S 416 Session 110 (1993-1994)
S 0416(Rat #0212) General Bill, By McConnell and M.T. Rose
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
8-13-1125 so as to provide, among other things, that certain reporting
requirements under Section 8-13-1120 on contents of statement of economic
interests under Ethics, Government Accountability, and Campaign Reform do not
apply to an event to which a member of the General Assembly is invited by a
lobbyist's principal, regardless of whether or not the member attended the
event, under certain conditions; to amend the 1976 Code by adding Section
8-13-1127 so as to provide that the House and Senate Invitations Committees
shall keep an updated list of accepted invitations, and require the list to be
available for public inspection during regular business hours; to amend
Section 2-17-65, as amended, relating to review of reports, audits of
lobbyists and lobbyists' principals, and notice to the Attorney General of
failure to file required reports, so as to delete the notice provisions
concerning the Attorney General and require the filing of a complaint against
the offending person in accordance with certain provisions of Section
8-13-320; to amend Section 8-13-100, as amended, relating to definitions for
purposes of Ethics, Government Accountability, and Campaign, so as to redefine
"candidate" and "election", and define "state board, commission, or council";
to amend Section 8-13-320, as amended, relating to duties and powers of the
State Ethics Commission, so as to, among other things, provide that any person
charged with a violation of Chapter 13, Title 8, is entitled to the
administrative hearing process contained in Section 8-13-320; to amend the
1976 Code by adding Section 8-13-325 so as to provide that the State Ethics
Commission shall retain fees generated by the registration of lobbyists and
lobbyists' principals to offset the costs associated with the administration
and regulation of lobbyists and lobbyist's principals; to amend Section
8-13-740, as amended, relating to representation of another by a public
official, member, or employee before a governmental entity, so as to reference
an agency, unit, or subunit of a county or municipality, and an entity on the
same level of government, for which the public official, public member, or
public employee has official responsibility; to
02/11/93 Senate Introduced and read first time SJ-7
02/11/93 Senate Referred to Committee on Judiciary SJ-7
03/03/93 Senate Committee report: Favorable with amendment
Judiciary SJ-12
03/04/93 Senate Amended SJ-13
03/04/93 Senate Read second time SJ-13
03/04/93 Senate Ordered to third reading with notice of
amendments SJ-13
03/18/93 Senate Amended SJ-24
03/18/93 Senate Read third time and sent to House SJ-24
03/23/93 House Introduced and read first time HJ-15
03/23/93 House Referred to Committee on Judiciary HJ-15
04/22/93 House Committee report: Favorable with amendment
Judiciary HJ-2
04/29/93 House Debate adjourned until Tuesday, May 4, 1993 HJ-24
05/04/93 House Debate adjourned until Wednesday, May 5, 1993 HJ-23
05/05/93 House Debate adjourned until Tuesday, May 11, 1993 HJ-17
05/11/93 House Debate adjourned until Wednesday, May 12, 1993
05/11/93 House Debate adjourned until Wednesday, May 12, 1993 HJ-14
05/12/93 House Debate adjourned until Thursday, May 13, 1993
05/13/93 House Amended HJ-16
05/13/93 House Debate adjourned until Tuesday, May 18, 1993 HJ-25
05/18/93 House Amended HJ-15
05/18/93 House Read second time HJ-21
05/19/93 House Read third time and returned to Senate with
amendments HJ-31
05/25/93 Senate House amendment amended SJ-13
05/25/93 Senate Carried over SJ-16
05/26/93 Senate Returned to House with amendments SJ-24
06/01/93 House Concurred in Senate amendment and enrolled HJ-124
06/10/93 Ratified R 212
06/16/93 Vetoed by Governor
06/25/93 Senate Veto sustained Yeas-019 SJ-7
(Rxxx, S416)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 8-13-1125 SO AS TO
PROVIDE, AMONG OTHER THINGS, THAT CERTAIN REPORTING
REQUIREMENTS UNDER SECTION 8-13-1120 ON CONTENTS OF
STATEMENT OF ECONOMIC INTERESTS UNDER ETHICS,
GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM DO
NOT APPLY TO AN EVENT TO WHICH A MEMBER OF THE
GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL,
REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED
THE EVENT, UNDER CERTAIN CONDITIONS; TO AMEND THE
1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE
THAT THE HOUSE AND SENATE INVITATIONS COMMITTEES
SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS,
AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC
INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND
SECTION 2-17-65, AS AMENDED, RELATING TO REVIEW OF
REPORTS, AUDITS OF LOBBYISTS AND LOBBYISTS' PRINCIPALS,
AND NOTICE TO THE ATTORNEY GENERAL OF FAILURE TO FILE
REQUIRED REPORTS, SO AS TO DELETE THE NOTICE
PROVISIONS CONCERNING THE ATTORNEY GENERAL AND
REQUIRE THE FILING OF A COMPLAINT AGAINST THE
OFFENDING PERSON IN ACCORDANCE WITH CERTAIN
PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 8-13-100,
AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF
ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN, SO
AS TO REDEFINE "CANDIDATE" AND
"ELECTION", AND DEFINE "STATE BOARD,
COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320,
AS AMENDED, RELATING TO DUTIES AND POWERS OF THE
STATE ETHICS COMMISSION, SO AS TO, AMONG OTHER THINGS,
PROVIDE THAT ANY PERSON CHARGED WITH A VIOLATION OF
CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE
HEARING PROCESS CONTAINED IN SECTION 8-13-320; TO
AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO
PROVIDE THAT THE STATE ETHICS COMMISSION SHALL
RETAIN FEES GENERATED BY THE REGISTRATION OF
LOBBYISTS AND LOBBYISTS'S PRINCIPALS TO OFFSET COSTS
ASSOCIATED WITH THE ADMINISTRATION AND REGULATION
OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND
SECTION 8-13-740, AS AMENDED, RELATING TO
REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL,
MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY,
SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF A
COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME
LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL,
PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL
RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED,
RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A
PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE WITH AN OFFICIAL
FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO
HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO
PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD
OF CONTRACTS AWARDED THROUGH A PROCESS OF PUBLIC
NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL,
PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED
AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO
AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO
PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC
INTERESTS, SO AS TO DELETE REFERENCE TO
"CONSULTANT"; TO AMEND SECTION 8-13-1120, AS
AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT
OF ECONOMIC INTERESTS, SO AS TO, AMONG OTHER THINGS,
DELETE CERTAIN PROVISIONS, REFERENCE PERSONAL
PROPERTY, AND INCLUDE PROVISIONS WHEREIN A CREDITOR
IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR
HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH
THE FILER'S AGENCY OR DEPARTMENT; TO AMEND SECTION
8-13-1150, AS AMENDED, RELATING TO THE FILING OF A
STATEMENT OF ECONOMIC INTERESTS BY CERTAIN
CONSULTANTS, SO AS TO DELETE REFERENCE TO
"STATEMENT OF ECONOMIC INTERESTS"; TO AMEND
SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING
OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO
THE STATE ETHICS COMMISSION AND THE FILING PERSON'S
COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE
FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER
THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION
8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER
"CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT
"CANDIDATE" ALSO MEANS A PERSON ON WHOSE
BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS
KNOWLEDGE OF SUCH SOLICITATION, AND PROVIDE THAT
"ELECTION" ALSO MEANS AN ELECTION AT WHICH A
BALLOT MEASURE OR REFERENDUM APPEARS ON THE
BALLOT; TO AMEND SECTION 8-13-1310, AS AMENDED,
RELATING TO RECIPIENTS OF CERTIFIED CAMPAIGN REPORTS
AND COPIES THEREOF AND STATE ETHICS COMMISSION
REVIEW, SO AS TO PROVIDE FOR THE FORWARDING OF A COPY
OF ALL CAMPAIGN REPORTS RECEIVED BY THE STATE ETHICS
COMMISSION TO THE STATE ELECTION COMMISSION AND
CLERK OF COURT IN THE COUNTY OF RESIDENCE OF THE
PERSON REQUIRED TO FILE WITHIN FIVE, RATHER THAN TWO,
DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED,
RELATING TO THE PROHIBITION ON THE USE OF PUBLIC
FUNDS, PROPERTY, OR TIME TO INFLUENCE AN ELECTION AND
EXCEPTIONS, SO AS TO PROVIDE THAT THIS SECTION DOES
NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A
PUBLIC AGENCY TO PREPARE INFORMATIONAL MATERIALS,
CONDUCT PUBLIC MEETINGS, OR RESPOND TO NEWS MEDIA OR
CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE
AFFECTING THAT PUBLIC AGENCY; TO AMEND SECTION
8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A
PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED
COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE
SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON,
RATHER THAN "A PERSON", AND APPLY THE SECTION
TO MAKING AN EXPENDITURE, RATHER THAN AN
"INDEPENDENT EXPENDITURE"; TO AMEND SECTION
8-13-1356, AS AMENDED, RELATING TO THE FILING OF A
STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR
PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE AND
PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE
FILES A DECLARATION OF CANDIDACY OR PETITION FOR
NOMINATION, NO LATER THAN FIVE BUSINESS DAYS AFTER
CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE
STATEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION
8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE
CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE
SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN
RICHLAND COUNTY; TO REPEAL SECTION 2-17-70, RELATING TO
THE LAWS ON LOBBYISTS AND LOBBYING AND
INVESTIGATION BY THE ATTORNEY GENERAL OF ALLEGED
FAILURE TO FILE ANY STATEMENT OR REPORT REQUIRED BY
CHAPTER 17, TITLE 2; TO AMEND SECTION 8-13-1160, AS
AMENDED, RELATING TO FORWARDING OF COPIES OF
STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS
COMMISSION AND FILING IN THE PERSON'S COUNTY OF
RESIDENCE, SO AS TO CHANGE THE TIME WHEN THE SENATE
ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES
ETHICS COMMITTEE MUST FORWARD A COPY OF EACH
STATEMENT FILED WITH IT TO THE STATE ETHICS
COMMISSION FROM "WITHIN TWO BUSINESS DAYS OF
RECEIPT" TO "WITHIN FIVE BUSINESS DAYS OF
RECEIPT"; TO AMEND SECTION 8-13-1308, AS AMENDED,
RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS
BY CANDIDATES AND COMMITTEES, SO AS TO, AMONG OTHER
THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND
PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL
CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED
CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS
FOLLOWING THE END OF EACH CALENDAR QUARTER IN
WHICH CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES
ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL
THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT
PURSUANT TO SECTION 8-13-1370; TO AMEND SECTION
8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF
CERTIFIED CAMPAIGN REPORTS AND COPIES THEREOF AND
STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT
THE SENATE ETHICS COMMITTEE AND THE HOUSE OF
REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A
COPY OF EACH STATEMENT FILED WITH IT TO THE STATE
ETHICS COMMISSION WITHIN FIVE, RATHER THAN TWO,
BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-320, AS
AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE
ETHICS COMMISSION, SO AS TO ALLOW THE COMMISSION TO
ISSUE SUBPOENAS FOR THE PROCUREMENT OF WITNESSES
AND MATERIALS, INCLUDING BOOKS, PAPERS, RECORDS,
DOCUMENTS, OR OTHER TANGIBLE OBJECTS RELEVANT TO
THE AGENCY'S INVESTIGATION BY APPROVAL OF THE
CHAIRMAN, RATHER THAN BY AFFIRMATIVE VOTE OF A
MAJORITY OF THE MEMBERS OF THE COMMISSION; TO AMEND
SECTION 2-17-90, AS AMENDED, RELATING TO ACTS
PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF
PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND
DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A
PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT
LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS,
BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY
A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED TO THE PUBLIC
OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT
THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS
AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S
PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING,
TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS,
BEVERAGES, OR INVITATION PURELY INCIDENTAL TO THE
SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S
PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS
RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR
EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO
AMEND SECTION 2-17-10, AS AMENDED, RELATING TO
