South Carolina Legislature


 

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H 3960
Session 116 (2005-2006)


H 3960 General Bill, By Loftis, Davenport, Merrill, Altman, Bales, Ceips, 
Delleney, Duncan, Harrell, Jefferson, Leach, Littlejohn, Mahaffey, Owens, Perry, 
E.H. Pitts, Stewart, Vaughn and Witherspoon
 A BILL TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PROHIBITION AGAINST PARTICIPATION IN DECISIONS AFFECTING A
 PERSON'S ECONOMIC INTEREST BY A PERSON WHO IS EMPLOYED BY OR SERVES ON THE
 GOVERNING BODY OF A STATE OR LOCAL GOVERNMENTAL ENTITY, SO AS TO PROVIDE THAT
 AN INDIVIDUAL WHO IS EMPLOYED BY THE STATE MAY NOT SERVE ON THE GOVERNING
 BOARD OF THE AGENCY EMPLOYING HIM OR ON ANY OTHER STATE BOARD OR COMMISSION
 WHICH REGULATES AN INDUSTRY WITH WHICH THE EMPLOYEE IS INVOLVED IN THE
 PERFORMANCE OF HIS OFFICIAL DUTIES.

   04/19/05  House  Introduced and read first time HJ-118
   04/19/05  House  Referred to Committee on Judiciary HJ-118



H. 3960

A BILL

TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PARTICIPATION IN DECISIONS AFFECTING A PERSON'S ECONOMIC INTEREST BY A PERSON WHO IS EMPLOYED BY OR SERVES ON THE GOVERNING BODY OF A STATE OR LOCAL GOVERNMENTAL ENTITY, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO IS EMPLOYED BY THE STATE MAY NOT SERVE ON THE GOVERNING BOARD OF THE AGENCY EMPLOYING HIM OR ON ANY OTHER STATE BOARD OR COMMISSION WHICH REGULATES AN INDUSTRY WITH WHICH THE EMPLOYEE IS INVOLVED IN THE PERFORMANCE OF HIS OFFICIAL DUTIES.

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

SECTION    1.    Section 8-13-735 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-735.    (A)    No person who serves at the same time on:

(1)    the governing body of a state, county, municipal, or political subdivision board or commission,; and

(2)    as an employee of the same board or commission or serves in a position which is subject to the control of that board or commission may make or participate in making a decision which affects his economic interests.

(B)    An individual who is employed by the State may not serve on the governing board of the agency employing him or on any other state board or commission which regulates an industry with which the employee is involved in the performance of his official duties."

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

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