Printed Page 7360, May 26
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Printed Page 7360, May 26
| Printed Page 7380, May 26
| The following was introduced:
H. 5249 -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING LAKE CITY PRIMARY SCHOOL OF FLORENCE COUNTY ON BEING CHOSEN AS A WINNER OF THE NATIONAL BLUE RIBBON SCHOOLS AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5250 -- Rep. Askins: A CONCURRENT RESOLUTION COMMENDING RICHARD T. MINCEY FOR HIS OUTSTANDING SERVICE AS LEGISLATIVE AGENT FOR THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and ordered placed on the Calender without reference.
S. 675 -- Senator Land: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 8, 10, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 OF THE 1976 CODE BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA
Rule 5.12 was waived, with unanimous consent.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on
the Calendar without reference.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, May 26. James S. Klauber Joseph T. McElveen, Jr. Ralph W. Canty C. Alex Harvin, III Richard M. Quinn, Jr. Dell Baker Stephen E. Gonzales John J. Snow, Jr.
The SPEAKER granted Rep. HARWELL a leave of absence for the day.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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.
The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Barber Baxley Boan Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales
Harrell Harrelson Harris, J. Harrison Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Richardson Riser Robinson Rogers Scott Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
Those that voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, HODGES and JENNINGS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred: 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. Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. 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."
SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(14) `Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is considered a lobbyist's principal only as to
SECTION 3. Section 2-17-20(B)(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
SECTION 4. Section 2-17-20(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(4) If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed a lobbyist's principal as to all public offices or public bodies of the State."
SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3) an identification of the public office or public body which the lobbyist's principal will authorize lobbying and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
SECTION 6. Section 2-17-25(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(5) If a lobbyist's principal fails to identify the public office or public body for which he has authorized lobbying as required by item (3) of this subsection, then the lobbyist's principal is deemed a lobbyist's principal as to all public offices or public bodies of the State."
SECTION 7. The first paragraph of Section 2-17-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-30. (A) Each lobbyist, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April first tenth and October first tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 9. Section 2-17-65(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) If, after notification by the State Ethics Commission that a required statement has not been filed, the person fails to file the necessary notices and reports, the State Ethics Commission shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70 file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."
SECTION 10. Section 2-17-90(C) of the 1976 Code, as added by Act 248 of 1991, is 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 11. Section 2-17-90(F) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(F) The provisions of this section do not apply to a public official or a 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 to a public official or a public employee who pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal when the ticketed event is open to the general public."
SECTION 12. Section 2-17-90 of the 1976 Code, as added by Act 248 of 1991, is amended by adding:
"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation,
SECTION 13. Section 2-17-100 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-100. A public official 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. A public official or public employee 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 incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee 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. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1100 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report 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. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.
If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of any a public official of any a state agency who is not listed in a subitem an item below;
(2) any statewide constitutional officer, in the case of himself;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases."
SECTION 14. Section 8-13-100(5) of the 1976 Code, as added by Act 248 of 1991, is 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."
SECTION 15. Section 8-13-100(12) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(12) `Election' means:
(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) a ballot measure."
SECTION 16. Section 8-13-100 of the 1976 Code, as added by Act 248 of 1991, is 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."
Printed Page 7360, May 26
| Printed Page 7380, May 26
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