H 3193 Session 109 (1991-1992)
H 3193 General Bill, By C.Y. Waites, J.J. Bailey, R.A. Barber, H.H. Clyborne,
J.L.M. Cromer, L.E. Gentry, J.L. Harris, P.B. Harris, M.F. Jaskwhich,
W.P. Keesley, K.G. Kempe, H.H. Keyserling, C.V. Marchbanks, Martin,
J.T. McElveen, D.E. McTeer, Meacham, Neilson, T.F. Rogers, R. Smith, J.J. Snow,
J.B. Wilder and Wilkes
A Bill to enact The Ethics Reform Act of 1991, by amending Sections 8-13-620
and 8-13-630, Code of Laws of South Carolina, 1976, relating to disclosure of
and recordkeeping requirements for campaign contributions, so as to require
additional disclosure in advance of elections, to provide for more detailed
disclosure, and to require all campaign contribution filings to be filed with
the State Ethics Commission; to amend the 1976 Code by adding Sections
8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700 and
8-13-710 so as to prohibit the acceptance or solicitation of cash campaign
contributions in excess of fifty dollars, to allow the acceptance or
solicitation of campaign contributions only from individuals and political
action committees, prohibit the acceptance of campaign contributions for any
one election in excess of one thousand dollars from an individual or five
thousand dollars from a political action committee, to require a campaign to
establish a checking account and require contributions to be deposited into
the account and expenditures to be made by check and provide exceptions, to
require campaign printed matter to bear the sponsor's name and address and
provide exceptions, to prohibit members of or candidates for the General
Assembly from soliciting or accepting campaign contributions during the
legislative session, to prohibit candidates from using their campaign funds to
contribute to another candidate, to prohibit the conversion of campaign funds
or other campaign assets to personal use and to provide for the disposition of
surplus campaign funds; to prohibit the use of government personnel and
facilities in election campaigns, and to provide exceptions; to amend Sections
8-13-10, 8-13-20, 8-13-110, 8-13-120, 8-13-610, 8-13-810, 8-13-830, and
8-13-850, relating to ethics and the State Ethics Commission, so as to devolve
on the State Ethics Commission functions of the Ethics Committees of the House
of Representatives and the Senate, to increase the membership of the State
Ethics Commission from six to twelve, require equal representation on the
Commission of the two political parties having the largest representation in
the General Assembly, to make members ineligible for reappointment, to provide
for two panels of six members each to hear ethics matters, to provide for the
disposition of complaints against candidates filed with the State Ethics
Commission before an election, to provide for an alternate method of
prosecuting complaints with the approval of three-fourths of the members, to
allow an individual to request an investigation of his own conduct, to clarify
the application of reporting requirements to probate judges, to provide for
the disposition of complaints filed against members of the General Assembly by
referring the matter to the Speaker of the House or President of the Senate,
as appropriate, and to repeal Article 5, Chapter 13 of Title 8, relating to
the Senate and House of Representatives Ethics Committees; to amend the 1976
Code by adding Sections 8-13-480, 8-13-485, 8-13-495, 8-13-497, and 8-13-832
so as to prohibit members of the General Assembly from appearing at a public
hearing conducted by a state board, committee, or commission, and to prohibit
members from representing clients before such entities, to prohibit members of
the General Assembly from voting on appropriations and appointments for
agencies from which they or a business associate receives income, to prohibit
state public officials and public employees from accepting things of value
from a registered lobbyist aggregating more than one hundred dollars in value
in a calendar year, and to provide exceptions, to prohibit former members of
the General Assembly from engaging in paid lobbying of legislators within two
years of leaving the General Assembly, to require the disclosure of sources of
income in excess of one hundred dollars, the exact amount of money received
from engaging in games of skill or chance with a registered lobbyist, the
identity of interests in property, the source and amount of income in excess
of one thousand dollars from an entity employing directly or indirectly a
registered lobbyist, and to extend these reporting requirements to household
members, to amend Sections 2-17-20 and 2-17-40, relating to the regulation of
lobbying, so as to devolve the regulation of lobbying on the State Ethics
Commission and to require additional reporting by lobbyists; to amend the 1976
Code by adding Section 2-17-55 and 2-17-57, so as to prohibit registered
lobbyists from giving things of value to a state public official or employee
aggregating more than one hundred dollars value in a calendar year, and to
prohibit registered lobbyists from personally delivering campaign
contributions; to amend the 1976 Code by adding Sections 2-1-190 and 8-13-135,
so as to provide ethics education for new members of the General Assembly and
to provide continuing ethics education programs for public officials and
employees; to amend the 1976 Code by adding Section 2-1-195 so as to prohibit
members of the General Assembly from being reimbursed for subsistence expenses
in excess of expenses incurred; to amend Sections 7-11-15, 7-11-210, and
7-13-40, as amended, relating to elections, so as to provide for a primary
date on the second Tuesday after the first Monday in September and to revise
filing dates; to amend Section 16-9-210, relating to giving or offering bribes
to officers, so as to extend the offense to sexual favors; to amend the 1976
Code by adding Section 8-13-455 so as to prohibit legislators from serving ex
officio on state boards and commissions, and to provide exceptions; and to
amend the 1976 Code by adding Section 8-13-487 so as to prohibit legislators
from accepting honoraria for speeches given in this State or any other place
if the organization operates in this State.