DEFINITIONS UNDER THE LAW ON LOBBYISTS AND LOBBYING,
SO AS TO PROVIDE A DEFINITION FOR THE TERM
"OFFICIAL CAPACITY"; TO AMEND SECTION 2-17-100,
AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC
OFFICIALS AND EMPLOYEES RECEIVING COMPENSATION FOR
SPEAKING BEFORE AUDIENCES AND EXCEPTION AND RULES
FOR PAYMENT OF EXPENSES, SO AS TO DELETE CERTAIN
PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A
PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE
ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE
ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR
SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A
PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS
NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL
PROVIDED IN CONJUNCTION WITH A SPEAKING ENGAGEMENT
WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL
AND THE MEAL IS OF NOMINAL VALUE AND INCIDENTAL TO
THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-100, AS
AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE
LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND
CAMPAIGN REFORM, SO AS TO PROVIDE A DEFINITION OF
"OFFICIAL CAPACITY"; TO AMEND SECTION 8-13-715,
AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF
PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE
REIMBURSEMENT, AND AUTHORIZATION FOR
REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO
DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE,
AMONG OTHER THINGS, THAT A PUBLIC OFFICIAL OR PUBLIC
MEMBER IS NOT PROHIBITED BY THIS SECTION FROM
ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH A
SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE
ENTITLED TO THE SAME MEAL AND THE MEAL IS OF NOMINAL
VALUE AND INCIDENTAL TO THE SPEAKING ENGAGEMENT,
AND THAT ANY PUBLIC OFFICIAL OR PUBLIC MEMBER SHALL
DISCLOSE ON HIS STATEMENT OF ECONOMIC INTERESTS THE
ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL
EXPENSES, THE AMOUNT OF SUCH PAYMENT OR
REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION
OF THE SPEAKING ENGAGEMENT; TO AMEND THE 1976 CODE
BY ADDING SECTION 8-13-717 SO AS TO PROVIDE, AMONG
OTHER THINGS, THAT ANY PUBLIC EMPLOYEE WHO ACCEPTS
HONORARIA, COMPENSATION, OR REIMBURSEMENT OF
ACTUAL EXPENSES FOR SPEAKING TO A PUBLIC OR PRIVATE
GROUP SHALL DISCLOSE ON HIS STATEMENT OF ECONOMIC
INTERESTS THE ORGANIZATION WHICH PROVIDED THE
HONORARIA, COMPENSATION, OR REIMBURSEMENT, THE
AMOUNT OF SUCH PAYMENT OR REIMBURSEMENT, AND THE
PURPOSE, DATE, AND LOCATION OF THE SPEAKING
ENGAGEMENT; AND TO PROVIDE THAT ANY CHANGES IN
REPORTING REQUIREMENTS FOR STATEMENTS OF ECONOMIC
INTERESTS MADE BY THIS ACT SHALL APPLY ONLY TO
TRANSACTIONS OCCURRING ON OR AFTER JANUARY 1,
1994.
Be it enacted by the General Assembly of the State of South Carolina:
Reporting requirements inapplicable
SECTION 1. Article 11, Chapter 13, Title 8 of the 1976 Code is amended
by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and
8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not
apply to an event to which a member of the General Assembly is invited by
a lobbyist's principal, regardless of whether or not the member attended the
event, if the invitation:
(1) was extended to the member of the General Assembly by virtue of
his membership in an authorized group pursuant to Section 2-17-90(A)(1); (2) was in writing; and
(3) was delivered to the chairman of an authorized group other than the
entire membership of the House, Senate, or General Assembly prior to the
actual event for which the invitation was extended, or if the invitation was
extended to the entire membership of the House, Senate, or General
Assembly, the invitation was delivered to the House or Senate Invitations
Committee pursuant to House or Senate rules."
List of accepted invitations
SECTION 2. The 1976 Code is amended by adding:
"Section 8-13-1127. The House and Senate Invitations
Committees shall keep an updated list of invitations accepted by the body.
The list must be available for public inspection during regular business
hours."
Notice to Attorney General deleted, etc.
SECTION 3. Section 2-17-65(C) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(C) If, after notification by the Secretary of State that a required
statement has not been filed, the person fails to file the necessary notices
and reports, the Secretary of State, upon a finding of probable cause, shall
file a complaint against the person in accordance with the provisions of
Section 8-13-320(9) and (10)."
