Current Status Introducing Body:Senate Bill Number:634 Primary Sponsor:Courson Committee Number:11 Type of Legislation:GB Subject:Ethics, provisions Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3413 Computer Document Number:BR1/1182.AC Introduced Date:Feb 12, 1991 Last History Body:Senate Last History Date:Feb 12, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Courson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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634 Senate Feb 12, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED BY THE GENERAL ASSEMBLY OR APPOINTED BY EXECUTIVE AUTHORITY TO A CIVIL OFFICE WITHIN TWO YEARS OF SERVING IN THE GENERAL ASSEMBLY; AND TO AMEND CHAPTER 17 OF TITLE 2, RELATING TO LOBBYISTS AND LOBBYING, AND CHAPTER 13 OF TITLE 8, RELATING TO CAMPAIGN PRACTICES AND DISCLOSURES, ETHICS, AND CONDUCT, SO AS TO ENACT THE ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds:
(1) The trust of the public is essential for government to function effectively. Public policy developed by elected officials affects every citizen of the State, and it must be based on honest and fair deliberations and decisions. This process must be free from all threats, favoritism, undue influence, and all forms of impropriety. When officials act in pursuit of their own economic or political benefit, the confidence of the public is eroded and the very structure of government is undermined.
(2) No statute can cleanse instantly and permanently the body politic of corrupt behavior, but the General Assembly by passage of this act intends to promote and ensure integrity in government which must be upheld at all costs. While this act may have costs, whether it is funding, manpower, or inconvenience, it is necessary to restore the lost faith that the citizens of South Carolina feel for their leaders at this time. A comprehensive system of reporting, prohibition of questionable activities, and greater scrutiny of officials on all levels of government is the cure for a sickness that has plagued South Carolina for decades.
(3) The most important function of any law aimed at making public servants more accountable is that of complete and effective disclosure. Public access to all possible conflicts and the behavior of those working in and around our government is essential to restoring public trust. Diligent and strict enforcement of such a law is an absolute must if this trust is to be protected.
(4) In that many public officials serve on a part-time basis, it is inevitable that conflicts of interest and appearances of impropriety will occur. Often these conflicts are unintentional and slight, but at every turn those who represent the people of this State must be sure that it is the interest of the people, and not their own, that is being served. An official or public employee should be prepared to remove himself immediately from a decision, vote, or process that even appears to be a conflict of interest.
The General Assembly declares that high moral and ethical standards are a must for the proper operation of government, and that conflicts between personal interest and public responsibility must be avoided. New ethics and government accountability are needed to uphold the very foundation of all good government, the public trust.
SECTION 2. This act may be cited as "The Accountability in Government Act".
SECTION 3. The 1976 Code is amended by adding:
"Section 2-1-105. No member or former member of the General Assembly may be elected by the General Assembly or appointed by executive authority to a civil office of this State until two years after the member or former member has served in the General Assembly."
SECTION 4. Chapter 17, Title 2 of the 1976 Code is amended to read:
Section 2-17-10. As used in this chapter unless the context clearly indicates otherwise:
(1) `Person' means an individual, partnership, proprietorship, firm, joint venture, business trust, company, corporation, association, club, committee, labor organization, or any other organization or group of persons acting in concert.
(2) `Public official' or `official' means an individual elected or appointed to a state, county, municipal, or other local government office, including an individual elected to the General Assembly, or an individual appointed to fill a vacancy in the office.
(3) `Public employee' or `employee' means an individual employed in a position with state, county, municipal, or other local government including members of the judiciary.
(4) `Expenditure' means a purchase, payment, loan, forgiveness of a loan, advance, deposit, transfer of funds, a gift of money or anything of value for any purpose, a payment to a lobbyist for compensation for expenses, or lobbying activities, including the direct payment of expenses incurred at the request or suggestion of a lobbyist. `Expenditure' also means a payment that directly benefits a public official or employee or a member of the official's or employee's immediate family.
