H 3174 General Bill, By Hardwick
 A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A
 GOVERNMENTAL BODY, SO AS TO ALLOW A COUNTY OR MUNICIPAL OFFICIAL TO REPRESENT
 A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY FOR
 WHICH THE PUBLIC OFFICIAL HAS OFFICIAL RESPONSIBILITY IF THE OFFICIAL SUBMITS
 A WRITTEN STATEMENT DESCRIBING THE MATTER REQUIRING ACTION AND THE POTENTIAL
 CONFLICT OF INTEREST WITH RESPECT TO THE ACTION TO THE PRESIDING OFFICER OF
 THE COUNTY OR MUNICIPAL GOVERNING BODY, AGENCY, COMMISSION, OR BOARD, ON WHICH
 THE OFFICIAL SERVES, AND TO REQUIRE THE PRESIDING OFFICER TO HAVE THE
 STATEMENT PRINTED IN THE MINUTES AND EXCUSE THE OFFICIAL FROM ANY VOTES OR
 OTHER ACTIONS ON THE MATTER ON WHICH THE POTENTIAL CONFLICT OF INTEREST
 EXISTS.

   12/20/06  House  Prefiled
   12/20/06  House  Referred to Committee on Judiciary
   01/09/07  House  Introduced and read first time HJ-96
   01/09/07  House  Referred to Committee on Judiciary HJ-97

TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO ALLOW A COUNTY OR MUNICIPAL OFFICIAL TO REPRESENT A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY FOR WHICH THE PUBLIC OFFICIAL HAS OFFICIAL RESPONSIBILITY IF THE OFFICIAL SUBMITS A WRITTEN STATEMENT DESCRIBING THE MATTER REQUIRING ACTION AND THE POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO THE ACTION TO THE PRESIDING OFFICER OF THE COUNTY OR MUNICIPAL GOVERNING BODY, AGENCY, COMMISSION, OR BOARD, ON WHICH THE OFFICIAL SERVES, AND TO REQUIRE THE PRESIDING OFFICER TO HAVE THE STATEMENT PRINTED IN THE MINUTES AND EXCUSE THE OFFICIAL FROM ANY VOTES OR OTHER ACTIONS ON THE MATTER ON WHICH THE POTENTIAL CONFLICT OF INTEREST EXISTS.

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

SECTION    1.    Section 8-13-740(4) and (5) of the 1976 Code, as last amended by Act 6 of 1995, is further 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; or

(c)    when the public official, public member, or public employee submits a written statement, which describes the matter requiring an action or a decision and the nature of his potential conflict of interest with respect to the action or decision, to the presiding officer of the governing body, agency, commission, or board of that county on which the public official, public member, or public employee serves. The presiding officer shall cause the statement to be printed in the minutes and require that the public official, public member, or public employee be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause the excusal and the reasons for it to be noted in the minutes.

(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:

(a)    as required by law; or

(b)    when the public official, public member, or public employee submits a written statement, which describes the matter requiring an action or a decision and the nature of his potential conflict of interest with respect to the action or decision, to the presiding officer of the governing body, agency, commission, or board of that municipality on which the public official, public member, or public employee serves. The presiding officer shall cause the statement to be printed in the minutes and require that the public official, public member, or public employee be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause the excusal and the reasons for it to be noted in the minutes."

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