"Candidate" and "election"
SECTION 4. Section 8-13-100(5) and (12), of the 1976 Code, as last
amended by Act 248 of 1991, is further amended to read:
"(5) `Candidate' means a person who seeks appointment,
nomination for election, or election to a state or local office, or authorizes
or knowingly permits the collection or disbursement of money for the
promotion of his candidacy or election. It also means a person on whose
behalf write-in votes are solicited if the person has knowledge of such
solicitation. `Candidate' does not include a person within the meaning of
Section 431(b) of the Federal Election Campaign Act of 1976."
"(12) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a
candidate;
(c) the election of delegates to a constitutional convention for
proposing amendments to the Constitution of the United States or the
Constitution of this State; or
(d) an election at which a ballot measure or referendum appears on
the ballot."
"State board, commission, or council" defined
SECTION 5. Section 8-13-100, of the 1976 Code, as last amended by Act
248 of 1991, is further amended by adding:
"(30) `State board, commission, or council' means an agency
created by legislation which has statewide jurisdiction and which exercises
some of the sovereign power of the State."
Administrative hearing process, etc.
SECTION 6. The first seven lines of Section 8-13-320(9) of the 1976
Code, as last amended by Act 248 of 1991, are further amended to read:
"(9) to initiate or receive complaints and make investigations, as
provided in item (10), of statements filed or allegedly failed to be filed
under the provisions of this chapter and Article 17, Chapter 2 and, upon
complaint by an individual, of an alleged violation of this chapter by a
public official, public member, or public employee except members of or
candidates for the General Assembly unless otherwise provided for under
House or Senate rules. Any person charged with a violation of this chapter
is entitled to the administrative hearing process contained in this
section."
Ethics Commission, retention of fees
SECTION 7. The 1976 Code is amended by adding:
"Section 8-13-325. The State Ethics Commission shall retain fees
generated by the registration of lobbyists and lobbyist's principals to offset
costs associated with the administration and regulation of lobbyists and
lobbyist's principals."
Agency, etc., of county, municipality redefined
SECTION 8. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last
amended by Act 248 of 1991, are 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.
(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."
"Entity on same level of government" redefined
SECTION 9. Section 8-13-740(A)(6) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(6) A public employee, other than those specified in items (4)
and (5) of this subsection, receiving compensation other than
reimbursement or per diem payments for his official duties, an individual
with whom he is associated, or a business with which he is associated may
not knowingly represent a person before an entity on the same level of
government for which the public official, public member, or public
employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a
contested case for a rate or price fixing matter before the South Carolina
Public Service Commission or South Carolina Insurance Commission, or in
an agency's consideration of the drafting and promulgation of regulations
under Chapter 23 of Title 1 in a public hearing." Award of certain
contracts not prohibited
SECTION 10. Section 8-13-775 of the 1976 Code, as last amended by Act
248 of 1991, is further amended to read:
"Section 8-13-775. A public official, public member, or public
employee may not have an economic interest in a contract with the State or
its political subdivisions if the public official, public member, or public
employee is authorized to perform an official function relating to the
contract. Official function means writing or preparing the contract
specifications, acceptance of bids, award of the contract, or other action on
the preparation or award of the contract. This section is not intended to
infringe on or prohibit public employment contracts with this State or a
political subdivision of this State nor does it prohibit the award of contracts
awarded through a process of public notice and competitive bids if the
public official, public member, or public employee has not performed an
official function regarding the contract."
Reference to "consultant" deleted
SECTION 11. Section 8-13-1110(B)(12) of the 1976 Code, as last
amended by Act 248 of 1991, is deleted.
