S 41 Session 109 (1991-1992)
S 0041 General Bill, By Passailaigue
A Bill to amend Section 2-17-30, relating to the regulation of lobbyists, so
as to prohibit former public officials from employment as a lobbyist for a
certain time period; to amend Title 8, Chapter 13, relating to breaches of
ethical standards by public officials and employees, so as to change the
composition of the State Ethics Commission and limit the members political
activity, to place limitations on former state employee's involvement and
association with private businesses that did business with the former state
employees organization while the employee was still there, to limit the
receipt and solicitation of campaign funds during the regular session of the
General Assembly, to prohibit the offering of anything of value to a public
official to induce the official to switch parties, to prohibit a public
official or candidate from accepting cash contributions, to prohibit certain
activities by a company or person who received a state contract, to require
certain public officials to file their income tax returns, and to prohibit
public officials convicted of a felony from receiving state pension benefits.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-35
01/08/91 Senate Referred to Committee on Judiciary SJ-36
A BILL
TO AMEND SECTION 2-17-30, RELATING TO THE REGULATION
OF LOBBYISTS, SO AS TO PROHIBIT FORMER PUBLIC
OFFICIALS FROM EMPLOYMENT AS A LOBBYIST FOR A
CERTAIN TIME PERIOD; TO AMEND TITLE 8, CHAPTER 13,
RELATING TO BREACHES OF ETHICAL STANDARDS BY
PUBLIC OFFICIALS AND EMPLOYEES, SO AS TO CHANGE THE
COMPOSITION OF THE STATE ETHICS COMMISSION AND
LIMIT THE MEMBERS POLITICAL ACTIVITY, TO PLACE
LIMITATIONS ON FORMER STATE EMPLOYEE'S
INVOLVEMENT AND ASSOCIATION WITH PRIVATE
BUSINESSES THAT DID BUSINESS WITH THE FORMER STATE
EMPLOYEES ORGANIZATION WHILE THE EMPLOYEE WAS
STILL THERE, TO LIMIT THE RECEIPT AND SOLICITATION OF
CAMPAIGN FUNDS DURING THE REGULAR SESSION OF THE
GENERAL ASSEMBLY, TO PROHIBIT THE OFFERING OF
ANYTHING OF VALUE TO A PUBLIC OFFICIAL TO INDUCE THE
OFFICIAL TO SWITCH PARTIES, TO PROHIBIT A PUBLIC
OFFICIAl OR CANDIDATE FROM ACCEPTING CASH
CONTRIBUTIONS, TO PROHIBIT CERTAIN ACTIVITITES BY A
COMPANY OR PERSON WHO RECEIVED A STATE CONTRACT,
TO REQUIRE CERTAIN PUBLIC OFFICIALS TO FILE THEIR
INCOME TAX RETURNS, AND TO PROHIBIT PUBLIC OFFICIALS
CONVICTED OF A FELONY FROM RECEIVING STATE PENSION
BENEFITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-17-30 of the 1976 Code is amended to read:
"Section 2-17-30. (A) No person shall be employed as
a legistative counsel or agent for a compensation dependent in any
manner upon the passage or defeat of any proposed legislation or upon
any other contingency connected with the action of the General
Assembly or of either branch or any committee thereof.
(B) No former public official may be employed as a lobbyist
within one year after the public official's term of office has ended.
"
SECTION 2. Section 8-13-110 of the 1976 Code is amended to read:
"Section 8-13-110. There is hereby created the State Ethics
Commission to be composed of six five members,
one two of whom shall be appointed from each
congressional district by the Governor, upon the advice and consent
of the General Assembly, one of whom shall be appointed by the
Speaker of the House of Representatives, one of whom shall be
appointed by the President Pro Tempore of the Senate, and one member
who is not a member of the Judiciary whom shall be appointed by the
Chief Justice of the State Supreme Court. No member of the
General Assembly or other public official shall be eligible to serve on
the State Ethics Commission. Any person who has been a candidate
for public office in a partisan election or any person who has been
engaged in partisan political activity on behalf of a candidate affiliated
with a political party officially recognized pursuant to Title 7 of the
1976 Code within four years of the date of appointment for the relevant
office shall be ineligible to serve as a member of the Commission.
During their term of office, members of the commission are prohibited
from engaging in partisan political activity. The terms of the
members shall be for four years, which expires on January fifteenth
of the appropriate year. Commissioners elected must serve
and until their successors are appointed and qualify except of
those first appointed, these members appointed from the first, third and
sixth districts shall be appointed for terms of two years only. No
member of the commission, including those first appointed, shall serve
more than two consecutive four-years terms onthe commission.
Vacancies shall be filled in the manner of the original appointment for
the unexpired portion of the term only. The commission shall elect a
chairman, a vice-chairman and such other officers as it deems necessary.
Four Three members of the commission shall constitute
a quorum. Members of the Commission shall, while serving on business
of the commission, receive such per diem, mileage and subsistence as is
provided by law for members of boards, committees and commissions.