(5) `Gift' means anything of value including entertainment, food, beverage, travel, and lodging given or paid to a public official or employee to the extent that consideration of equal or greater value is not received. `Gift' includes a rebate or discount on the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person's status. This excludes contributions accepted pursuant to Chapter 13 of Title 8.
(6) `Lobbying' means influencing or attempting to influence legislative, executive, or local government action through oral or written communication; the solicitation of others to influence legislative, executive, or local government action; or an attempt to obtain the goodwill of legislative, executive, or local government officials or employees.
(7) `Lobbyist' means an individual who is employed and receives payments or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; an individual who represents an organization, association, or other group for the purpose of lobbying; or an individual who has a pecuniary interest in legislative, executive, or local government action and who engages in lobbying. This does not include an individual who is employed by or who volunteers to lobby for an organization, association, or group of citizens whose lobbying expenditures during the calendar year do not exceed five hundred dollars.
(8) `Lobbyist principal' or `principal' means the entity in whose behalf the lobbyist influences or attempts to influence legislative, executive, or local government action but does not include an individual or entity that belongs to an association or organization that employs a lobbyist nor an employee of an entity that employs a lobbyist.
Section 2-17-20. (A) A lobbyist shall register with the Secretary of State within fifteen days after becoming a lobbyist. The registration form must include the full name, address, and telephone number of the lobbyist and the principal, the principal's business and each lobbyist employed by or representing the principal. The form also must include the subject matter of the lobbying including the legislative bill number or name of the legislation, the name of the case, action, or procurement, if known, and certification by the lobbyist that the information contained on the registration is true and correct.
(B) Unless exempt from registration pursuant to Section 2-14-40, a person who acts as a lobbyist principal on January fifteenth of each year shall register with the Secretary of State. A registration statement must be in the form prescribed by the Secretary of State and must include the name, address, and telephone number of the lobbyist principal. If the lobbyist principal is an entity, the statement must provide the name, address, and telephone number of the principal officer or agent of the entity. The registration form must include a description of the business of the lobbyist principal, the name and address of each lobbyist who will engage in lobbying on behalf of the principal, an identification of the subject matter for which each lobbyist employed by the principal will engage in lobbying, and a verification by the lobbyist principal that the information contained in the registration statement is true and correct.
Section 2-17-30. A lobbyist shall file with the Secretary of State a separate report for each lobbyist principal containing all contributions or expenditures that were initiated or paid by the lobbyist on behalf of the principal during the prior reporting period. Each expenditure must be reported by categories as prescribed by the Secretary of State. The report must include a description of contributions or expenditures in an aggregate amount in excess of fifty dollars in one year initiated or made by a lobbyist to a public official or employee; the name of the official or employee receiving payment or in whose behalf the payment was made, and date and amount of payment. The report also must include the amount of fees, retainers, and expenses paid to the lobbyist by the lobbyist's principal.
This report of contributions and expenditures must be filed with the Secretary of State no later than March thirty-first and September thirtieth for each preceding six-month period. The March thirty-first report must include a cumulative total for the prior year for all categories. A final report must be filed at the time a lobbyist seeks to terminate his registration. Reports must be on forms prescribed by the Secretary of State.
Section 2-17-40. The registration and reporting provisions of this chapter do not apply to elected public officials or their staff members, if acting in an official capacity; an individual who represents himself and receives no compensation or anything of value for lobbying and has no pecuniary interest in legislative, executive, or local government actions; or an employee of the executive branch who is providing formal testimony before a public meeting of a legislative body or executive agency.
Section 2-17-50. (A) No lobbyist, lobbyist principal, or a person acting on behalf of a lobbyist or principal may offer, solicit, initiate, facilitate, or provide to or on behalf of a member of the General Assembly, a public official, or a public employee, and no official or employee may solicit or receive a gift having a value in excess of fifty dollars in a calendar year or a loan other than a loan made by a financial institution authorized to transact business in the State. This subsection does not apply to food, beverage, or entertainment in an amount less than twenty-five dollars an occasion or less than two hundred fifty dollars for each official or employee during a calendar year, provided the lobbyist or lobbyist principal is present physically and provided the expenditures are reported properly under this chapter.