Personal property; provisions deleted, added
SECTION 12. Section 8-13-1120(A)(4), as last amended by Act 248 of
1991, is deleted, and Section 8-13-1120(A)(3)(b), and the first five lines of
(6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further
amended to read:
"(b) if a sale, lease, or rental of personal or real property is to a
state, county, or municipal instrumentality of government, a copy of the
contract, lease, or rental agreement must be attached to the statement of
economic interests;
(6)(a) a listing by name and address of each creditor to whom the filer
or member of the filer's immediate family owed a debt in excess of five
hundred dollars at any time during the reporting period, if the creditor is
subject to regulation by the filer or is seeking or has sought a business or
financial arrangement with the filer's agency or department other than for a
credit card or retail installment contract, and the original amount of the debt
and amount outstanding unless:"
Reference to "statement of economic interests"
deleted
SECTION 13. Section 8-13-1150 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"Section 8-13-1150. A consultant must file a statement for the
previous calendar year with the appropriate supervisory office no later than
twenty-one days after entering into a contractual relationship with the State
or a political subdivision of the State and must file an update within ten
days from the date the consultant knows or should have known that new
economic interests in an entity have arisen in which the consultant or a
member of the consultant's immediate family has economic interests:
(1) where the entity's bid was evaluated by the consultant and who was
subsequently awarded the contract by the State, county, municipality, or a
political subdivision of any of these entities that contracted with the
consultant; or
(2) where the entity was awarded a contract by the
consultant."
Time period extended
SECTION 14. Section 8-13-1160(B) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(B) Within five business days of receipt, a copy of all statements
of economic interests received by the State Ethics Commission must be
forwarded to the clerk of court in the county of residence of the filing
official or employee."
"Candidate" and write-in votes
SECTION 15. Section 8-13-1300(4) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(4) `Candidate' means a person who seeks appointment,
nomination for election, or election to a statewide or local office, or
authorizes or knowingly permits the collection or disbursement of money
for the promotion of his candidacy or election. It also means a person on
whose behalf write-in votes are solicited if the person has knowledge of
such solicitation. `Candidate' does not include a candidate within the
meaning of Section 431(b) of the Federal Election Campaign Act of
1976."
"Election" and ballot measure or referendum
SECTION 16. Section 8-13-1300(9) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(9) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a
candidate;
(c) the election of delegates to a constitutional convention for
proposing amendments to the Constitution of the United States or the
Constitution of this State; or
(d) an election at which a ballot measure or referendum appears on
the ballot."
Time extended
SECTION 17. Section 8-13-1310(C) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(C) Within five days of receipt, a copy of all campaign reports
received by the State Ethics Commission must be forwarded to the State
Election Commission and the clerk of court in the county of residence of
the person required to file."
Expenditure of certain public resources allowed
SECTION 18. Section 8-13-1346 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"Section 8-13-1346. A person may not use or authorize the use of
public funds, property, or time to influence the outcome of an election. This
section does not prohibit the incidental use of time and materials for
preparation of a newsletter reporting activities of the body of which a
public official is a member. This section does not prohibit the expenditure
of public resources by a public agency to prepare informational materials,
conduct public meetings, or respond to news media or citizens' inquiries
concerning a ballot measure affecting that public agency."
Application of section expanded
SECTION 19. Section 8-13-1354 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read: "Section 8-13-1354. A candidate, committee, or other person
which makes an expenditure in the distribution, posting, or broadcasting of
a communication to voters supporting or opposing a public official, a
candidate, or a ballot measure must place his name and address on the
printed matter or have his name spoken clearly on a broadcast so as to
identify accurately the person and his address. Campaign buttons,
balloons, yard signs, or similar items are exempt from this
requirement."
Time for filing statement changed
SECTION 20. Section 8-13-1356(C) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(C) The official with whom the candidate files a declaration of
candidacy or petition for nomination , no later than five business days after
candidacy books close , must file a copy of the statement with the
appropriate supervisory office."
Place where failure to file occurs
SECTION 21. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with
the appropriate supervisory office, as required under the provisions of this
chapter, is deemed to have occurred in Richland County."
Provisions repealed
SECTION 22. Section 2-17-70 of the 1976 Code is repealed.
Time for filing changed
SECTION 23. Section 8-13-1160 (A) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(A) The Senate Ethics Committee and the House of
Representatives Ethics Committee must forward a copy of each statement
filed with it to the State Ethics Commission within five business days of
receipt."
Filing of additional certified campaign reports, etc.