01/09/91 House Introduced and read first time HJ-13
01/09/91 House Referred to Committee on Judiciary HJ-16
A BILL
TO ENACT THE ETHICS REFORM ACT OF 1991, BY AMENDING
SECTIONS 8-13-620 AND 8-13-630, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DISCLOSURE OF AND
RECORDKEEPING REQUIREMENTS FOR CAMPAIGN
CONTRIBUTIONS, SO AS TO REQUIRE ADDITIONAL
DISCLOSURE IN ADVANCE OF ELECTIONS, TO PROVIDE FOR
MORE DETAILED DISCLOSURE, AND TO REQUIRE ALL
CAMPAIGN CONTRIBUTION FILINGS TO BE FILED WITH THE
STATE ETHICS COMMISSION; TO AMEND THE 1976 CODE BY
ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, AND 8-13-710 SO AS TO PROHIBIT THE
ACCEPTANCE OR SOLICITATION OF CASH CAMPAIGN
CONTRIBUTIONS IN EXCESS OF FIFTY DOLLARS, TO ALLOW
THE ACCEPTANCE OR SOLICITATION OF CAMPAIGN
CONTRIBUTIONS ONLY FROM INDIVIDUALS AND POLITICAL
ACTION COMMITTEES, PROHIBIT THE ACCEPTANCE OF
CAMPAIGN CONTRIBUTIONS FOR ANY ONE ELECTION IN
EXCESS OF ONE THOUSAND DOLLARS FROM AN INDIVIDUAL
OR FIVE THOUSAND DOLLARS FROM A POLITICAL ACTION
COMMITTEE, TO REQUIRE A CAMPAIGN TO ESTABLISH A
CHECKING ACCOUNT AND REQUIRE CONTRIBUTIONS TO BE
DEPOSITED INTO THE ACCOUNT AND EXPENDITURES TO BE
MADE BY CHECK AND PROVIDE EXCEPTIONS, TO REQUIRE
CAMPAIGN PRINTED MATTER TO BEAR THE SPONSOR'S
NAME AND ADDRESS AND PROVIDE EXCEPTIONS, TO
PROHIBIT MEMBERS OF OR CANDIDATES FOR THE GENERAL
ASSEMBLY FROM SOLICITING OR ACCEPTING CAMPAIGN
CONTRIBUTIONS DURING THE LEGISLATIVE SESSION, TO
PROHIBIT CANDIDATES FROM USING THEIR CAMPAIGN
FUNDS TO CONTRIBUTE TO ANOTHER CANDIDATE, TO
PROHIBIT THE CONVERSION OF CAMPAIGN FUNDS OR OTHER
CAMPAIGN ASSETS TO PERSONAL USE AND TO PROVIDE FOR
THE DISPOSITION OF SURPLUS CAMPAIGN FUNDS, TO
PROHIBIT THE USE OF GOVERNMENT PERSONNEL AND
FACILITIES IN ELECTION CAMPAIGNS, AND TO PROVIDE
EXCEPTIONS; TO AMEND SECTIONS 8-13-10, 8-13-20, 8-13-110,
8-13-120, 8-13-610, 8-13-810, 8-13-830, AND 8-13-850, RELATING
TO ETHICS AND THE STATE ETHICS COMMISSION, SO AS TO
DEVOLVE ON THE STATE ETHICS COMMISSION FUNCTIONS
OF THE ETHICS COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, TO INCREASE THE
MEMBERSHIP OF THE STATE ETHICS COMMISSION FROM SIX
TO TWELVE, REQUIRE EQUAL REPRESENTATION ON THE
COMMISSION OF THE TWO POLITICAL PARTIES HAVING THE
LARGEST REPRESENTATION IN THE GENERAL ASSEMBLY, TO
MAKE MEMBERS INELIGIBLE FOR REAPPOINTMENT, TO
PROVIDE FOR TWO PANELS OF SIX MEMBERS EACH TO HEAR
ETHICS MATTERS, TO PROVIDE FOR THE DISPOSITION OF
COMPLAINTS AGAINST CANDIDATES FILED WITH THE STATE
ETHICS COMMISSION BEFORE AN ELECTION, TO PROVIDE
FOR AN ALTERNATE METHOD OF PROSECUTING
COMPLAINTS WITH THE APPROVAL OF THREE-FOURTHS OF
THE MEMBERS, TO ALLOW AN INDIVIDUAL TO REQUEST AN
INVESTIGATION OF HIS OWN CONDUCT, TO CLARIFY THE
APPLICATION OF REPORTING REQUIREMENTS TO PROBATE
JUDGES, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS
FILED AGAINST MEMBERS OF THE GENERAL ASSEMBLY BY
REFERRING THE MATTER TO THE SPEAKER OF THE HOUSE
OR PRESIDENT OF THE SENATE, AS APPROPRIATE, AND TO
REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8, RELATING TO
THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS
COMMITTEES; TO AMEND THE 1976 CODE BY ADDING
SECTIONS 8-13-480, 8-13-485, 8-13-495, 8-13-497, AND 8-13-832
SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY
FROM APPEARING AT A PUBLIC HEARING CONDUCTED BY A
STATE BOARD, COMMITTEE, OR COMMISSION, AND TO
PROHIBIT MEMBERS FROM REPRESENTING CLIENTS BEFORE
SUCH ENTITIES, TO PROHIBIT MEMBERS OF THE GENERAL
ASSEMBLY FROM VOTING ON APPROPRIATIONS AND
APPOINTMENTS FOR AGENCIES FROM WHICH THEY OR A
BUSINESS ASSOCIATE RECEIVES INCOME, TO PROHIBIT
STATE PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FROM
ACCEPTING THINGS OF VALUE FROM A REGISTERED
LOBBYIST AGGREGATING MORE THAN ONE HUNDRED
DOLLARS IN VALUE IN A CALENDAR YEAR, AND TO PROVIDE
EXCEPTIONS, TO PROHIBIT FORMER MEMBERS OF THE
GENERAL ASSEMBLY FROM ENGAGING IN PAID LOBBYING
OF LEGISLATORS WITHIN TWO YEARS OF LEAVING THE
GENERAL ASSEMBLY, TO REQUIRE THE DISCLOSURE OF
SOURCES OF INCOME IN EXCESS OF ONE HUNDRED
DOLLARS, THE EXACT AMOUNT OF MONEY RECEIVED FROM
ENGAGING IN GAMES OF SKILL OR CHANCE WITH A
REGISTERED LOBBYIST, THE IDENTITY OF INTERESTS IN
PROPERTY, THE SOURCE AND AMOUNT OF INCOME IN
EXCESS OF ONE THOUSAND DOLLARS FROM AN ENTITY
EMPLOYING DIRECTLY OR INDIRECTLY A REGISTERED
LOBBYIST, AND TO EXTEND THESE REPORTING
REQUIREMENTS TO HOUSEHOLD MEMBERS, TO AMEND
SECTIONS 2-17-20 AND 2-17-40, RELATING TO THE
REGULATION OF LOBBYING, SO AS TO DEVOLVE THE
REGULATION OF LOBBYING ON THE STATE ETHICS
COMMISSION AND TO REQUIRE ADDITIONAL REPORTING BY
LOBBYISTS; TO AMEND THE 1976 CODE BY ADDING SECTION
2-17-55 AND 2-17-57, SO AS TO PROHIBIT REGISTERED
LOBBYISTS FROM GIVING THINGS OF VALUE TO A STATE
PUBLIC OFFICIAL OR EMPLOYEE AGGREGATING MORE THAN
ONE HUNDRED DOLLARS VALUE IN A CALENDAR YEAR, AND
TO PROHIBIT REGISTERED LOBBYISTS FROM PERSONALLY
DELIVERING CAMPAIGN CONTRIBUTIONS; TO AMEND THE
1976 CODE BY ADDING SECTIONS 2-1-190 AND 8-13-135, SO AS
TO PROVIDE ETHICS EDUCATION FOR NEW MEMBERS OF THE
GENERAL ASSEMBLY AND TO PROVIDE CONTINUING ETHICS
EDUCATION PROGRAMS FOR PUBLIC OFFICIALS AND
EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING
SECTION 2-1-195 SO AS TO PROHIBIT MEMBERS OF THE
GENERAL ASSEMBLY FROM BEING REIMBURSED FOR
SUBSISTENCE EXPENSES IN EXCESS OF EXPENSES
INCURRED; TO AMEND SECTIONS 7-11-15, 7-11-210, AND 7-13-40, AS AMENDED, RELATING TO ELECTIONS, SO AS TO
PROVIDE FOR A PRIMARY DATE ON THE SECOND TUESDAY
AFTER THE FIRST MONDAY IN SEPTEMBER AND TO REVISE
FILING DATES; TO AMEND SECTION 16-9-210, RELATING TO
GIVING OR OFFERING BRIBES TO OFFICERS, SO AS TO
EXTEND THE OFFENSE TO SEXUAL FAVORS; TO AMEND THE
1976 CODE BY ADDING SECTION 8-13-455 SO AS TO PROHIBIT
LEGISLATORS FROM SERVING EX OFFICIO ON STATE
BOARDS AND COMMISSIONS, AND TO PROVIDE EXCEPTIONS;
AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-487
SO AS TO PROHIBIT LEGISLATORS FROM ACCEPTING
HONORARIA FOR SPEECHES GIVEN IN THIS STATE OR ANY
OTHER PLACE IF THE ORGANIZATION OPERATES IN THIS
STATE.
Be it enacted by the General Assembly of the State of South Carolina:
PART 1
Citation
SECTION 1. This act may be cited as the Ethics Reform Act of 1991.