(B) A lobbyist may not contract to receive or accept compensation dependent upon the success or failure of a legislative, executive, or local government action.
(C) A lobbyist may not cause the introduction of legislative, executive, or local government action for the purpose of obtaining employment to lobby in support of or in opposition to the action.
(D) A lobbyist may not serve as a treasurer for a candidate or committee.
(E) A lobbyist may not make a gift that would violate the provisions of Chapter 13 of Title 8.
(F) No lobbyist or lobbyist principal or agent of a lobbyist or lobbyist principal may pay an honorarium to a state official, member of the General Assembly, or a state employee.
(G) No lobbyist or lobbyist principal or an agent of a lobbyist or lobbyist principal may employ on retainer a state official, member of the General Assembly, a state employee, or a firm or organization in which a state official, member of the General Assembly, or state employee has a financial interest.
(H) No lobbyist may serve as a member of a state board or commission.
Section 2-17-60. A lobbyist may seek to terminate his lobbyist registration by filing a final report pursuant to the provisions of Section 2-17-30, including information through the last day of lobbying activity. Termination does not become effective until approval by the Secretary of State based upon the completeness and accuracy of the report, the likelihood that the lobbying will continue, and any other circumstances that the Secretary of State considers appropriate.
Section 2-17-70. The Secretary of State has the following duties:
(1) to develop forms for registration, reports, and complaints required by this chapter, and to furnish the forms to persons upon request;
(2) to develop a filing, coding, and cross-indexing system to carry out the purposes of this chapter;
(3) to make available lobbyists' registrations and reports for public inspection and copying as soon as practicable after their receipt and to permit copying of any report or registration by hand or by duplicating machine, as requested by a person, at that person's expense;
(4) to preserve the originals or copies of lobbyists' registrations and reports for five years from date of receipt;
(5) to ascertain whether a lobbyist has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the lobbyist to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations promulgated by the Secretary of State under this chapter;
(6) to compile, summarize, and make available information for public inspection and copying within thirty days after the close of each filing period;
(7) to receive complaints of violations of this chapter;
(8) to report apparent violations of this chapter to the Attorney General.
Section 2-17-80. (A) The Attorney General, with the assistance of the State Law Enforcement Division, shall make preliminary investigations of complaints, including complaints made by the Secretary of State, of an alleged failure of a lobbyist to register or to file a report required by this chapter or of any violation of this chapter. Upon receiving a complaint, the Attorney General shall transmit promptly a copy of the complaint to the lobbyist about whom the complaint is made. The lobbyist must be given an opportunity to respond before any further investigation. If, after preliminary investigation, the Attorney General finds that probable cause exists to support an alleged violation, he shall, as appropriate:
(1) render an advisory opinion to the lobbyist complained of and require compliance with the opinion in a reasonable time period;
(2) issue subpoenas, upon order of a court of competent jurisdiction, or submit interrogatories to the lobbyist complained of for the purpose of further investigating violations of this chapter;
(3) prosecute a person who knowingly or wilfully violates a provision of this chapter.
(B) All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist. If further investigation is conducted by the Attorney General under subsection (A)(2) of this section, the lobbyist must be afforded appropriate due process protections, including the right to be represented by counsel. The disposition of all complaints is a matter of public record.
Section 2-17-90. A lobbyist who knowingly or wilfully violates the provisions of this chapter or a person who falsifies all or part of a registration form or report which is filed with the Secretary of State under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both. In addition, a lobbyist convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist for three years from the date of the conviction.
Section 2-17-100. A person who wilfully files a complaint with the Secretary of State without just cause or with malice is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars."
SECTION 5. Chapter 13, Title 8 of the 1976 Code is amended to read:
Section 8-13-10. As used in this chapter unless the context clearly indicates otherwise:
(1) `Election' means:
(a) a general, special, primary, or runoff state or local election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States.