As used in this section, partisan political activity includes but is
not limited to fund raising, consulting or advising, whether for
compensation or not, any candidate for public office in a partisan
election or anyone working on behalf of or consulting or advising a
candidate for public office. Partisan political activity shall not include
voting in a partisan primary election."
SECTION 3. "Notwithstanding the provisions of Section 8-13-110 of the 1976 Code governing the time when a person elected
commissioner may perform the duties of his office, members of the State
Ethics Commission serving on the effective date of this act shall
continue to serve until January 15, 1991, until their successors have been
appointed and qualified as provided in this act after which their terms of
office end and their successors assume office."
SECTION 4. Section 8-13-490 of the 1976 Code is amended to read:
"Section 8-13-490. (1) No person shall offer or give
to a member or employee of agovernmental regulatory agency or
department that regulates a business with which such person is
associated, and no member or employee of such agency or department
shall solicit or accept from any such person, anything of value, or a favor
or service, while the member or employee is associated with the
regulatory agency or department. No former member or employee of
such agency shall serve as a lobbyist or represent clients before such
agency or department in matters in which he was directly or
substantially involved while employed with such agency or department.
(2) No former state employee may at any time subsequent to
his or her state employment assist another person, whether or not for
compensation, in any transaction involving the state in which the former
state employee at any time participated during state employment. This
subsection shall not be construed to prohibit any employee or officer of
a state employee organization from rendering assistance to state
employees in the course of employee organization business.
(3) No former state employee may share in any compensation
received by another person for assistance that the former state employee
is prohibited from rendering under subsection (2) of this section.
(4) No former state employee may, within a period of one year
from the date of termination of state employment, receive compensation
from any private business if (a) the state employee, during the two years
immediately preceding termination of state employment, was engaged
in the negotiation or administration on behalf of the state or agency of
one or more contracts with that private business and was in a position to
makediscretionary decisions affecting the outcome of such negotiation
or the nature of such administration, (b) such a contract or contracts have
a total value of more than ten thousand dollars, and (c) the duties of the
employment by the private business or the activities for which the
compensation would be received from the private business include
fulfilling or implementing, in whole or in part, the provisions of such a
contract or contracts or include the supervision or control of actions
taken to fulfill or implement, in whole or in part, the provisions of such
a contract or contracts. This subsection shall not be construed to prevent
a state employee from accepting employment with a state employee
organization.
(5) No former state employee may accept an offer of employment
or receive compensation from any private business if the state employee
knows or has reason to believe that the offer of employment or
compensation was intended, in whole or in part, directly or indirectly,
as compensation or reward for the performance or nonperformance of a
duty by the state employee during the course of state employment.
(6) For the purposes of this section, the term 'private business'
includes any natural person, partnership, association, or corporation of
any kind or description that is engaged in business activity in this state
or elsewhere. If any natural persons, partnership, or corporation owns
or controls two or more businesses, all of the businesses owned or
controlled shall be defined as a single private business for the purposes
of this section.
(7) This section shall not be construed to prevent a former state
employee from renderingassistance to others if the assistance is provided
without compensation in any form and is limited to one or more of the
following:
(a) Providing the names, addresses, and telephone numbers of
state agencies or state employees;
(b) Assisting a natural person or nonprofit corporation in
obtaining or completing application forms or other forms required by a
state agency for the conduct of a state business; or
(c) Providing assistance to the poor and inform."
SECTION 5. Section 8-13-500 of the 1976 Code is amended to read:
"Section 8-13-500. (1) Except as may be permitted by
regulations of the State Ethics Commission, it shall be a breach of
ethical standards for any public employee or public official who is
participating directly in the procurement process to resign and accept
employment with any person contracting with the governmental body
with whom the public employee or public official is associated.
(2) No person shall knowingly may use a former
public employee or public official knowingly to and no
former public employee or public official knowingly may, within two
years after his employment or service act as a principal or as an
agent for anyone other than the State or other governmental entity with
whom he was associated in connection with any a
judicial or other proceeding, application, request for a ruling, or other
determination, contract, claim or charge of controversy in which the
public employee or public official participated personally and
substantially through decision, approval, disapproval,recommendation,
rendering of advice, investigation, or otherwise while such
he was a public employee or public official where the State or
governmental entity is a party or has a direct and substantial interest.
No former public official may be employed as a lobbyist within one
year after service as a public official. A person who violates the
provisions of this subsection, upon conviction, must be fined not more
than ten thousand dollars or imprisoned for not more than two years, or
both.
(3) It shall be a breach of ethical standards for a business, in
which a public employee or public official has a financial interest,
knowingly to act as a principal or as an agent for anyone other than the
State or other governmental entity with which he is associated in
connection with any contract, claim or controversy, or any judicial
proceeding in which the public employee or public official either
participates personally and substantially through decision, approval,
disapproval, recommendation, the rendering of advice, investigation, or
otherwise, or which is the subject of the official's or employee's official
responsibility, where the State or governmental entity is a party or has
a direct and substantial interest."