PART 2
Campaign Matters
SECTION 1. Section 8-13-620 of the 1976 Code is amended to read:
"Section 8-13-620. Any A candidate for
office or any a committee working on behalf of a
candidate for office, or any a duly organized
group or political party, receiving or soliciting funds for
the to support or oppose of a political
candidate or candidates shall maintain a record of all funds and
contributions received, with the name and amount of each individual
or group contributing more than one hundred dollars and to what
candidate such contribution was made. Duplicate, certified originals of
such list showing the names of all contributors of more than one hundred
dollars shall be filed with the appropriate supervisory office within thirty
days after each election in which such contributions are sought or
received. Any such candidate, or committee, or group or party shall
maintain a current list of all contributors in the amount of more than one
hundred dollars during the two-week period prior to the election, which
shall be open to public inspection upon request. When a final list is filed
with the supervisory office such candidate or group receiving such funds
shall file a certified report stating the amounts expended and for what
purposes, how much is retained and what its ultimate distribution shall
be. and all expenditures. A candidate, committee, political
party, or other group shall file contribution and expenditure reports with
the State Ethics Commission on forms prescribed by the commission
before each election in which a candidate which it supports or opposes
is voted upon, at least thirty days before the election containing
information current as of forty days before the election and ten days
before the election containing information current as of twenty days
before the election. Individual contributions of one thousand dollars or
more received before election day and not already reported must be
reported in a supplemental filing within twenty-four hours of receipt. A
report is not required for a primary runoff election except that
supplemental filings within twenty-four hours of receipt must be made
for contributions not already reported of one thousand dollars or more
received before the day of the runoff election. An updated report must
be filed within thirty days after each election containing information
current as of twenty days after the election. The reports must
disclose:
(1) the name and address of a person contributing more
than one hundred dollars and the amount of a contribution of more than
one hundred dollars;
(2) the name and address of each vendor or other
recipient of campaign funds and the purpose and amount of the
expenditure;
(3) how much is retained and its ultimate
distribution;
(4) in the case of a fundraising activity which results
in cash contributions aggregating one hundred dollars or more, the
nature of this activity, the date of the activity, and the total cash
contributions received.
A candidate who is unopposed in a primary election is not
required to file a post-election report for that primary
election."
SECTION 2. Section 8-13-630 of the 1976 Code is amended to read:
"Section 8-13-630. The filing requirements specified in
Section 8-13-620 shall be deemed to be continuing
continue after an election so as long as the
candidate, whether he was successful or not in the election, continues to
collect funds for the purpose of paying to pay expenses
for such the election; and such the
candidate shall be required to file an amendment to such
the final list report filed with the
supervisory office State Ethics Commission within ten
days after the end of each calendar quarter in which funds were received
or expended. The supervisory office commission shall
forward a copy of each statement or report filed with it to the clerk of
court in the county of residence of the candidate."
SECTION 3. Article 9, Chapter 13, Title 8 of the 1976 Code is amended
by adding:
"Section 8-13-640. No candidate, political party, or
committee, or anyone acting in his or its behalf, may solicit or accept a
cash campaign contribution in excess of fifty dollars. A fundraising
activity which results in cash contributions aggregating one hundred
dollars or more must be reported as provided in Section 8-13-620(4).
Section 8-13-650. A candidate, political party, or committee, or
anyone acting in his or its behalf, may not:
(1) solicit or accept a cash campaign contribution in excess of
fifty dollars;
(2) solicit or accept a campaign contribution from other than an
individual or a political action committee;
(3) solicit or accept a campaign contribution for an election which
exceeds:
(a) one thousand dollars from an individual; or
(b) five thousand dollars from a political action committee.
Section 8-13-660. A candidate or committee which receives or
expends more than one hundred dollars to influence a nomination or
election shall establish an account in a financial institution. All funds
received must be deposited in the account and all expenditures made by
check, except that a nominal petty cash fund may be maintained. No
contributions or funds may be commingled with the personal funds of
the candidate or a member or officer of a committee. Nothing in this
section prohibits the establishment of a second campaign account if the
balance in the account represents transfers from the primary account and
the same taxpayer identification number is used for both accounts.
Section 8-13-670. A candidate, political party, committee, or any
other person or entity who pays for the production, distribution, or
posting of campaign literature or other printed material related to an
election shall cause his or its name and address to appear on the printed
matter. Campaign buttons, balloons, or similar items are exempt from
the identification required by this section.
Section 8-13-680. No member of or candidate for the General
Assembly or anyone acting in behalf of the member or candidate may
solicit or accept campaign contributions from a registered lobbyist while
the General Assembly is in session. For purposes of this section, the
General Assembly session begins on the day provided in the
Constitution of this State and continues through the day of adjournment
sine die.
Section 8-13-690. No candidate may use his campaign funds to
make a political contribution to another candidate, but this section does
not prohibit contributions for purposes of voter registration or voter
turnout activities.
Section 8-13-700. (A) No candidate, committee, or political
party shall:
(1) make an expenditure or transfer of assets solely for the
direct personal benefit of the candidate, members of his household, or
any other person; or
(2) transfer any funds to the candidate, members of his
household, or any other person for their personal use.
The prohibition in item (1) of this subsection does not extend to
incidental personal use of campaign materials or equipment.
(B) At the time a final report is filed, a candidate or committee
deciding to terminate and having surplus funds shall:
(1) deliver the surplus to the State Treasurer for deposit to the
credit of the general fund of the State;
(2) contribute the surplus to a charitable organization;
(3) return the surplus to the contributors on a pro-rata basis;
(4) contribute the surplus to a new campaign committee
formed for the candidate's next campaign; or
(5) transfer the surplus to an officeholder's account to defray
ordinary and necessary expenses incurred with his duties as a public
officeholder.