(2) `Candidate' means a person who seeks nomination for election or election to a state or local office.
(3) `State or local office' means the General Assembly, Governor, Lieutenant Governor, Secretary of State, Adjutant General, State Treasurer, Comptroller General, Attorney General, Superintendent of Education, solicitor, sheriff, auditors, county treasurer, probate judge, clerk of court, coroner, register of mesne conveyances, county supervisor, mayor, city, town, or county council, or any other public office elected by popular vote.
(4) `Committee' means any association, club, organization, or group of persons which, for the purpose of influencing an election, receives contributions or makes expenditures in an aggregate amount in excess of five hundred dollars during a year. `Committee' includes a political action committee, a candidate committee, or a candidate campaign committee, or a committee that is not a campaign committee for a candidate but is organized for the purpose of influencing an election.
(5) `Contribution' means a gift, subscription, loan, advance, or deposit of money or anything of value made to a candidate or committee for the purpose of influencing an election; or payment or compensation for the personal services of another person which are rendered for any purpose to a candidate or committee without charge.
`Contributions' do not include:
(a) volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source;
(b) payment by a state or local committee of a political party for the cost to prepare, display, mail, distribute, or publicize a printed sample ballot or listing of candidates;
(c) payment by a state or local committee of a political party for the cost of campaign materials used by the committee for volunteer activities on behalf of candidates, provided the payment is not made from contributions designated by a donor to be spent on behalf of a particular candidate.
(6) `Expenditure' means a purchase, payment, distribution, loan, advance, deposit or gift of money, or anything of value made by a candidate or committee for the purpose of influencing an election including a written contract, promise, or agreement to make an expenditure.
(7) `Commission' means the State Ethics Commission.
(8) `Person' means an individual, corporation, partnership, committee, association, labor organization, or any other organization or groups of persons.
(9) `Political party' means an association, committee, or organization which nominates a candidate whose name appears on the election ballot as the candidate of that association, committee, or organization.
Section 8-13-20. All reports, statements, or documentation required to be filed pursuant to this article must be filed in accordance with this section. All candidate, noncandidate, and other campaign committees must file campaign disclosure forms, statements of organization, statements of inactivity, and final reports with the State Election Commission. For those committees required to file with the State Election Commission, the commission shall furnish a copy of the candidate's contribution and expenditure reports to each clerk of court in the county in which the candidate resides.
Section 8-13-30. (A) A candidate must file a statement of organization with the State Election Commission or the clerk of court no later than ten days after receiving contributions or making expenditures in excess of five hundred dollars. In the statement of organization the candidate must designate a campaign committee. No candidate may have more than one campaign committee.
(B) A committee that is not a campaign committee for a candidate must file a statement of organization with the State Election Commission no later than five working days after making contributions or expenditures in excess of five hundred dollars in an election.
(C) A committee must have a chairman and a treasurer. An individual may serve in both capacities. All officers must sign the statement of organization. Within ten days of a vacancy occurring, the committee must designate and notify the State Election Commission of the person filling the vacancy.
Section 8-13-40. (A) The statement of organization for all committees must include:
(1) the full name, mailing address, and telephone number of the committee;
(2) the date the committee was organized;
(3) the purpose of the committee;
(4) the name, mailing address, telephone number, occupation, and principal place of business of the committee chair, and treasurer;
(5) the name and address of the depository at which the committee will maintain its committee account; and
(6) a certification of the statement by the chair and the treasurer.
(B) For a committee designated by a candidate as his campaign committee, the statement of organization also must include the candidate's full name, mailing address, residence address, telephone number, party affiliation, if any, and office being sought.
(C) For a committee whose purpose concerns an election relative to a constitutional amendment, the statement of organization also must include a brief description of the constitutional amendment and the position of the committee on the amendment.
