Current Status Introducing Body:Senate Bill Number:41 Primary Sponsor:Passailaigue Committee Number:11 Type of Legislation:GB Subject:Ethics, detailed provisions Residing Body:Senate Current Committee:Judiciary Computer Document Number:41 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN
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41 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
41 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND SECTION 2-17-30, RELATING TO THE REGULATION OF LOBBYISTS, SO AS TO PROHIBIT FORMER PUBLIC OFFICIALS FROM EMPLOYMENT AS A LOBBYIST FOR A CERTAIN TIME PERIOD; TO AMEND TITLE 8, CHAPTER 13, RELATING TO BREACHES OF ETHICAL STANDARDS BY PUBLIC OFFICIALS AND EMPLOYEES, SO AS TO CHANGE THE COMPOSITION OF THE STATE ETHICS COMMISSION AND LIMIT THE MEMBERS POLITICAL ACTIVITY, TO PLACE LIMITATIONS ON FORMER STATE EMPLOYEE'S INVOLVEMENT AND ASSOCIATION WITH PRIVATE BUSINESSES THAT DID BUSINESS WITH THE FORMER STATE EMPLOYEES ORGANIZATION WHILE THE EMPLOYEE WAS STILL THERE, TO LIMIT THE RECEIPT AND SOLICITATION OF CAMPAIGN FUNDS DURING THE REGULAR SESSION OF THE GENERAL ASSEMBLY, TO PROHIBIT THE OFFERING OF ANYTHING OF VALUE TO A PUBLIC OFFICIAL TO INDUCE THE OFFICIAL TO SWITCH PARTIES, TO PROHIBIT A PUBLIC OFFICIAl OR CANDIDATE FROM ACCEPTING CASH CONTRIBUTIONS, TO PROHIBIT CERTAIN ACTIVITITES BY A COMPANY OR PERSON WHO RECEIVED A STATE CONTRACT, TO REQUIRE CERTAIN PUBLIC OFFICIALS TO FILE THEIR INCOME TAX RETURNS, AND TO PROHIBIT PUBLIC OFFICIALS CONVICTED OF A FELONY FROM RECEIVING STATE PENSION BENEFITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-17-30 of the 1976 Code is amended to read:
"Section 2-17-30. (A) No person shall be employed as a legistative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any committee thereof.
(B) No former public official may be employed as a lobbyist within one year after the public official's term of office has ended. "
SECTION 2. Section 8-13-110 of the 1976 Code is amended to read:
"Section 8-13-110. There is hereby created the State Ethics Commission to be composed of six five members, one two of whom shall be appointed from each congressional district by the Governor, upon the advice and consent of the General Assembly, one of whom shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed by the President Pro Tempore of the Senate, and one member who is not a member of the Judiciary whom shall be appointed by the Chief Justice of the State Supreme Court. No member of the General Assembly or other public official shall be eligible to serve on the State Ethics Commission. Any person who has been a candidate for public office in a partisan election or any person who has been engaged in partisan political activity on behalf of a candidate affiliated with a political party officially recognized pursuant to Title 7 of the 1976 Code within four years of the date of appointment for the relevant office shall be ineligible to serve as a member of the Commission. During their term of office, members of the commission are prohibited from engaging in partisan political activity. The terms of the members shall be for four years, which expires on January fifteenth of the appropriate year. Commissioners elected must serve and until their successors are appointed and qualify except of those first appointed, these members appointed from the first, third and sixth districts shall be appointed for terms of two years only. No member of the commission, including those first appointed, shall serve more than two consecutive four-years terms onthe commission. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The commission shall elect a chairman, a vice-chairman and such other officers as it deems necessary. Four Three members of the commission shall constitute a quorum. Members of the Commission shall, while serving on business of the commission, receive such per diem, mileage and subsistence as is provided by law for members of boards, committees and commissions.
As used in this section, partisan political activity includes but is not limited to fund raising, consulting or advising, whether for compensation or not, any candidate for public office in a partisan election or anyone working on behalf of or consulting or advising a candidate for public office. Partisan political activity shall not include voting in a partisan primary election."
