H 4113 Session 122 (2017-2018)
H 4113 General Bill, By D.C. Moss, Cobb-Hunter, Chumley, Long, Yow, Magnuson,
Williams, Knight, Jefferson, Thayer, G.R. Smith, Kirby, Pope, Felder, Bales,
King, Govan, Anthony, Ott, Burns, Arrington, Bowers, Bennett, Daning, Gagnon,
Hardee, Hayes, Hill, Hixon, Loftis, Mack, Martin, B. Newton, Ridgeway, Simrill,
Spires, Stringer, Taylor, Toole and Willis
A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY MEMBERS OF THE
GENERAL ASSEMBLY, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO
IS LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MAY NOT CHARGE OR ACCEPT A FEE
FOR PERFORMING CONSTITUENT SERVICES BEFORE A STATE AGENCY, COMMISSION, BOARD,
DEPARTMENT, OR OTHER STATE GOVERNMENTAL ENTITY, AND TO PROVIDE EXCEPTIONS.
04/06/17 House Introduced and read first time (House Journal-page 53)
04/06/17 House Referred to Committee on Judiciary
(House Journal-page 53)
H. 4113
A BILL
TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO IS LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MAY NOT CHARGE OR ACCEPT A FEE FOR PERFORMING CONSTITUENT SERVICES BEFORE A STATE AGENCY, COMMISSION, BOARD, DEPARTMENT, OR OTHER STATE GOVERNMENTAL ENTITY, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-745(A) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A)(1) No A member of the General Assembly or an individual with whom he is associated or business with which he is associated may not 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.
(2) Notwithstanding another provision of law, a member of the General Assembly who is licensed to practice law in South Carolina may not charge or accept a fee for performing constituent services on behalf of a constituent before a state agency, commission, board, department, or other state governmental entity, except:
(a) as required by law; or
(b) before a court under the unified judicial system."
SECTION 2. This act takes effect upon approval by the Governor.
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