H 3407 General Bill, By Meacham, B.O. Baker, R.A. Barber, H. Brown, Cato, 
H.H. Clyborne, Cork, J.L.M. Cromer, J.G. Felder, R.C. Fulmer, S.E. Gonzales, 
H.M. Hallman, P.B. Harris, Haskins, J.C. Johnson, H.H. Keyserling, Kirsh, Koon, 
S.G. Manly, Martin, F.E. McBride, W.S. McCain, A.C. McGinnis, M. McLeod, Quinn, 
T.F. Rogers, Scott, C.L. Sturkie, C.Y. Waites, C.C. Wells, Wilkes, S.S. Wofford, 
D.A. Wright, Young-Brickell and R.M. Young
 A Bill to amend Section 8-13-460, Code of Laws of South Carolina, 1976,
 relating to action to be taken by a public official which would affect his
 financial interest, so as to prohibit a legislator from voting on a matter
 which substantially would affect his financial interest and to require that
 the legislator be excused from action on the matter.

   01/31/91  House  Introduced and read first time HJ-463
   01/31/91  House  Referred to Committee on Judiciary HJ-463

A BILL

TO AMEND SECTION 8-13-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTION TO BE TAKEN BY A PUBLIC OFFICIAL WHICH WOULD AFFECT HIS FINANCIAL INTEREST, SO AS TO PROHIBIT A LEGISLATOR FROM VOTING ON A MATTER WHICH SUBSTANTIALLY WOULD AFFECT HIS FINANCIAL INTEREST AND TO REQUIRE THAT THE LEGISLATOR BE EXCUSED FROM ACTION ON THE MATTER.

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

SECTION 1. Section 8-13-460 of the 1976 Code is amended to read:

"Section 8-13-460. Any A public official or public employee who, in the discharge of his official duties, would be required to take action or make a decision which substantially would substantially affect directly his personal financial interest or those of him financially, a member of his household, or a business with which he is associated, shall instead take the following actions:

(a) prepare a written statement describing the matter requiring action or decisions, and the nature of his potential conflict of interest with respect to such action or decision.;

(b) if he is a legislator, he shall deliver a copy of such the statement to the presiding officer of his legislative branch. The presiding officer if requested by the legislator shall cause such the statement to be printed in the journal and, upon request, shall excuse a legislator from votes, deliberations, and other action on the matter on which a potential conflict exists; provided, however, any statement delivered within twenty-four hours after the action or decisions shall be deemed to be in compliance with this section. Notwithstanding, a legislator may not vote, and is excused, on any matter before his legislative body or its committees which substantially would affect him financially, a member of his household, or a business with which he is associated, whether or not he has submitted a copy of his statement to the presiding officer of his legislative branch;

(c) if he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by as the State Ethics Commission. If the public official is a member of the governing body of any an agency, commission, board, or of any a county, municipality, or other political subdivision, he shall furnish a copy to the presiding officer and to the members of that governing body, who shall cause such the statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such the disqualification and the reasons therefor for the disqualification to be noted in the minutes."

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