Section 8-13-710. (A) Except as provided in subsection (B), no
person may use government personnel, equipment, materials, or facilities
in an election campaign. A government, however, may rent or provide
public facilities for political meetings and other campaign-related
purposes if they are available on similar terms to all candidates and
committees. This section does not prohibit government personnel,
where not otherwise prohibited, from participating in election campaigns
on their own time and on nongovernment premises.
(B) When an elected public official has staff or other employees
who in the performance of their official duties are involved in activities
that contain both official and political elements, the official may in
writing designate not more than two employees who may, on a voluntary
basis and where not otherwise prohibited, engage in limited political
activity that is incidental to and does not detract from the performance
of official duties. This permitted activity is limited to recordkeeping,
scheduling, responding to press inquiries or other similar de minimus
actions and may not result in any additional public expense in the
operation of the office."
PART 3
Ethics Agencies Reorganization and Consolidation
SECTION 1. Section 8-13-10 of the 1976 Code is amended to read:
"Section 8-13-10. The General Assembly hereby
finds and declares that elected public office and public
employment is are a public trust and any effort to
realize personal gain through official conduct is a violation of that trust.
It further finds that the people of South Carolina want legislation to
insure that conflicts of interest of public officials and employees be
eliminated to the extent possible and that violations of rules of ethical
conduct be investigated and punished where appropriate. The General
Assembly further finds that based on research of ethics legislation in
other states such this legislation must be drawn in a
manner to prevent the use of such this legislation for
political purposes or to maliciously damage the reputations of elected
public officials and public employees. It further finds that based on
an opinion of the Attorney General dated May 14, 1975, such legislation
must preserve the constitutional right of the General Assembly to judge
the qualifications of its members. To accomplish the purposes
hereinabove enumerated in this section, the General
Assembly has determined to enact the legislation provided for in this
chapter."
SECTION 2. Section 8-13-20(k) of the 1976 Code is amended to read:
"(k) `Supervisory office' means the State Ethics Commission
for all candidates for public office in this State except for those
candidates for the office of State senator or State Representative, and
means the Senate Ethics Committee for candidates for the office of State
Senator and means the House of Representatives Ethics Committee for
candidates for the office of State Representative;".
SECTION 3. Section 8-13-110 of the 1976 Code is amended to
read:
"Section 8-13-110. There is hereby created the State
Ethics Commission to be composed of six
twelve members, one two of whom
shall must be appointed from each congressional
district, by the Governor, upon the advice and consent of the
General Assembly. Appointments must be made so that the
membership of the commission from each congressional district consists
of an equal number of members who identify with the two political
parties having the largest representation in the General Assembly. The
Governor shall indicate the party identification on the appointment. The
chairmanship of the commission must be rotated biennially between the
two political parties with whom commission members must be
identified. No member of the General Assembly or other public
official shall be is eligible to serve on the State Ethics
Commission. The terms of the members shall be are for
four seven years and until their successors are appointed
and qualify except of those first appointed, those members appointed
from the first, third and sixth districts shall be appointed for terms of two
years only. No member of the commission, including those first
appointed, shall serve more than two consecutive four-year terms on the
commission. Members who have completed a full seven-year
term are not eligible for reappointment. Vacancies shall
must be filled in the manner of the original appointment for the
unexpired portion of the term only. The commission shall elect a
chairman, a vice-chairman, and such other officers
as it deems it considers necessary. For purposes of
hearing ethics matters, the commission is divided into two six-member
panels. Four members of the commission panel
shall constitute a quorum for the panel. Members of the
commission shall, while serving on business of the commission,
shall receive such the per diem,
mileage, and subsistence as is provided by law for
members of boards, committees, and commissions."
SECTION 4. (A) The first paragraph of Section 8-13-120(e) of the
1976 Code is amended to read:
"(e) To make investigations with respect to statements filed
with the commission under the provisions of this chapter, and with
respect to alleged failures to file any such the statement
and, upon complaint by any an individual, with respect
to alleged violations of any part of this chapter by any a
public official or public employee except members of the General
Assembly. All such complaints by any an
individual with respect to alleged violations shall must
be investigated by the State Ethics Commission and a determination
made thereon on them. Provided, however, that
However, no complaint shall may be accepted
by the commission concerning a candidate for elective office in the
fifty-day period prior to before any an
election in which he is a candidate. and any Action
on a complaint filed against such the candidate
which was received more than fifty days prior to before
such the election, and which cannot
shall be disposed of by the commission or by dismissal of
such the complaint not less than forty
ten days prior to before the election is
postponed until after the election. The provisions of the above
proviso shall previous sentence do not apply to complaints
received concerning candidates who qualify within fifty days of an
election."
