S 0069 General Bill, By Rankin, Campsen, McConnell, Knotts, Cleary, Fair and 
Elliott

Similar(H 3226)
 A BILL TO AMEND SECTION 8-13-740, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A
 GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC
 OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL
 REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL
 REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR
 DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR,
 NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR OCCUPATION,
 AND TO ELIMINATE THE PROHIBITION AGAINST AN INDIVIDUAL OR BUSINESS WITH WHOM A
 MUNICIPAL OR COUNTY PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS
 ASSOCIATED FROM REPRESENTING A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF
 THE MUNICIPALITY OR COUNTY.

   11/29/06  Senate Prefiled
   11/29/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-55
   01/09/07  Senate Referred to Committee on Judiciary SJ-55
   01/17/07  Senate Referred to Subcommittee: Moore (ch), Ford,
                     Mescher, Rankin, Scott
   02/07/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-31
   02/08/07  Senate Amended SJ-17
   02/08/07  Senate Read second time SJ-17
   02/13/07  Senate Read third time and sent to House SJ-17
   02/14/07  House  Introduced and read first time HJ-5
   02/14/07  House  Referred to Committee on Judiciary HJ-5

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 8, 2007

S. 69

Introduced by Senators Rankin, Campsen, McConnell, Knotts, Cleary, Fair and Elliott

S. Printed 2/8/07--S.

Read the first time January 9, 2007.

TO AMEND SECTION 8-13-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR OCCUPATION, AND TO ELIMINATE THE PROHIBITION AGAINST AN INDIVIDUAL OR BUSINESS WITH WHOM A MUNICIPAL OR COUNTY PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THE MUNICIPALITY OR COUNTY.

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

SECTION    1.    Section 8-13-740(A) of the 1976 Code is amended by adding the following numbered subsections to read:

"(8)    A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.

(9)    Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."

SECTION    2.    Section 8-13-740(A)(4) of the 1976 Code is amended to read:

"(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 an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a)    as required by law; or

(b)    before a court under the unified judicial system."

SECTION    3.    Section 8-13-740(A)(5) of the 1976 Code is amended to read:

"(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 for which the public official, public member, or public employee has official responsibility except as required by law."

SECTION    4.    This act takes effect upon approval by the Governor.