H 4756 General Bill, By J.L.M. Cromer, A.W. Byrd, Harvin and J.J. Snow
 A Bill to amend Section 8-13-755, Code of Laws of South Carolina, 1976,
 relating to restrictions on a former public official, member, or employee
 serving as a lobbyist, or accepting employment in the field of his former
 service, so as to provide that the provisions of this Section pertaining to
 prohibited employment do not apply in the case of a public employee where the
 head of the agency or department of the public employee, at the time the
 employee leaves the agency, makes a written finding that no conflict of
 interest would exist due to the accepting of that employment.

   04/15/92  House  Introduced and read first time HJ-20
   04/15/92  House  Referred to Committee on Judiciary HJ-20

A BILL

TO AMEND SECTION 8-13-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON A FORMER PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE SERVING AS A LOBBYIST, OR ACCEPTING EMPLOYMENT IN THE FIELD OF HIS FORMER SERVICE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION PERTAINING TO PROHIBITED EMPLOYMENT DO NOT APPLY IN THE CASE OF A PUBLIC EMPLOYEE WHERE THE HEAD OF THE AGENCY OR DEPARTMENT OF THE PUBLIC EMPLOYEE, AT THE TIME THE EMPLOYEE LEAVES THE AGENCY, MAKES A WRITTEN FINDING THAT NO CONFLICT OF INTEREST WOULD EXIST DUE TO THE ACCEPTING OF THAT EMPLOYMENT.

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

SECTION 1. Section 8-13-755 of the 1976 Code, which was added by the provisions of Act 248 of 1991, is amended to read:

"Section 8-13-755. A former public official, former public member, or former public employee holding public office, membership, or employment on or after January 1, 1992, may not for a period of one year after terminating his public service or employment:

(1) serve as a lobbyist or represent clients before the agency or department on which he formerly served in a matter which he directly and substantially participated during his public service or employment; or

(2) accept employment if the employment:

(a) is from a person who is regulated by the agency or department on which the former public official, former public member, or former public employee served or was employed; and

(b) involves a matter in which the former public official, former public member, or former public employee directly and substantially participated during his public service or public employment.

The provisions of subitems (2)(a) and (2)(b) of this section do not apply in the case of a public employee where the head of the agency or department of the public employee, at the time the employee leaves the agency, makes a written finding that no conflict of interest would exist due to the accepting of that employment."

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