Printed Page 470, Jan. 19
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Printed Page 470, Jan. 19
| Printed Page 490, Jan. 20
| On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3548 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3980 be read the third time tomorrow.
Rep. BEATTY moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4518 -- Reps. Davenport, Littlejohn, Allison, Wells, Lanford and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA, WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA AND THE SPARTANBURG COUNTY COMMISSION ON HIGHER EDUCATION, SHALL EMPLOY THE ADMINISTRATIVE OFFICERS AND FACULTY OF THE SPARTANBURG CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA.
Rep. SPEARMAN moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted.
H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.
The following Joint Resolution was taken up.
H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III,
Rep. TUCKER moved to adjourn debate upon the Joint Resolution until Wednesday, January 26.
Rep. KLAUBER moved to table the motion and demanded the yeas and nays, which
were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Baxley Brown, H. Cato Clyborne Cooper Cromer Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Law Littlejohn
Marchbanks Meacham Richardson Robinson Sharpe Simrill Smith, D. Smith, R. Snow Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Walker Wilkins Witherspoon Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Barber Beatty Brown, J. Carnell Chamblee Cobb-Hunter Delleney Elliott Farr Harris, P. Harvin Harwell Hines Hodges Holt Houck Jennings Keyserling Kirsh Koon Lanford McCraw McLeod McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Riser Rogers Rudnick Scott Sheheen Shissias Spearman Sturkie Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Williams Worley Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate.
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Beatty Boan Breeland Brown, J. Carnell Chamblee Cobb-Hunter Delleney Elliott Farr Harris, P. Harvin Harwell Hines Hodges Holt Houck Jennings Keyserling Kirsh Koon Mattos McCraw McLeod McMahand McTeer Moody-Lawrence Neilson Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Sturkie Townsend Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Williams Worley
Those who voted in the negative are:
Allison Bailey, J. Baker Barber Baxley Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Littlejohn Marchbanks McKay Meacham Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Thomas Trotter Vaughn
Walker Wilkins Witherspoon Wofford Young, A. Young, R.
So, the motion to adjourn debate was rejected.
Reps. SCOTT, WILKINS, SPEARMAN, JENNINGS, FARR, McCRAW, McLEOD, HARWELL, SIMRILL, MEACHAM, VAUGHN, CATO, RUDNICK, RHOAD, J. WILDER, KELLEY, WALDROP, WHITE, HARVIN, WILLIAMS, COBB-HUNTER and DELLENEY objected to the Joint Resolution.
The following Bill was taken up.
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Reps. HODGES, WILKINS & JENNINGS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7559DW.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."
SECTION 2. The 1976 Code is amended by adding:
"Section 8-13-717. Notwithstanding any other provision of law, any public employee who accepts honoraria, compensation, or reimbursement of actual expenses for speaking to a public or private group shall disclose on his statement of economic interests the organization which provided the honoraria, compensation, or reimbursement the amount of such payment or reimbursement, and the purpose, date, and location of the speaking
SECTION 3. The 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation:
(1) was extended to the member of the General Assembly by virtue of his membership in an authorized group pursuant to Section 2-17-90(A)(1);
(2) was in writing; and
(3) was delivered to the chairman of an authorized group other than the entire membership of the House, Senate, or General Assembly prior to the actual event for which the invitation was extended, or if the invitation was extended to the entire membership of the House, Senate, or General Assembly, the invitation was delivered to the House or Senate Invitations Committee pursuant to House or Senate rules."
SECTION 4. The 1976 Code is amended by adding:
"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."
SECTION 5. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."
SECTION 6. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."
"(C) If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 shall file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."
SECTION 8. Section 2-17-90(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."
SECTION 9. Section 2-17-90(F) of the 1976 Code, as last amended by Act 241 of 1991, is further amended to read:
"(F) The provisions of this section do not apply to a public official or public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal."
SECTION 10. Section 2-17-90 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."
SECTION 11. Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-100. A public official, public member, or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group.
(1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or
(4) the Speaker of the House, in the case of a member of the House of Representatives."
SECTION 12. Section 8-13-100(5) and (12), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(5) `Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) an election at which a ballot measure or referendum appears on the ballot."
SECTION 13. Section 8-13-100, of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(30) `State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."
SECTION 14. Section 8-13-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official, public member, or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and
(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."
SECTION 15. The first seven lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Article 17, Chapter 2 and, upon complaint by an individual, of an alleged violation of this chapter by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in this section."
SECTION 16. Section 8-13-320(10)(f), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
SECTION 17. Section 8-13-715 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 8-13-715. A public official, or public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official or public member is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public member may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. Any public official or public member shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
Printed Page 470, Jan. 19
| Printed Page 490, Jan. 20
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