Current Status Introducing Body:Senate Bill Number:197 Primary Sponsor:Martschink Committee Number:05 Type of Legislation:GB Subject:Legislator, potential conflict of interest vote Residing Body:Senate Current Committee:Ethics Computer Document Number:OLDVS/LIBX/2404 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Martschink Wilson Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
197 Senate Jan 08, 1991 Introduced and read first 05
time, referred to Committee
197 Senate Sep 17, 1990 Prefiled, referred to 05
Committee
View additional legislative information at the LPITS web site.
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 REQUIRE THE PRESIDING OFFICER TO EXCUSE A LEGISLATOR FROM VOTES, DELIBERATIONS, AND OTHER ACTION ON A MATTER ON WHICH A POTENTIAL CONFLICT EXISTS, TO REQUIRE THE REASONS FOR THE EXCUSAL TO BE NOTED IN THE JOURNAL, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH A PUBLIC EMPLOYEE IS DISQUALIFIED FROM TAKING ACTIONS AFFECTING HIS FINANCIAL INTERESTS.
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 a member of his household, or a business with which he is associated, instead 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 this 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 have the statement to be printed in the journal, and , upon request, shall excuse a the legislator must be excused 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 and this excusal and the reasons for the excusal must be noted in the journal.
(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 agency, commission, board, or of any 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 have 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 have this disqualification and the reasons therefor to be for the disqualification noted in the minutes."
SECTION 2. This act takes effect upon approval by the Governor.