South Carolina Legislature


 

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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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