SECTION 6. Title 8, Chapter 13 of the 1976 Code is amended by
adding:
"Section 8-13-625. No candidate for Governor, Lieutenant
Governor, Senate, House of Representatives, any statewide
constitutional office, any committee working on behalf of such a
candidate for political office, or any group or political party receiving or
soliciting funds for the supportof the candidate may receive or accept
any contribution during the regular session of the General Assembly,
which is from the second Tuesday in January through sine die
adjournment, or special sessions of the General Assembly."
SECTION 7. Title 8, Chapter 13 of the 1976 Code is amended by
adding:
"Section 8-13-640. It is unlawful for any person, organization or
political party to offer money or anything of value to a candidate for
public office for the purpose of encouraging or causing the candidate to
switch to a political party other than the political party in which the
candidate is a member.
If any such offer is made to a candidate for public office, the
candidate must report the offer and the person, organization, or political
party who made the offer to the State Ethics Commission within ten days
of the offer."
SECTION 8. Title 8, Chapter 13 of the 1976 Code is amended by
adding:
"Section 8-13-650(a). No public official or candidate for
public office may solicit or accept from any person, directly or
indirectly, monetary contributions except in the form of a check, draft,
or other written instrument payable to the candidate, political committee,
or treasurer and signed or endorsed by the donor.
An anonymous contribution received by a public official or candidate
for public office or his agent, must not be used or expended,but must be
returned to the donor, if his identity can be determined. If no donor is
determined, the contribution shall escheat to the State to be deposited
into the Children's Trust Fund. A public official or candidate for public
office who remits any such contribution to the donor or the State
Treasurer within ten days after receipt is not in violation of this section.
Any person violating the provisions of this section shall be guilty of
a misdemeanor and upon conviction shall be fined not more than one
thousand dollars.
(b) The provisions of subsection (a) do not preclude a public official
or candidate for public office from accepting cash contributions, limited
to twenty-five dollars per person, for fund-raising events where food or
beverages are served or where political merchandise is distributed if the
contribution is to defray the cost of the meal, beverage, or political
merchandise in whole or in part."
SECTION 9. Title 8, Chapter 13 of the 1976 Code is amended by
adding:
"Section 8-13-660. No company or person who has been
awarded a state contract, other than contracts awarded through state
competitive bidding practices, may make a contribution after the
awarding of the contract or invest in a financial venture in which a
public official has an interest if that official was in a position to act on
the contract's award. No public official or state employee may solicit
campaign contributions or investments in exchange for the prior award
of a state contract or the promise of a state contract."
SECTION 10. Section 8-13-810 of the 1976 Code is amended to read:
"Section 8-13-810. (1) No member of the General
Assembly, or elected public official, regardless of compensation, and no
public employee or appointed official as designated below, regardless
of compensation, shall be allowed to take the oath of office or enter
upon his duties of employment unless he has filed a statement of
economic interests in accordance with the provisions of this chapter at
the office of the State Ethics Commission, the Chairman of the Senate
Ethics Committee or the Chairman of the House of Representatives
Ethics Committee, as may be appropriate. The State Ethics Commission
and the Senate Ethics Committee and House of Representatives Ethics
Committee shall forward a copy of each statement filed with it to the
clerk of court in the county of residence of the member, official or
employee. If members of the General Assembly or public officials and
employees referred to in this section have no economic interest as
defined in item (g) of Section 8-13-20 they shall nevertheless file a
negative report to that effect with the entity with which reports are to be
filed. All disclosure statements shall be matters of public record open
to inspection upon request.
The following public employees or appointed officials shall file a
statement of economic interest regardless of compensation:
(a) Any person appointed to fill the unexpired term of any
elective office;
(b) Salaried members of State boards, commissions or
agencies;
(c) The chief administrative official or employee and the deputy
or assistant administrative official or employee or director of a divisions,
institution or facility of any agency or department of state government;
(d) The city administrator, city manager or chief municipal
administrative official or employee, by whatever title;
(e) The county manager, county administrator, county supervisor,
or chief county administrative official or employee, by whatever title;
(f) The chief administrative official or employee of each political
subdivision including, but not limited to, school districts, libraries,
regional planning councils, airport commissions, hospitals, community
action agencies, water and sewer districts and development
commissions;
(g) All school district and county superintendents of
education;
(h) All school district board members and county board of
education members;
(i) The chief finance official or employee and the chief
purchasing official or employee of each agency, institution, or facility
of state government, and of each county, municipality, or other political
subdivision, including but not limited to those named in item (f).
(f).
(2) No Governor, Lieutenant Governor, or member of the
General Assembly shall be allowed to take the oath of office or enter
upon his duties of employment unless he has filed his personal income
tax returns at the Office of the State Ethics Commission for the last three
years that have been completed and filed with the Internal Revenue
Service and the South Carolina Tax Commission.
SECTION 11. Title 8, Chapter 13 of the 1976 Code is amended by
adding:
"Section 8-13-1025. A public official convicted of a felony under
State or Federal law is not eligible for state employee pension benefits.
However, a person that becomes ineligible may receive the amount paid
into any state retirement plan less any payments made through the date
of the exhaustion of all appeals."
SECTION 12. This act takes effect upon approval by the Governor.
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