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Indicates Matter Stricken
Indicates New Matter
R414, H4410
STATUS INFORMATION
General Bill
Sponsors: Reps. Cotty and Brady
Document Path: l:\council\bills\dka\3545dw06.doc
Companion/Similar bill(s): 1016
Introduced in the House on January 11, 2006
Introduced in the Senate on March 1, 2006
Last Amended on May 25, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 8, 2006, Vetoed
Legislative veto action(s): Veto sustained
Summary: Ethics
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/11/2006 House Introduced and read first time HJ-27
1/11/2006 House Referred to Committee on Judiciary HJ-27
1/24/2006 House Member(s) request name added as sponsor: Brady
2/22/2006 House Committee report: Favorable Judiciary HJ-4
2/28/2006 House Read second time HJ-12
3/1/2006 House Read third time and sent to Senate HJ-9
3/1/2006 Senate Introduced and read first time SJ-21
3/1/2006 Senate Referred to Committee on Judiciary SJ-21
3/8/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
5/24/2006 Senate Committee report: Favorable with amendment Judiciary
SJ-17
5/25/2006 Senate Amended SJ-150
5/30/2006 Senate Read second time SJ-20
5/31/2006 Senate Read third time and returned to House with amendments
6/1/2006 House Concurred in Senate amendment and enrolled HJ-43
6/1/2006 House Roll call Yeas-82 Nays-28 HJ-45
6/7/2006 Ratified R 414
6/8/2006 Vetoed by Governor
6/14/2006 House Veto sustained Yeas-73 Nays-40 HJ-118
6/14/2006 House Reconsider vote whereby veto sustained HJ-152
6/14/2006 House Veto overridden by originating body Yeas-93 Nays-16
HJ-152
6/14/2006 Senate Veto sustained Yeas-8 Nays-29 SJ-120
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/11/2006
2/22/2006
5/24/2006
5/25/2006
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R414, H4410)
AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.
Be it enacted by the General Assembly of the State of South Carolina:
Ethics, failure to file a report, fines
SECTION 1. Section 8-13-1510 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"Section 8-13-1510. (A) Except as otherwise specifically provided in this chapter, a person, other than an individual, required to file a report or statement pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed.
(B) Except as otherwise specifically provided in this chapter, an individual required to file a report or statement pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed, not to exceed five thousand dollars."
Ethics, representation by a public official before a governmental entity
SECTION 2. Section 8-13-740 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) No public official, public member, or public employee shall be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict is given and the public official, public member, or public employee recuses himself from the vote on the matter that is the subject of the conflict of interest."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies retroactively to those civil penalties pending with the Ethics Commission for a violation of the provisions of Section 1 before the effective date of this act.
Ratified the 7th day of June, 2006.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2006.
___________________________________________
Governor
This web page was last updated on Friday, December 4, 2009 at 3:49 P.M.