(B) Section 8-13-120(f)(2) of the 1976 Code is amended to read:
"(2) If a hearing is to be held, the respondent shall be
may allowed to examine and make copies of all
evidence in the commission's possession relating to the charges. At the
hearing the charged party shall must be afforded
appropriate due process protection consistent with state administrative
procedures, including the right to be represented by counsel, the right to
call and examine witnesses, the right to introduce exhibits, and
the right to cross-examine opposing witnesses. All hearings
shall must be conducted in executive session. Upon
completion of its investigation and any hearing thereon, the
commission shall, where appropriate, recommend disciplinary or
administrative action or in the case of an alleged criminal violation refer
the matter to the Attorney General for appropriate action. The Attorney
General may seek injunctive relief or may take other appropriate action
as necessary. In the case of a public employee, the commission shall file
a report to the administrative department executive responsible for the
activities of such employee. If the complaint is filed against an
administrative department executive, the commission shall refer the case
to the Governor. If the complaint is filed against a member of the
General Assembly, the commission shall dispose of the matter by
reporting its findings in writing to the Speaker of the House or the
president of the Senate, as appropriate. All actions taken by the
commission on complaints, except on alleged violations which are found
to be groundless by the commission, are a matter of public
record."
(C) Section 8-13-120(f) of the 1976 Code is amended by adding
two appropriately numbered subitems to read:
"( ) In addition to the procedure provided in this section with
respect to the handling of complaints, the commission may, after
determining that the facts alleged in a complaint are sufficient to
constitute a violation, and with the concurrence of at least three-fourths
of the total membership of the commission, refer the complaint to the
Attorney General or his designee. On this referral, the Attorney General
or his designee shall thereafter act as the complainant in all matters
relating to the complaint before the commission.
( ) An individual may in writing request the commission to
investigate his own conduct with respect to the provisions of this
chapter, and this written request substitutes for the complaint otherwise
required to invoke the commission's jurisdiction."
SECTION 5. Section 8-13-610 of the 1976 Code is amended to read:
"Section 8-13-610. (a) At the time a declaration of
candidacy or a petition to appear on the election ballot is filed, each
candidate, including a candidate for probate judge, shall file a
statement of economic interests as defined in Section 8-13-20 with the
party official, election official, or other designated official authorized to
receive a declaration of candidacy or petition. The party official,
election official, or other designated official authorized to receive such
declaration of candidacy or petition shall forward the completed
statement of economic interests for each candidate to the appropriate
supervisory office within five days after the close of the filing period for
such the office. The party official, election official, or
other designated official charged by law for the election shall not permit
the candidate's name to appear on the election ballot if the candidate has
not filed the statement of economic interests in accordance with the
provisions of this section. The party official, election official, or other
designated official shall be is responsible for insuring
that the candidate's name does not appear on the ballot, or if done
inadvertently, such the designated official shall
may not certify the candidate subsequent to the election. The
State Ethics Commission shall furnish to each clerk of court in the State
forms on which the statement of economic interests shall
must be filed.
(b) No person who is a candidate for public office which is filled
by election by the General Assembly or with the advice and consent of
the Senate or the General Assembly shall may be voted
upon by the General Assembly or either house thereof of the
General Assembly until at least ten days following the date on
which such the candidate files a statement of economic
interests as defined in this chapter with the Chairman of the Senate
Ethics Committee and Chairman of the House of Representatives Ethics
Committee, as appropriate State Ethics Commission."
SECTION 6. The first paragraph of Section 8-13-810 of the 1976
Code is amended to read:
"No member of the General Assembly, or elected public official,
regardless of compensation, and no public employee or appointed
official as designated below, regardless of compensation, shall
be is allowed to take the oath of office or enter upon his
duties of employment unless he has filed a statement of economic
interests in accordance with the provisions of this chapter at the office
of the State Ethics Commission, the Chairman of the Senate Ethics
Committee or the Chairman of the House of Representatives
Ethics Committee as may be appropriate. The State Ethics
Commission and the Senate Ethics Committee and House of
Representatives Ethics Committee shall forward a copy of each
statement filed with it to the clerk of court in the county of residence of
the member, official, or employee. If members of the General
Assembly or public officials and employees referred to in this section
have no economic interests as defined in item (g) of Section
8-13-20(g) they shall nevertheless file a negative report to that
effect with the entity with which reports are to be filed. All disclosure
statements shall be are matters of public record open to
inspection upon request."
SECTION 7. Section 8-13-830 of the 1976 Code is amended to read:
"Section 8-13-830. In addition to the statement of economic
interests required pursuant to Section 8-13-810, all persons required to
file such the statements shall further report to
the State Ethics Commission or appropriate legislative
committee the name of any person he knows to be a lobbyist as
defined in Section 2-17-20 of the 1976 Code and knows that
such the lobbyist or the entity he represents has in the
previous calendar year purchased from him, any a
member of his household, or from his business, goods or services in an
amount in excess of two hundred dollars. Gifts from a lobbyist or
the entity he represents in a value of more than one hundred dollars shall
also be reported at the same time."
SECTION 8. Section 8-13-850 of the 1976 Code is amended to read:
"Section 8-13-850. Notwithstanding the exclusion of members
of the judiciary from the definition of public official contained in
Section 8-13-20(e),
any such a member of the judiciary, including a
probate judge, shall annually file a statement of any
economic interest he may have with the Chief Justice of the
Supreme Court."
SECTION 9. Article 5, Chapter 13, Title 8 of the 1976 Code is
repealed.