(D) The statement of organization also must include the name and mailing address of any corporation or organization that sponsors the committee or is affiliated with the committee. If the committee is not sponsored by or affiliated with a corporation or an organization, the committee must specify the trade, profession, or primary interest of contributors to the committee. The name of the committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is commonly known or clearly recognized by the general public.
(E) The State Election Commission must be notified within ten days of a change in information previously reported in a statement of organization.
Section 8-13-50. A candidate must file a statement of financial interest for the preceding calendar year with the State Ethics Commission at the same time he files a statement of organization with the State Election Commission. No later than five business days after filing the statement of financial interest, a candidate who is not required initially to file with the commission also must file a copy of the statement with the commission. An individual who becomes a candidate other than by filing, no later than fifteen working days after becoming a candidate, must file a statement of financial interest for the preceding calendar year with the State Ethics Commission. A candidate who is not an officeholder otherwise filing a statement has the same disclosure requirements as an officeholder, with the exception of reporting gifts.
Section 8-13-60. (A) Expenditures may be made only for bona fide political expenses. A candidate or the candidate's immediate family may not receive payments, other than reimbursements, from a committee. Committee funds may not be used to defray personal living expenses for the candidate or the candidate's immediate family which are unrelated to the campaign or the office. However, payment of reasonable and necessary travel expenses or food or beverages consumed by the candidate or members of the candidate's immediate family while at and in connection with a political or official event are permitted.
(B) An expenditure of more than twenty-five dollars must be made by written instrument drawn upon the campaign account containing the name of the committee and the name of the recipient. These expenditures also must be accounted for by a written receipt indicating the date of the expenditure, the amount, the name and address of the recipient, the reason for the expenditure, and the form of the expenditure.
(C) No expenditure may be made, other than for overhead or normal operating expenses, by a person on behalf of or for the benefit of a committee unless the expenditure is reported by the committee as if the expenditure were made directly by the committee. A person making an expenditure on behalf of or for the benefit of a committee must make all information required to be reported available to the committee. No expenditure may be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.
(D) A committee treasurer may not withdraw more than five hundred dollars from the committee account to establish or replenish a petty cash fund for the candidate or committee at any time, and at no time may the fund exceed five hundred dollars. Expenditures from the petty cash fund may be made only for office supplies, food, transportation expenses, and other necessities and may not exceed twenty-five dollars.
(E) No expenditures may be made which the candidate or a campaign committee officer knows, has reason to believe, or reasonably should have known were contributed to the committee in violation of this or any other provision of law.
Section 8-13-70. The committee treasurer must establish, maintain, and preserve an account that includes:
(1) the total contributions accepted by the committee, the full name, address, and, in the case of an individual, the occupation and employer, of each person making a contribution of fifty dollars or more, including the date and amount of the contribution;
(2) the total expenditures made by, or on behalf of the committee, the full name and mailing address of each person to whom an expenditure is made of more than fifty dollars, including date, amount, purpose, and beneficiary of the expenditure. The committee treasurer also must maintain all receipts, bills, canceled checks, or other proofs of payment, with an explanation for each expenditure.
The treasurer must maintain and preserve all receipts of bills and accounts required by this chapter for at least four years from the date of the last required report. The treasurer also must file, in a timely manner, the appropriate reports on forms prescribed by the commission. A report submitted to the commission must be signed by the treasurer, who must attest to the report's accuracy and veracity. The treasurer must file an amended report as required under this chapter if he has knowledge of an error or omission on a filed report of the committee.