SECTION 24. Section 8-13-1308 of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of
campaign contributions totaling, in an accumulated aggregate, five hundred
dollars or more, a candidate or committee required to file a statement of
organization pursuant to Section 8-13-1304 must file an initial certified
campaign report within ten days of these initial receipts or expenditures.
However, a candidate or a committee that does not receive or expend
campaign contributions totaling, in an accumulated aggregate, five hundred
dollars or more must file an initial certified campaign report fifteen days
before an election.
(B)Following the filing of an initial certified campaign report, additional
certified campaign reports must be filed within ten days following the end
of each calendar quarter in which contributions are received or
expenditures are made, whether before or after an election until the
campaign account undergoes final disbursement pursuant to the provisions
of Section 8-13-1370.
(C)Campaign reports filed by a candidate must be certified by the
candidate. Campaign reports filed by a committee must be certified by a
duly authorized officer of the committee.
(D) (1) The candidate or committee must maintain a current list during
the period before the election commencing at the beginning of the calendar
quarter of the election of all contributions of more than one hundred
dollars. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing
expenditures if it makes an independent expenditure or an incurred
expenditure within the calendar quarter in which the election is conducted
or twenty days before the election, whichever is greater, in excess of:
(a) ten thousand dollars in the case of a candidate for statewide
office; or
(b) two thousand dollars in the case of a candidate for any other
office.
(3) In the event of a runoff election, candidates or committees are not
required to file another campaign report in addition to the reports already
required under this section. However, records must remain open to public
inspection upon request between the election and the runoff.
(E) Certified campaign reports detailing campaign contributions and
expenditures must contain:
(1) the total of contributions accepted by the candidate or
committee;
(2) the name and address of each person making a contribution of
more than one hundred dollars and the date of receipt of each
contribution;
(3) the total expenditures made by or on behalf of the candidate or
committee;
(4) the name and address of each person to whom an expenditure is
made from campaign funds, including the date, amount, purpose, and
beneficiary of the expenditure."
Time for filing changed
SECTION 25. Section 8-13-1310 (B) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(B) The Senate Ethics Committee and the House of
Representatives Ethics Committee must forward a copy of each statement
filed with it to the State Ethics Commission within five business days of
receipt."
Method for issuing subpoenas changed
SECTION 26. Section 8-13-320(10)(f) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(f) The commission may order testimony to be taken in any
investigation or hearing by deposition before a person who is designated by
the commission and has the power to administer oaths and, in these
instances, to compel testimony. The commission may administer oaths and
affirmation for the testimony of witnesses and issue subpoenas by approval
of the chairman, subject to judicial enforcement, and issue subpoenas for
the procurement of witnesses and materials including books, papers,
records, documents, or other tangible objects relevant to the agency's
investigation by approval of the chairman, subject to judicial enforcement.
A person to whom a subpoena has been issued may move before a
commission panel or the commission for an order quashing a subpoena
issued under this section."
Acceptance of certain lodging, food, etc., allowed
SECTION 27. Section 2-17-90 of the 1976 Code, as last amended by Act
248 of 1991, is further amended by adding:
"(G) Notwithstanding any other provisions of this section, a
public official or public employee may accept lodging, transportation,
entertainment, food, meals, beverages, or an invitation to a function paid
for by a lobbyist's principal if it is provided to the public official or public
employee solely on the basis that the spouse of the public official or public
employee is an official or employee of the providing lobbyist's principal
and the spouse is receiving the lodging, transportation, entertainment, food,
meals, beverages, or invitation purely incidental to the spouse's office or
employment with the lobbyist's principal and the public official or public
employee is receiving it only as the spouse of an official or employee of the
providing lobbyist's principal."
Reference provided to new subsection
SECTION 28. Section 2-17-90(C) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(C) Except as otherwise provided by subsection (E), any public
official or any public employee who is required to file a statement of
economic interests under Section 8-13-1110 and who accepts lodging,
transportation, entertainment, food, meals, or beverages under subsection
(A) or (G) must report on his statement of economic interests pursuant to
Section 8-13-1120 the value of anything received."