SECTION 10. Members of the State Ethics Commission serving on the
effective date of this part shall continue to serve until the expiration of
the term to which they were appointed, after which the Governor shall
appoint their successors as provided by law. Of those additional
members initially appointed pursuant to this act, the members from the
first and second congressional districts shall serve for a term of three
years, the members from the third and fourth congressional district shall
serve for terms of five years, and the members from the fifth and sixth
congressional districts shall serve for terms of seven years. In making
the initial appointments of the additional members provided by this part,
the Governor shall insure that equal representation by political party is
attained.
PART 4
Conduct of Public Officials and Employees
SECTION 1. Article 7, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-480. No member of the General Assembly may
appear in person or by written testimony in a public hearing conducted
by a state board, committee, or commission. No member of the General
Assembly may represent a client before a state board, committee, or
commission. This prohibition applies whether or not the member is paid
for the representation. This section does not apply to the representation
of clients in state and federal courts.
Section 8-13-485. (A) No member of the General Assembly may
vote, in committee or on the floor of his respective house, on
appropriations for a state agency, board, committee, commission, or
institution from which the member reports on his statement of economic
interest that he receives fees, compensation, or other benefits.
(B) No member of the General Assembly may vote, in committee,
on the floor of his respective house, or in joint assembly, on an
appointment to the governing body of a state agency, board, committee,
commission, or institution from which the member reports on his
statement of economic interest that he receives fees, compensation, or
other benefits.
(C) The prohibitions on voting in this section also apply if the
member derives income in the form of salary or distributive share from
a business which receives fees, compensation, or other benefits directly
from a state agency, board, committee, commission, or
institution."
SECTION 2. Article 7, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-495. Where no more restrictive prohibition
applies, no public official or public employee of this State may accept
anything of value from a registered lobbyist aggregating more than one
hundred dollars in value in a calendar year. For purposes of this
section, `anything of value' means any item, article, money, or thing of
monetary worth, but does not include:
(1) personal hospitality of an individual; and
(2) information.
Section 8-13-497. No former member of the General Assembly may
engage in paid lobbying of members of the General Assembly within
two years of the date he last served as a legislator."
SECTION 3. Article 11, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-832. (A) In addition to other reporting
requirements, persons other than candidates required to file statements
of economic interest shall report annually no later than April fifteenth on
a statement of economic interest:
(1) the source and exact amount of money received from a game
of skill or chance with a registered lobbyist in the previous calendar
year;
(2) the source of all income in excess of one hundred dollars in
value received in the previous calendar year, not including income
received from this State on account of the reporting individual's public
service and the source and amount of income in excess of one thousand
dollars received from an individual or entity retaining a registered
lobbyist either directly or indirectly;
(3) the identity of any interest in property held any time during
the previous calendar year:
(a) in a trade or business;
(b) for investment; or
(c) for the production of income.
This item (3) does not extend to personal liabilities owed the member by
his spouse, parent, brother, sister, or child and deposits in personal
savings accounts aggregating ten thousand dollars or less. For purposes
of this item, a personal savings account includes a certificate of deposit
or other form of deposit in a financial institution.
(B) The reporting requirements imposed by this section extend to
members of the household of the reporting person during the entire
reporting period.
(C) A candidate who is not otherwise required to make the report
required by this section must provide the information required by this
section at the time he is required to file the statement of economic
interest as provided in Section 8-13-610."
PART 5
Lobbying
SECTION 1. Section 2-17-20 of the 1976 Code is amended to read:
"Section 2-17-20. Every person who employs any
a person to act as counsel or agent to promote or oppose in any
manner the passage by the General Assembly of any legislation affecting
the pecuniary interest of any person as distinct from those of the whole
people of the State or to act in any manner as legislative counsel or agent
in connection with any such legislation shall, within ten
days of such the employment and in all cases before
appearing before committees of the General Assembly, shall
cause such the lobbyist, agent, or counsel to
register with the Secretary of State as later provided herein
State Ethics Commission. Each person so registering
shall pay a fee of ten dollars and present to the Secretary of State
commission a communication reflecting the authority of the
registrant to represent the person, firm, corporation, or
association by whom he is employed. This communication shall
must also show the nature of the group or association to be
represented and the size and composition of its membership. Based on
this registration, each lobbyist or legislative agent shall
must be issued an identification card by the Secretary of
State commission, which card shall must
be shown to the committee chairman before the person can appear
before any legislative committee.
The Secretary of State commission shall furnish to
each chairman of a standing and special committee of the General
Assembly, on a monthly basis, and to the members of the General
Assembly every three months, a list of all lobbyists registered with
his office the commission."
SECTION 2. Section 2-17-40 of the 1976 Code is amended to read:
"Section 2-17-40.Every It shall be the duty of
every legislative agent to shall file annually, within
thirty days after the final adjournment of the General Assembly, a
complete and itemized sworn statement of all contributions and
expenditures made, paid, incurred, or promised in connection
with promoting or opposing in any manner any legislation within the
terms of this chapter. A legislative agent with other duties is required
to report only that income or expense directly related to lobbying. A
report shall must be filed annually whether or not
contributions or expenditures are made. Such The
reports shall must be in such the form
as shall be prescribed by the Secretary of State
commission and shall must be open to public
inspection. No legislative agent may be registered or reregistered under
the provisions of this chapter until compliance is made with this section.