Section 8-13-80. (A) The State Election Commission must develop a contribution and expenditure reporting form which must include:
(1) designation as preelection, postelection, quarterly, semiannual, or annual report and, if a preelection report, the election date;
(2) the committee name and address;
(3) the balance of cash and cash equivalents on hand at the beginning and at the close of the reporting period;
(4) the total amount of all contributions received during the reporting period. The total amount of contributions of less than one hundred dollars in the aggregate from one source received during the reporting period. The name, address, occupation, and employer (if self-employed, the name and place of business) of each person contributing one hundred dollars or more in the aggregate during the reporting period, the date and amount of the contribution, and the year to date total for each contributor. If the contributor is not an individual, occupation and employer is not required. Written promises or pledges to make a contribution must be reported separately in the same manner as other monetary contributions;
(5) the total amount of all loans received during the reporting period, and the total amount of loans for the year to date; the total amount of all loans of less than one hundred dollars received during the reporting period, and the total amount of these loans for the year to date. Additionally, the report must include the date and amount of each loan of one hundred dollars or more in the aggregate from one source during the reporting period and the name and address of the lending institution; the name, address, occupation, and employer of each lender or endorser but if the lender or endorser is not an individual, occupation and employer is not required; the year-to-date total of each lender or endorser; the terms of the loan, including the interest rate and repayment schedule;
(6) the date and description of each fundraiser held during the reporting period and the amount raised and the total amount of proceeds received from fundraising events that are less than one hundred dollars in the aggregate from a single source during the reporting period;
(7) the date and amount of a purchase made on behalf of a committee of one hundred dollars or more in the aggregate by one person during the reporting period, and the purchaser's name, address, occupation, and employer (if self-employed, the name and place of business), and that purchaser's year-to-date total. If the purchaser is not an individual, the occupation and employer is not required;
(8) the total amount of all refunds, rebates, interest, and other receipts not previously identified during the reporting period, and their year-to-date total; the total amount of other receipts received of less than one hundred dollars in the aggregate from one source during the reporting period; the date and amount of each refund, rebate, interest, or other receipt not previously identified of one hundred dollars or more in the aggregate from one source, the name and address, and the year-to-date total for each source; the amount of funds loaned or donated by a corporation or labor organization to its political action committee for the establishment of the committee and for its solicitation costs;
(9) the aggregate total of all contributions, loans, fundraising proceeds, and other receipts during the reporting period, and the year-to-date aggregate total. Separate totals for in-kind contributions must be included;
(10) the total amount of expenditures made during the reporting period and the year-to-date total, including in-kind expenditures which must be equal to in-kind contributions received; the total amount of expenditures made during the reporting period of less than one hundred dollars in the aggregate to one entity; the amount, date, and a brief description of each expenditure made of one hundred dollars or more in the aggregate to one entity during the reporting period, the name and address of the entity to which the expenditure was made, the beneficiary of the expenditure, and the year-to-date total of expenditures to that entity or beneficiary. Credit card expenses and candidate reimbursements must be itemized so that the purpose and recipient of the expenditure are identified;
(11) the total value of loans made during the reporting period and the year-to-date total; the amount and date of each loan made of one hundred dollars or more in the aggregate to one entity during the reporting period, the name and address of the recipient of the loan, the terms of the loan, including the repayment schedule and interest rate, the purpose, and the year-to-date total;
(12) the total balance of loans owed by the committee; the total balance of loans of less than one hundred dollars in the aggregate owed by the committee to one entity; the balance of loans owed by the committee, itemized by name, address, and the date of the loan if one hundred dollars or more is owed to one entity;
(13) the total amount of all expenditures incurred. An expenditure incurred is reported on each report filed after the date the goods or services are received and through the reporting period in which payment is made to the vendor or creditor; the total amount of expenditures incurred of less than one hundred dollars in the aggregate owed to one entity; a list of expenditures incurred if the amount is one hundred dollars or more in the aggregate, the name and address of the creditor, the purpose of the purchase, the beneficiary, and the date the goods or services were delivered.
Section 8-13-90. (A) If a committee has not accepted any contributions and has not made any expenditures during a reporting period, the treasurer must file a statement of inactivity.
(B) A statement of inactivity must include the committee name and address; the type of report, preelection, postelection, quarterly, semiannual, or annual, and a statement by the treasurer verifying that no contributions were received and no expenditures were made during the reporting period. For the purpose of this report, interest earned is not a contribution.
Section 8-13-100. A contribution of one thousand dollars or more after the closing date of the preelection reporting period must be reported to the State Election Commission the Wednesday before the election and must be included on the next report filed by the committee.
