H 4387 Session 109 (1991-1992)
H 4387 General Bill, By R.S. Corning, Harrison, H.H. Keyserling, Kirsh,
C.Y. Waites, Wilkes and S.S. Wofford
A Bill to amend Section 8-13-1342, Code of Laws of South Carolina, 1976,
relating to public officers and employees, campaign practices, restrictions on
contributions by a contractor to a candidate who participated in the awarding
of a contract, and the ban on a public official's or employee's solicitation
of campaign contributions or investments under certain circumstances, so as to
make the provisions of the Section applicable to referrals for the rendering
or providing of professional services, including legal services, delete the
exemption respecting contracts awarded through competitive bidding, and
provide that "contract", for the purposes of this Section, specifically
includes a contract for professional services, including legal services.
02/11/92 House Introduced and read first time HJ-4
02/11/92 House Referred to Committee on Judiciary HJ-5
03/19/92 House Committee report: Favorable with amendment
Judiciary HJ-4
04/01/92 House Amended HJ-30
04/01/92 House Objection by Rep. Scott, Shirley & J. Brown HJ-31
04/01/92 House Read second time HJ-31
04/02/92 House Read third time and sent to Senate HJ-10
04/06/92 Senate Introduced and read first time SJ-11
04/06/92 Senate Referred to Committee on Judiciary SJ-12
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 1, 1992
H. 4387
Introduced by REPS. Corning, Keyserling, Harrison, Kirsh, Wilkes,
Waites and Wofford
S. Printed 4/1/92--H.
Read the first time February 11, 1992.
A BILL
TO AMEND SECTION 8-13-1342, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND
EMPLOYEES, CAMPAIGN PRACTICES, RESTRICTIONS ON
CONTRIBUTIONS BY A CONTRACTOR TO A CANDIDATE WHO
PARTICIPATED IN THE AWARDING OF A CONTRACT, AND
THE BAN ON A PUBLIC OFFICIAL'S OR EMPLOYEE'S
SOLICITATION OF CAMPAIGN CONTRIBUTIONS OR
INVESTMENTS UNDER CERTAIN CIRCUMSTANCES, SO AS TO
MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO
REFERRALS FOR THE RENDERING OR PROVIDING OF
PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES,
DELETE THE EXEMPTION RESPECTING CONTRACTS
AWARDED THROUGH COMPETITIVE BIDDING, AND PROVIDE
THAT "CONTRACT", FOR THE PURPOSES OF THIS
SECTION, SPECIFICALLY INCLUDES A CONTRACT FOR
PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1342 of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"Section 8-13-1342. No person who has been awarded a
contract or received a referral for the rendering or providing of
professional services, including, but not limited to, legal services,
notwithstanding any other provision of law, with the State, a
county, a municipality, or a political subdivision thereof, other than
contracts awarded through competitive bidding practices, where the
public official has no functions regarding the writing or preparing of the
contract specifications or terms, acceptance of bids, or any other action
regarding the preparation, consideration, approval, or award of such
contracts, may directly or indirectly make a contribution
to a public official or a candidate for the respective office after
the awarding of the contract or after receiving the referral described
above or invest in a financial venture in which a
the public official has an interest if that official was in a
position to act on the contract's award or on the referral described
above. No public official or public employee may solicit campaign
contributions or investments in exchange for the prior award of a
contract or a referral, as described above, or the promise of a
contract or a referral, as described above, with the State, a
county, a municipality, or a political subdivision thereof. For the
purposes of this section, `person' means an individual, a partnership, an
association, or corporation, or any other legal entity or organization,
including any individual partner, owner, principal, managing agent,
officer, or director, including, but not limited to, attorneys, physicians,
and accountants, of any partnership, association, corporation, or other
legal entity or organization, as may be applicable."
SECTION 2. This act takes effect upon approval by the Governor.
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