Where a registered lobbyist incurs expenses lobbying a member
other than at events sponsored by the lobbyist to which all members of
the General Assembly have been invited, he must report the name of the
member, the dates and places where the expenses were incurred, the
expenses attributable to the lobbying, and the issues the lobbyist raised
with the member."
SECTION 3. Chapter 17, Title 2 of the 1976 Code is amended by
adding:
"Section 2-17-55. Where no more restrictive prohibitions
apply, a registered lobbyist may not offer anything of value, as defined
in Section 8-13-495, to a public official or public employee of this State,
aggregating more than one hundred dollars in value in a calendar year.
Section 2-17-57. No registered lobbyist may personally deliver a
campaign contribution to a public official of this State."
PART 6
Ethics Education
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by
adding:
"Section 2-1-190. The Speaker of the House and the
President of the Senate, in consultation with the clerks of their respective
houses, shall provide, as a part of the orientation for new members of the
General Assembly, a comprehensive course of instruction in
ethics."
SECTION 2. Article 1, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-135. The commission shall organize regular
continuing ethics education programs for public officials and
employees."
PART 7
Expenses of Members of the General Assembly
SECTION 1. Chapter 1, Title 2 of the 1976 Code is amended by
adding:
"Section 2-1-195. No member of the General Assembly may
apply for or accept reimbursement for subsistence expenses in excess of
the actual expenses incurred."
PART 8
Revised Primary and Filing Dates
SECTION 1. Section 7-11-15(1) of the 1976 Code is amended to read:
"(1) candidates seeking nomination by political party primary
and political party convention for a statewide, congressional, or district
office which includes more than one county, shall file their statement of
candidacy with the State Executive Committee of their respective party
between noon on April July sixteenth and noon on
April July thirtieth and those candidates seeking
nomination by political party primary and political party convention for
the state Senate, House of Representatives, a countywide, or less than
countywide office shall file their statement of candidacy with the county
executive committee with their respective party between noon
March June sixteenth and noon March
June thirtieth;"
SECTION 2. The first two paragraphs of Section 7-11-210 of the 1976
Code are amended to read:
"Every candidate for selection as a nominee of any
a political party for any a state office, United
States Senator, member of Congress or solicitor, to be voted for in any
party primary election, shall file with and place in the possession of the
treasurer of the state committee by twelve o'clock noon on April
July thirtieth a notice or pledge in the following form, the
blanks being properly filled in and the notice or pledge signed by the
candidate: `I hereby file my notice as a candidate for the nomination as
_____________ in the primary election to be held on -
_______________. I affiliate with the ____________ Party, and I
hereby pledge myself to abide by the results of the primary.
and I authorize the issuance of an injunction upon ex parte
application by the party chairman, as provided by law, should I violate
this pledge by offering or campaigning in the ensuing general election
for election to this office or any other office for which a nominee has
been elected in the party primary election, unless the nominee for
any such the office has become deceased
died or is otherwise disqualified for election in the
ensuing General Election.'
Every candidate for selection in a primary election as the nominee of
any a political party for members of the Senate, member
of the House of Representatives and all county and township
offices shall file with and place in the possession of the county chairman
or such other officer as may be named by the county committee
of the county in which they reside by twelve o'clock noon on
March June thirtieth a like similar
notice and pledge."
SECTION 3. Section 7-13-40 of the 1976 Code, as last amended by
Act 363 of 1988, is further amended to read:
"Section 7-13-40. In the event that If a party
shall nominate nominates candidates by party primary
election, a party primary election must be held by the party on the
second Tuesday in June after the first Monday in
September of each general election year and a second and third
primary election each two weeks successively thereafter, if
necessary."
PART 9
Bribery to include sexual favors
SECTION 1. Section 16-9-210 of the 1976 Code is amended to read:
"Section 16-9-210. Whoever A person
who corruptly gives, offers, or promises to any
an executive, legislative, or judicial officer, after his
election or appointment, either before or after he is qualified or has taken
his seat, any gift or gratuity, including any sexual favor
whatever with intent to influence his act, vote, opinion,
decision, or judgment on any matter, question, cause,
or proceeding which may be pending or may by law come or be brought
before him in his official capacity, shall must be
punished by imprisonment in the State Penitentiary at hard labor not
exceeding for not more than five years or by a fine not
exceeding of not more than three thousand dollars,
and imprisonment in jail not exceeding one year or
both."
PART 10
Legislators not to serve ex officio
on State Boards and Commissions
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-455. A member of the General Assembly
may not serve as an ex officio member of a state board or commission.
The provisions of this section do not apply to the State Budget and
Control Board and the Advisory Commission on Intergovernmental
Relations."
PART 11
Honoraria
SECTION 1. Article 7, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-487. No member of the General Assembly may
accept an honorarium for a speech given in this State, or in any other
place if the person or organization paying the honorarium operates in
this State. This section does not extend to the acceptance of expenses
associated with a speaking engagement."
PART 12
Effective Date
SECTION 1. This act takes effect January 1, 1992.
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