SECTION 3. "Notwithstanding the provisions of Section 8-13-110 of the 1976 Code governing the time when a person elected commissioner may perform the duties of his office, members of the State Ethics Commission serving on the effective date of this act shall continue to serve until January 15, 1991, until their successors have been appointed and qualified as provided in this act after which their terms of office end and their successors assume office."
SECTION 4. Section 8-13-490 of the 1976 Code is amended to read:
"Section 8-13-490. (1) No person shall offer or give to a member or employee of agovernmental regulatory agency or department that regulates a business with which such person is associated, and no member or employee of such agency or department shall solicit or accept from any such person, anything of value, or a favor or service, while the member or employee is associated with the regulatory agency or department. No former member or employee of such agency shall serve as a lobbyist or represent clients before such agency or department in matters in which he was directly or substantially involved while employed with such agency or department.
(2) No former state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state employee at any time participated during state employment. This subsection shall not be construed to prohibit any employee or officer of a state employee organization from rendering assistance to state employees in the course of employee organization business.
(3) No former state employee may share in any compensation received by another person for assistance that the former state employee is prohibited from rendering under subsection (2) of this section.
(4) No former state employee may, within a period of one year from the date of termination of state employment, receive compensation from any private business if (a) the state employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration on behalf of the state or agency of one or more contracts with that private business and was in a position to makediscretionary decisions affecting the outcome of such negotiation or the nature of such administration, (b) such a contract or contracts have a total value of more than ten thousand dollars, and (c) the duties of the employment by the private business or the activities for which the compensation would be received from the private business include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prevent a state employee from accepting employment with a state employee organization.
(5) No former state employee may accept an offer of employment or receive compensation from any private business if the state employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the state employee during the course of state employment.
(6) For the purposes of this section, the term 'private business' includes any natural person, partnership, association, or corporation of any kind or description that is engaged in business activity in this state or elsewhere. If any natural persons, partnership, or corporation owns or controls two or more businesses, all of the businesses owned or controlled shall be defined as a single private business for the purposes of this section.
(7) This section shall not be construed to prevent a former state employee from renderingassistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:
(a) Providing the names, addresses, and telephone numbers of state agencies or state employees;
(b) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or
(c) Providing assistance to the poor and inform."
SECTION 5. Section 8-13-500 of the 1976 Code is amended to read:
"Section 8-13-500. (1) Except as may be permitted by regulations of the State Ethics Commission, it shall be a breach of ethical standards for any public employee or public official who is participating directly in the procurement process to resign and accept employment with any person contracting with the governmental body with whom the public employee or public official is associated.
(2) No person shall knowingly may use a former public employee or public official knowingly to and no former public employee or public official knowingly may, within two years after his employment or service act as a principal or as an agent for anyone other than the State or other governmental entity with whom he was associated in connection with any a judicial or other proceeding, application, request for a ruling, or other determination, contract, claim or charge of controversy in which the public employee or public official participated personally and substantially through decision, approval, disapproval,recommendation, rendering of advice, investigation, or otherwise while such he was a public employee or public official where the State or governmental entity is a party or has a direct and substantial interest. No former public official may be employed as a lobbyist within one year after service as a public official. A person who violates the provisions of this subsection, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than two years, or both.
(3) It shall be a breach of ethical standards for a business, in which a public employee or public official has a financial interest, knowingly to act as a principal or as an agent for anyone other than the State or other governmental entity with which he is associated in connection with any contract, claim or controversy, or any judicial proceeding in which the public employee or public official either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of the official's or employee's official responsibility, where the State or governmental entity is a party or has a direct and substantial interest."
SECTION 6. Title 8, Chapter 13 of the 1976 Code is amended by adding:
"Section 8-13-625. No candidate for Governor, Lieutenant Governor, Senate, House of Representatives, any statewide
constitutional office, any committee working on behalf of such a candidate for political office, or any group or political party receiving or soliciting funds for the supportof the candidate may receive or accept any contribution during the regular session of the General Assembly, which is from the second Tuesday in January through sine die adjournment, or special sessions of the General Assembly."