Definition added
SECTION 29. Section 2-17-10 of the 1976 Code, as last amended by Act
248 of 1991, is further amended by adding an appropriately numbered item
to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official or public
employee;
(b) involve matters which fall within the official responsibility of the
agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the
public official or public employee would be subject to expense
reimbursement by the agency with which the public official or public
employee is associated."
Receipt of valuable item for speaking; meals; etc.
SECTION 30. Section 2-17-100 of the 1976 Code, as last amended by Act
248 of 1991, is further amended to read:
"Section 2-17-100. A public official, public member, or a public
employee acting in an official capacity may not receive anything of value
from a lobbyist's principal for speaking before a public or private group. A
public official, public member, or public employee is not prohibited by this
section from accepting a meal provided in conjunction with a speaking
engagement where all participants are entitled to the same meal and the
meal is of nominal value and incidental to the speaking engagement.
Notwithstanding the limitations of Section 2-17-90, a public official, public
member, or public employee may receive payment or reimbursement for
actual expenses incurred for a speaking engagement. The expenses must be
reasonable and must be incurred in a reasonable time and manner in which
to accomplish the purpose of the engagement. The payment or
reimbursement must be disclosed by the lobbyist's principal as required by
Section 2-17-35 and by any public official, public member, or public
employee who is required to file a statement of economic interests under
Section 8-13-1100. Any public official, public member, or public
employee shall disclose on his statement of economic interests the
organization which paid for or reimbursed actual expenses, the amount of
such payment or reimbursement, and the purpose, date, and location of the
speaking engagement. Any public official, public member, or public
employee who does not file a statement of economic interests but who is
paid or reimbursed actual expenses for a speaking engagement shall report
this same information in writing to the chief administrative official or
employee of the agency with which he or she is associated."
"Official capacity" defined
SECTION 31. Section 8-13-100 of the 1976 Code, as last amended by Act
248 of 1991, is further amended by adding an appropriately numbered item
to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official, public
member, or public employee;
(b) involve matters which fall within the official responsibility of the
agency, the public official, the public member, or the public employee;
and
(c) are services the agency would normally provide and for which the
public official, public member, or public employee would be subject to
expense reimbursement by the agency with which the public official, public
member, or public employee is associated."
Accepting a meal allowed; disclosure; etc.
SECTION 32. Section 8-13-715 of the 1976 Code, as last amended by Act
248 of 1991, is further amended to read:
"Section 8-13-715. A public official, or public member acting in
an official capacity may not receive anything of value for speaking before a
public or private group. A public official or public member is not
prohibited by this section from accepting a meal provided in conjunction
with a speaking engagement where all participants are entitled to the same
meal and the meal is of nominal value and incidental to the speaking
engagement. Notwithstanding the limitations of Section 2-17-90, a public
official or public member may receive payment or reimbursement for actual
expenses incurred for a speaking engagement. The expenses must be
reasonable and must be incurred in a reasonable time and manner in which
to accomplish the purpose of the engagement. Any public official or public
member shall disclose on his statement of economic interests the
organization which paid for or reimbursed actual expenses, the amount of
such payment or reimbursement, and the purpose, date, and location of the
speaking engagement."
Provisions added on disclosure of honoraria, etc.
SECTION 33. The 1976 Code is amended by adding:
"Section 8-13-717. Notwithstanding any other provision of law,
any public employee who accepts honoraria, compensation, or
reimbursement of actual expenses for speaking to a public or private group
shall disclose on his statement of economic interests the organization which
provided the honoraria, compensation, or reimbursement, the amount of
such payment or reimbursement, and the purpose, date, and location of the
speaking engagement. Any public employee who does not file a statement
of economic interests but who accepts honoraria, compensation, or
reimbursement for speaking to a public or private group shall report this
same information in writing to the chief administrative official or employee
of the agency with which he or she is associated."
Time effective
SECTION 34. This act takes effect upon approval by the Governor,
except any changes in reporting requirements for statements of economic
interests pursuant to the provisions of this act shall apply only to
transactions occurring on or after January 1, 1994.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1993.
_______________________________________
Governor
Printer's Date -- June 8, 1993 -- S.
---XX--- |