Section 8-13-110. The State Election Commission must send a notice of obligation to report and reporting forms by first class mail no less than thirty days before the filing date for each reporting period. A committee is not relieved of its reporting responsibilities if the notice or forms are not sent or if the committee does not receive a notice or form.
Section 8-13-120. Reports must be filed on a format specified by the State Election Commission. The reports filed must be typed or printed in black ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style.
Section 8-13-130. (A) A candidate's designated campaign committee may not dissolve until after a primary election or convention in which the candidate is defeated, or after the general election in which the candidate is a candidate on the ballot or seeking election as a qualified write-in candidate.
(B) All other committees may dissolve only after no longer accepting contributions or incurring expenditures.
(C) If the committee owes or is owed money, the committee may dissolve but must report the status of the debt annually on the same schedule as active committees until all debts are resolved. The method of resolution, including contributions and expenditures to eliminate these debts, must be stated.
(D) A final report may be filed at the time, or before a scheduled filing is due. The form must be marked `final' and include a list of the material assets worth one hundred dollars or more and state their disposition.
Section 8-13-140. All reports must be made available for public inspection at the office of the State Election Commission or the clerk of court no later than two business days after the filing deadline. The commission or county clerk of court may not require any information or identification as a condition of viewing a report or reports. The commission or the county clerk of court shall insure that the reports are available for copying or purchase at a reasonable cost, which may not exceed fifteen cents a page.
Section 8-13-150. Contributions received by a candidate or his campaign committee that are in excess of expenditures may be used by the candidate to defray ordinary and necessary expenses incurred in connection with his duties in state or local office, may be contributed to a tax exempt charity, a political party, or another candidate's designated campaign committee, or may be transferred to another campaign. No candidate may expend excess contributions for personal use.
All other committees, with an unexpended balance of funds not otherwise obligated for expenditures incurred to further the committee's purposes, shall designate how the surplus funds are to be distributed. The surplus funds may escheat to the state's general fund, may be returned pro rata to all contributors, may be donated to a political party or to another noncandidate committee, or may be distributed using a combination of these options.
Section 8-13-160. A candidate, political party, committee, or another person or entity that pays for the production, distribution, or posting of campaign literature or other printed material related to an election shall place his or its name and address on the printed matter. Campaign buttons, balloons, or similar items are exempt from this requirement. A person or entity that fails to comply with this section is subject to a fine not to exceed two thousand dollars.
Section 8-13-170. No candidate or committee or anyone acting on his behalf of a candidate or committee may solicit or accept:
(1) cash contributions in excess of fifty dollars;
(2) a contribution for an election which exceeds two thousand dollars from an individual or five thousand dollars from an association, corporation, partnership, union, or committee that is not a candidate campaign committee.
Section 8-13-175. Campaign reporting errors or omissions that are brought to the attention of the State Election Commission either through a complaint or through knowledge of the State Election Commission must be handled as technical violations and are not subject to the provisions of this chapter pertaining to ethical violations. In lieu of all other penalties, the State Election Commission may assess a technical violations penalty not to exceed two hundred dollars. If the State Election Commission determines that the violation is not an error or an unintentional omission but an effort to violate a requirement of this chapter, then the State Election Commission may report this to the State Ethics Commission for proper disposition.
Section 8-13-180. (A) No person may make contributions to a candidate or his campaign committee for an election for state or local office which in the aggregate exceeds two thousand dollars.
(B) No political committee, association, corporation, or union may make contributions to a candidate or his campaign committee for an election for state or local office which in the aggregate exceeds five thousand dollars.
Section 8-13-190. No member, officer, or employee of the General Assembly, the executive branch, or a local government may accept or solicit contributions in government buildings not considered a residence. A contribution received by mail to an elected official's address must be transferred to the individual's campaign committee within three days.
