S 1255 General Bill, By Mulvaney, Bright, Bryant, Davis, S. Martin, Shoopman and 
Rose
 A BILL TO AMEND SECTION 8-13-700, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE USE OF OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS
 TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY WHO IS EMPLOYED BY A STATE AGENCY
 OR DEPARTMENT EITHER DIRECTLY OR AS AN INDEPENDENT CONTRACTOR FROM VOTING ON
 LEGISLATION PERTAINING TO HIS EMPLOYER AGENCY OR DEPARTMENT, INCLUDING THE
 SECTION OF THE ANNUAL APPROPRIATIONS BILL IN WHICH THAT AGENCY'S OR
 DEPARTMENT'S FUNDING IS CONTAINED, AND TO PROVIDE THAT LEGISLATIVE ACTION TO
 INCREASE THE BENEFITS OR COMPENSATION OF THE MEMBERS OF THE GENERAL ASSEMBLY
 SHALL REQUIRE A TWO-THIRDS VOTE OF MEMBERS PRESENT AND VOTING.

   03/04/10  Senate Introduced and read first time SJ-3
   03/04/10  Senate Referred to Committee on Judiciary SJ-3
   03/05/10  Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott

S. 1255

TO AMEND SECTION 8-13-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY WHO IS EMPLOYED BY A STATE AGENCY OR DEPARTMENT EITHER DIRECTLY OR AS AN INDEPENDENT CONTRACTOR FROM VOTING ON LEGISLATION PERTAINING TO HIS EMPLOYER AGENCY OR DEPARTMENT, INCLUDING THE SECTION OF THE ANNUAL APPROPRIATIONS BILL IN WHICH THAT AGENCY'S OR DEPARTMENT'S FUNDING IS CONTAINED, AND TO PROVIDE THAT LEGISLATIVE ACTION TO INCREASE THE BENEFITS OR COMPENSATION OF THE MEMBERS OF THE GENERAL ASSEMBLY SHALL REQUIRE A TWO-THIRDS VOTE OF MEMBERS PRESENT AND VOTING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 8-13-700 of the 1976 Code, as added by Act 248 of 1991, is amended by adding appropriately designated subsections at the end to read:

"( )    A member of the General Assembly who is employed by an agency or department of the State of South Carolina either directly or as an independent contractor may not vote on legislation affecting his employer agency or department, including the section of the annual appropriations bill in which the funding for that agency or department is contained. A member of the General Assembly who is precluded from voting on legislation affecting his employer agency or department must comply with the recusal provisions of subsection (B)(2) of this section.

( )    Legislative action taken in committee, subcommittee or on the floor of the General Assembly that would increase the benefits or compensation of the members of the General Assembly shall require a two-thirds vote of the members present and voting."

SECTION    2.    This act takes effect upon approval by the Governor.