SECTION 7. Title 8, Chapter 13 of the 1976 Code is amended by adding:
"Section 8-13-640. It is unlawful for any person, organization or political party to offer money or anything of value to a candidate for public office for the purpose of encouraging or causing the candidate to switch to a political party other than the political party in which the candidate is a member.
If any such offer is made to a candidate for public office, the candidate must report the offer and the person, organization, or political party who made the offer to the State Ethics Commission within ten days of the offer."
SECTION 8. Title 8, Chapter 13 of the 1976 Code is amended by adding:
"Section 8-13-650(a). No public official or candidate for public office may solicit or accept from any person, directly or indirectly, monetary contributions except in the form of a check, draft, or other written instrument payable to the candidate, political committee, or treasurer and signed or endorsed by the donor.
An anonymous contribution received by a public official or candidate for public office or his agent, must not be used or expended,but must be returned to the donor, if his identity can be determined. If no donor is determined, the contribution shall escheat to the State to be deposited into the Children's Trust Fund. A public official or candidate for public office who remits any such contribution to the donor or the State Treasurer within ten days after receipt is not in violation of this section.
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars.
(b) The provisions of subsection (a) do not preclude a public official or candidate for public office from accepting cash contributions, limited to twenty-five dollars per person, for fund-raising events where food or beverages are served or where political merchandise is distributed if the contribution is to defray the cost of the meal, beverage, or political merchandise in whole or in part."
SECTION 9. Title 8, Chapter 13 of the 1976 Code is amended by adding:
"Section 8-13-660. No company or person who has been awarded a state contract, other than contracts awarded through state competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which a public official has an interest if that official was in a position to act on the contract's award. No public official or state employee may solicit campaign contributions or investments in exchange for the prior award of a state contract or the promise of a state contract."
SECTION 10. Section 8-13-810 of the 1976 Code is amended to read:
"Section 8-13-810. (1) No member of the General Assembly, or elected public official, regardless of compensation, and no public employee or appointed official as designated below, regardless of compensation, shall be allowed to take the oath of office or enter upon his duties of employment unless he has filed a statement of economic interests in accordance with the provisions of this chapter at the office of the State Ethics Commission, the Chairman of the Senate Ethics Committee or the Chairman of the House of Representatives Ethics Committee, as may be appropriate. The State Ethics Commission and the Senate Ethics Committee and House of Representatives Ethics Committee shall forward a copy of each statement filed with it to the clerk of court in the county of residence of the member, official or employee. If members of the General Assembly or public officials and employees referred to in this section have no economic interest as defined in item (g) of Section 8-13-20 they shall nevertheless file a negative report to that effect with the entity with which reports are to be filed. All disclosure statements shall be matters of public record open to inspection upon request.
The following public employees or appointed officials shall file a statement of economic interest regardless of compensation:
(a) Any person appointed to fill the unexpired term of any elective office;
(b) Salaried members of State boards, commissions or agencies;
(c) The chief administrative official or employee and the deputy or assistant administrative official or employee or director of a divisions, institution or facility of any agency or department of state government;
(d) The city administrator, city manager or chief municipal administrative official or employee, by whatever title;
(e) The county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(f) The chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts and development commissions;
(g) All school district and county superintendents of education;
(h) All school district board members and county board of education members;
(i) The chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision, including but not limited to those named in item (f).
(f).
(2) No Governor, Lieutenant Governor, or member of the General Assembly shall be allowed to take the oath of office or enter upon his duties of employment unless he has filed his personal income tax returns at the Office of the State Ethics Commission for the last three years that have been completed and filed with the Internal Revenue Service and the South Carolina Tax Commission.
SECTION 11. Title 8, Chapter 13 of the 1976 Code is amended by adding:
"Section 8-13-1025. A public official convicted of a felony under State or Federal law is not eligible for state employee pension benefits. However, a person that becomes ineligible may receive the amount paid into any state retirement plan less any payments made through the date of the exhaustion of all appeals."
SECTION 12. This act takes effect upon approval by the Governor.