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H 3159
Session 125 (2023-2024)


H 3159  General Bill, By Stavrinakis and McCravy
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-17-30,
 RELATING TO A LOBBYIST'S REPORT OF LOBBYING ACTIVITIES, SO AS TO REQUIRE AN
 ADDITIONAL REPORT WHEN A LOBBYIST HAS PERFORMED LOBBYING ACTIVITIES OR HAD
 OTHER WORK-RELATED CONTACT WITH A MEMBER OR EMPLOYEE OF THE PUBLIC SERVICE
 COMMISSION OR THE OFFICE OF REGULATORY STAFF; BY AMENDING SECTION 2-17-35,
 RELATING TO A LOBBYIST'S REPORT OF LOBBYING ACTIVITIES, SO AS TO REQUIRE AN
 ADDITIONAL REPORT WHEN A LOBBYIST ACTING ON BEHALF OF A LOBBYIST'S PRINCIPAL
 HAS PERFORMED LOBBYING ACTIVITIES OR HAD WORK-RELATED CONTACT WITH A MEMBER OR
 EMPLOYEE OF THE PUBLIC SERVICE COMMISSION OR THE OFFICE OF REGULATORY STAFF;
 BY AMENDING SECTION 8-13-700, RELATING TO USE OF OFFICIAL POSITION FOR
 FINANCIAL GAIN, SO AS TO PROHIBIT MEMBERS OR EMPLOYEES OF THE PUBLIC SERVICE
 COMMISSION OR THE OFFICE OF REGULATORY STAFF FROM RECEIVING ANYTHING OF VALUE
 FROM A UTILITY, COMPANY, CORPORATION, ENTITY, JOINT VENTURE, OR PERSON WHOSE
 BUSINESS, ENTERPRISE, OPERATIONS, OR ACTIVITIES ARE REGULATED, WHETHER WHOLLY
 OR IN PART, BY A GOVERNMENTAL REGULATORY AGENCY PURSUANT TO TITLE 58; AND BY
 AMENDING SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND
 EXPENDITURES, SO AS TO PROHIBIT A UTILITY, COMPANY, CORPORATION, ENTITY, JOINT
 VENTURE, OR PERSON, WHOSE BUSINESS, ENTERPRISE, OPERATIONS, OR ACTIVITIES ARE
 REGULATED WHETHER WHOLLY OR IN PART, BY A GOVERNMENTAL REGULATORY AGENCY
 PURSUANT TO TITLE 58 FROM OFFERING, FACILITATING, OR PROVIDING A CAMPAIGN
 CONTRIBUTION TO A MEMBER OF THE GENERAL ASSEMBLY OR A CANDIDATE FOR THE
 GENERAL ASSEMBLY, OR A STATEWIDE CONSTITUTIONAL OFFICER OR A CANDIDATE FOR A
 STATEWIDE CONSTITUTIONAL OFFICE.

12/8/2022 House Prefiled 12/8/2022 House Referred to Committee on Judiciary 1/10/2023 House Introduced and read first time (House Journal-page 80) 1/10/2023 House Referred to Committee on Judiciary (House Journal-page 80) 1/31/2023 Scrivener's error corrected


VERSIONS OF THIS BILL

12/08/2022
01/31/2023



H 3159 General Bill, By Stavrinakis and McCravy

A bill

to amend the South Carolina Code of Laws by amending Section 2-17-30, relating to a lobbyist's report of lobbying activities, so as to require an additional report when a lobbyist has performed lobbying activities or had other work-related contact with a member or employee of the public service commission or the office of regulatory staff; by amending Section 2-17-35, relating to a lobbyist's report of lobbying activities, so as to require an additional report when a lobbyist acting on behalf of a lobbyist's principal has performed lobbying activities or had work-related contact with a member or employee of the public service commission or the office of regulatory staff; by amending Section 8-13-700, relating to use of official position for financial gain, so as to prohibit members or employees of the public service commission or the office of regulatory staff from receiving anything of value from a utility, company, corporation, entity, joint venture, or person whose business, enterprise, operations, or activities are regulated, whether wholly or in part, by a governmental regulatory agency pursuant to title 58; and by amending Section 8-13-1332, relating to Unlawful contributions and expenditures, so as to prohibit a utility, company, corporation, entity, joint venture, or person, whose business, enterprise, operations, or activities are regulated whether wholly or in part, by a governmental regulatory agency pursuant to title 58 from offering, facilitating, or providing a campaign contribution to a member of the general assembly or a candidate for the general assembly, or a statewide constitutional officer or a candidate for a statewide constitutional office.

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

SECTION 1.   Section 2-17-30 of the S.C. Code is amended by adding:

   (C) A lobbyist who is required to file periodic reports with the State Ethics Commission pursuant to this section shall file an additional report with the State Ethics Commission within ten days of performing lobbying activities or having work-related contacts with a member of the Public Service Commission, or with an employee of the Public Service Commission, or the Office of Regulatory Staff. If the lobbying activities or work-related contacts occur less than ten days prior to the next meeting of the Public Service Commission, then the lobbyist's report must be filed prior to the Public Service Commission meeting.

SECTION 2.   Section 2-17-35 of the S.C. Code is amended by adding:

   (E) A lobbyist's principal who is required to file periodic reports with the State Ethics Commission pursuant to this section shall file an additional report with the State Ethics Commission if a lobbyist acting on behalf of the lobbyist's principal has performed lobbying activities or had work-related contacts with a member of the Public Service Commission, or with an employee of the Public Service Commission, or the Office of Regulatory Staff. This additional report must be filed within ten days of the lobbying activity or work-related contact described in this subsection. If the lobbying activities or work-related contacts occur less than ten days prior to the next meeting of the Public Service Commission, then the lobbyist's principal's report must be filed prior to the Public Service Commission meeting.

SECTION 3.   Section 8-13-700 of the S.C. Code is amended by adding:

   (F) A public official, public member, or public employee of the Public Service Commission or the Office of Regulatory Staff may not directly or indirectly, ask, demand, solicit, seek, accept, receive, or agree to receive anything of value from a utility, company, corporation, entity, joint venture, or other "person" as defined in Section 8-13-100(24), whose business, enterprise, operations, or activities are regulated, whether wholly or in part, by a governmental regulatory agency pursuant to Title 58.

SECTION 4.   Section 8-13-1332 of the S.C. Code is amended to read:

   Section 8-13-1332.   It is unlawful for a:

   (1) a committee or ballot measure committee to make a contribution or expenditure by using:

      (a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same;

      (b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or

      (c) monies obtained by the committee or the ballot measure committee in a commercial transaction;

   (2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;

   (3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families, except as provided in Section 8-13-1333; or

   (4) utility, company, corporation, entity, joint venture, or "person", as defined in Section 8-13-1300(25), whose business, enterprise, operations, or activities are regulated, whether wholly or in part, by a governmental regulatory agency pursuant to Title 58 to offer, facilitate, or provide a campaign contribution to a member of the General Assembly or a candidate for the General Assembly, or a statewide constitutional officer or candidate for a statewide constitutional office.

SECTION 5.   This act takes effect upon approval by the Governor.

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