Current Status Introducing Body:Senate Bill Number:199 Primary Sponsor:Martschink Committee Number:05 Type of Legislation:GB Subject:Ethics, detailed provisions Residing Body:Senate Current Committee:Ethics Computer Document Number:OLDVS/LIBX/2403 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 Type of Legislation:General Bill
Bill Body Date Action Description CMN
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199 Senate Jan 08, 1991 Introduced and read first 05
time, referred to Committee
199 Senate Sep 17, 1990 Prefiled, referred to 05
Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 8-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF 'ECONOMIC INTEREST' UNDER THE ETHICS LAW, SO AS TO INCLUDE FEES RECEIVED FOR PROVIDING LEGAL ADVICE, COUNSEL, OR REPRESENTATION TO A PERSON WHO DOES BUSINESS WITH THE STATE; TO AMEND SECTION 8-13-470, RELATING TO APPEARANCES OF PUBLIC OFFICIALS OR EMPLOYEES BEFORE CERTAIN COMMISSIONS, SO AS TO REQUIRE ALL PUBLIC OFFICIALS AND EMPLOYEES TO REPORT TO THE STATE ETHICS COMMISSION APPEARANCES BEFORE STATE AGENCIES, BOARDS, AND COMMISSIONS, FOR WHOM THESE APPEARANCES WERE MADE, AND FEES RECEIVED IN CONNECTION THEREWITH; AND TO AMEND SECTION 8-13-820, RELATING TO THE INFORMATION THAT MUST BE REPORTED IN A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT FEES RECEIVED FOR PROVIDING LEGAL ADVICE, COUNSEL, OR REPRESENTATION TO A PERSON WHICH TRANSACTS BUSINESS WITH THE STATE MUST BE REPORTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-20(g) of the 1976 Code is amended to read:
(g) 'Economic interest' means:
(1) any A business transaction by a person directly with the State or any administrative agency or department thereof of the State, or with a county, district municipality, or other political subdivision thereof of the State; and
(2) any fee, compensation, or benefits of any nature received for providing or being associated with an entity which provides legal advice, counsel, or representation to a person which directly transacts business with the State, any administrative agency or department of the State, or with a county, municipality, or other political subdivision of the State."
SECTION 2. Section 8-13-470 of the 1976 Code is amended to read:
"Section 8-13-470. (A) No public official or public employee shall may appear before the South Carolina Public Service Commission, the South Carolina Dairy Commission, or the South Carolina Insurance Commission in rate or price fixing matters.
(B) Any public official or public employee who appears before any agency, department, board, or commission of the State, or before a county, municipality, or other political subdivision of the State, shall file, in addition to any other statement of economic interest required by this chapter, a report with the Office of the State Ethics Commission, and the Chairman of the Senate Ethics Committee or the House of Representatives Ethics Committee as may be appropriate.
The statement must contain:
(1) the names of all persons, entities, or businesses for which the person appeared;
(2) the agency, department, board, or commission of the State or political subdivision before which he appeared; and
(3) the nature, source, and amount of all fees, compensation, and benefits of any nature received for and in connection with the appearance.
Within ninety days of making an appearance which requires a report to be filed under this subsection, the report must be filed and updated no later than April fifteenth of each calendar year.
(C) This prohibition shallThe provisions of subsections (A) and (B) of this section also apply to partners or associates in the law firm of a member of the General Assembly of an entity or business with which the official or employee is associated.
(D) Whenever it is required by law for a member of the General Assembly public official or employee or a partner or an associate of an entity or business with which the official or employee is associated to appear because of his business interest as an owner or officer of such the business or in his official capacity as a member of the General Assembly public official or employee, the provisions of this section shall do not apply."
SECTION 3. Section 8-13-820 of the 1976 Code is amended to read:
"Section 8-13-820. Any statement of economic interests or negative report thereon filed under this chapter act shall must be on forms prescribed by the State Ethics Commission, and the person filing the statement shall report:
(1) By by name, of all offices, directorships and , fiduciary, and business relationships held by such the person or by an entity or business with which he is associated, where an economic interest exists.;
(2) A a brief description of all real estate in which he the person, entity, or business with which he is associated, or a member of his household has any interest, direct or indirect, including options to buy, if such the interest can be reasonably be expected to be a conflict of interest with his public position.;
(3) The the nature, source, and amount of all fees, compensation, and benefits of any nature received by the person, entity, or business with which he is associated if received:
(a) directly from the State or any administrative agency or department thereof of the State; or directly from the a county, district, or any political subdivision he represents or any subdivision thereof of the State.; or
(b) for providing legal advice, counsel, or representation to a person, entity, or business which directly transacts business with the State or any administrative agency or department of the State or with a county, municipality, or any political subdivision of the State."
SECTION 4. This act takes effect upon approval by the Governor.