S 1112 Session 109 (1991-1992)
S 1112 General Bill, By Wilson and Russell
A Bill to amend Sections 8-13-740 and 8-13-745, as amended, Code of Laws of
South Carolina, 1976, relating to representation of others before governmental
entities by public officials, members, employees, and legislators, financial
disclosure of certain fee income, and restrictions on voting by legislators
who represent clients in contested cases and who contract with entities funded
by state-appropriated funds, so as to prohibit a legislator from representing
a client in a contested case before a state agency, and to delete provisions
relating to financial disclosure and restrictions on voting by legislators
made obsolete by this prohibition on representation.
12/02/91 Senate Prefiled
12/02/91 Senate Referred to Committee on Judiciary
01/14/92 Senate Introduced and read first time SJ-31
01/14/92 Senate Referred to Committee on Judiciary SJ-31
A BILL
TO AMEND SECTIONS 8-13-740 AND 8-13-745, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
REPRESENTATION OF OTHERS BEFORE GOVERNMENTAL
ENTITIES BY PUBLIC OFFICIALS, MEMBERS, EMPLOYEES,
AND LEGISLATORS, FINANCIAL DISCLOSURE OF CERTAIN
FEE INCOME, AND RESTRICTIONS ON VOTING BY
LEGISLATORS WHO REPRESENT CLIENTS IN CONTESTED
CASES AND WHO CONTRACT WITH ENTITIES FUNDED BY
STATE-APPROPRIATED FUNDS, SO AS TO PROHIBIT A
LEGISLATOR FROM REPRESENTING A CLIENT IN A
CONTESTED CASE BEFORE A STATE AGENCY, AND TO
DELETE PROVISIONS RELATING TO FINANCIAL DISCLOSURE
AND RESTRICTIONS ON VOTING BY LEGISLATORS MADE
OBSOLETE BY THIS PROHIBITION ON REPRESENTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-740 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"Section 8-13-740. (A)(1) A public official occupying
statewide office, a member of his immediate family, an individual with
whom he is associated, or a business with which he is associated may
not knowingly represent another person before a governmental entity,
except as otherwise required by law.
(2) A member of the General Assembly, an individual with
whom he is associated, or a business with which he is associated may
not knowingly represent another person before a governmental entity,
except:
(a) as required by law; or
(b) before a court under the unified judicial system;
or.
(c) in a contested case, as defined in Section 1-23-310,
excluding a contested case for a rate or price fixing matter before the
South Carolina Public Service Commission or South Carolina Insurance
Commission, or in an agency's consideration of the drafting and
promulgation of regulations under Chapter 23 of Title 1 in a public
hearing.
(3) A public member occupying statewide office, an individual
with whom he is associated, or a business with which he is associated
may not knowingly represent another person before the same unit or
division of the governmental entity for which the public member has
official responsibility, except as otherwise required by law.
(4) A public official, public member, or public employee of a
county, an individual with whom the public official, public member, or
public employee is associated, or a business with which the public
official, public member, or public employee is associated may not
knowingly represent a person before any agency, unit, or subunit of that
county except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a
municipality, an individual with whom the public official, public
member, or public employee is associated, or a business with which the
public official, public member, or public employee is associated may not
knowingly represent a person before any agency, unit, or subunit of that
municipality except as required by law.
(6) A public employee, other than those specified in items (4)
and (5) of this subsection, receiving compensation other than
reimbursement or per diem payments for his official duties, an individual
with whom he is associated, or a business with which he is associated
may not knowingly represent a person before an entity on the same level
of government except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310,
excluding a contested case for a rate or price fixing matter before the
South Carolina Public Service Commission or South Carolina Insurance
Commission, or in an agency's consideration of the drafting and
promulgation of regulations under Chapter 23 of Title 1 in a public
hearing.
(7) The restrictions set forth in items (1) through (6) of this
subsection do not apply to:
(a) purely ministerial matters which do not require discretion
on the part of the governmental entity before which the public official,
public member, or public employee is appearing;
(b) representation by a public official, public member, or
public employee in the course of the public official's, public member's,
or public employee's official duties;
(c) representation by the public official, public member, or
public employee in matters relating to the public official's, public
member's, or public employee's personal affairs or the personal affairs
of the public official's, public member's, or public employee's immediate
family.
(B) Reserved. A member of the General Assembly,
when he, an individual with whom he is associated, or a business with
which he is associated represents a client for compensation as permitted
by subsection (A)(2)(c), must file within his annual statement of
economic interests a listing of fees earned, services rendered, names of
persons represented, and the nature of contacts made with the
governmental entities.
(C) Reserved. A member of the General Assembly
may not vote on the section of that year's general appropriation bill
relating to a particular agency or commission if the member, an
individual with whom he is associated, or a business with which he is
associated has represented any client before that agency or commission
as permitted by subsection (A)(2)(c) within one year prior to such vote.
This subsection does not prohibit a member from voting on other
sections of the general appropriation bill or from voting on the general
appropriation bill as a whole.
SECTION 2. Section 88-13-745 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"Section 8-13-745. (A) Reserved. No member
of the General Assembly or an individual with whom he is associated or
business with which he is associated may represent a client for a fee in
a contested case, as defined in Section 1-23-310, before an agency, a
commission, board, department, or other entity if the member of the
General Assembly has voted in the election, appointment,
recommendation, or confirmation of a member of the governing body of
the agency, board, department, or other entity within the twelve
preceding months.
(B) Reserved. Notwithstanding any other provision
of law, after the effective date of this section, no member of the General
Assembly or any individual with whom he is associated or business with
which he is associated may represent a client for a fee in a contested
case, as defined in Section 1-23-310, before an agency, a commission,
board, department, or other entity elected, appointed, recommended, or
confirmed by the House, the Senate, or the General Assembly if that
member has voted on the section of that year's general appropriation bill
or supplemental appropriation bill relating to that agency, commission,
board, department, or other entity within one year from the date of the
vote. This subsection does not prohibit a member from voting on other
sections of the general appropriation bill or from voting on the general
appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the effective
date of this section, no member of the General Assembly or an
individual with whom he is associated in partnership or a business,
company, corporation, or partnership where his interest is greater than
five percent may enter into any contract for goods or services with an
agency, a commission, board, department, or other entity funded with
general funds or other funds if the member has voted on the section of
that year's appropriation bill relating to that agency, commission, board,
department, or other entity within one year from the date of the vote.
This subsection does not prohibit a member from voting on other
sections of the appropriation bill or from voting on the general
appropriation bill as a whole.
(D) The provisions of this section do not apply to any court in the
unified judicial system.
(E) When a member of the General Assembly is required by law
to appear because of his business interest as an owner or officer of the
business or in his official capacity as a member of the General
Assembly, this section does not apply.
(F) The provisions of subsections (A), (B), and
subsection (C) do not apply in the case of any vote or
action taken by a member of the General Assembly prior to January 1,
1992."
SECTION 3. This act takes effect upon approval by the Governor.
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