Section 8-13-200. (A) There is created the State Ethics Commission to be composed of nine members, appointed by the Governor, upon the advice and consent of the General Assembly. No member or employee of the commission may be a public official, public employee, candidate, an official in a political party, lobbyist, or member of the immediate family of any one of these individuals.
(B) The terms of the members of the commission are for five years and until their successors are appointed and qualify. One member shall represent each of the six congressional districts and three members must be appointed from the State at large. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member of the commission, including those filling vacancies, may serve more than one term. The commission shall elect a chairman, a vice-chairman, and other officers as it considers necessary. Five members of the commission constitute a quorum. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as provided by law for members of the General Assembly.
(C) The commission meets at the call of the chairman or a majority of its members. An affirmative vote of five or more members is necessary for commission action. The commission may employ and remove, at its pleasure, an executive director to perform its functions. The executive director has the responsibility for employing and terminating other personnel as may be necessary. The executive director administers the daily business of the commission and performs duties assigned by the commission. The commission shall fix the compensation for its employees. The staff of the commission is outside the classification system for state service.
(D) No member of the commission or its staff may participate in political management or in a political campaign during the member or employee's term of office or employment. No member of the commission or its staff may make a financial contribution to a candidate, a committee as defined by Section 8-13-10, or knowingly attend a fundraiser held for the benefit of a candidate or committee. Violation of this provision will subject the employee to immediate dismissal, and the commissioner to removal by the Governor.
Section 8-13-210. (A) The commission may render advisory opinions concerning this chapter based upon real or hypothetical circumstances, when requested in writing by a public official, public employee, or a person personally and directly involved in the matter. An advisory opinion must be in writing and must be made available to the public. The following opinions are confidential:
(a) one requested by a public official or public employee concerning his or her own affairs or the affairs of a subordinate official or employee;
(b) one requested by a former public official or employee concerning his or her own affairs.
An advisory opinion must be in writing and is considered rendered when approved by six or more commission members subscribing to the advisory opinion.
(B) Upon request, a commission attorney may issue advice, either orally or in writing, based upon real or hypothetical circumstances, concerning this chapter, if the advice is consistent with this chapter or previous advisory opinions issued by the commission. This advice and any related internal commission materials requested or prepared as a result of the request for advice is confidential if an advisory opinion on the matter would be confidential. It is not necessary to make advice issued by a commission attorney available to the public. A log must be maintained by the commission indicating the person requesting the oral opinion, the question asked, and the opinion given by the commission attorney. These logs are confidential and maintained only for the purpose of a supporting document of information provided to the individual requesting the opinion.
(C) The confidentiality of an advisory opinion may be waived either in writing, by the person who requested the advisory opinion, or by a majority vote of the members of the commission, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by or on behalf of the person. The commission, in such an event, also may vote to make public the advisory opinion request and related materials.
Section 8-13-220. The commission may conduct investigations, inquiries, and hearings concerning any matter covered by this chapter. If the commission determines that assistance is needed in conducting investigations, the commission shall request the assistance of appropriate agencies.
The commission may require the cooperation of a state agency, official, employee, or other person whose conduct is regulated by this act. On written request an individual shall make information reasonably related to an investigation available to the commission.
The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by a vote of five or more members, subject to judicial enforcement, for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation. The commission also shall promulgate and publish regulations to carry out the provisions of this chapter.
Section 8-13-230. The commission shall prescribe and provide forms for reports, statements, notices, and other documents required by this chapter. Documents filed with the commission as public records must be retained for at least seven years from the date of their receipt. Upon request, the commission shall make statements and reports filed with the commission available for public inspection and copying during regular office hours. The commission shall provide copying facilities at a cost not to exceed the actual cost. A statement may be requested by mail, and the commission shall mail a copy of the requested information to the individual making the request upon payment of appropriate postage, copying, and employee labor costs. The commission shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties, imposed by it, and the means for enforcing it.
Section 8-13-240. The commission shall accept from an individual, whether personally or on behalf of an organization or governmental body, a verified complaint in writing that states the name of a person alleged to have committed a violation of this chapter, and sets forth the particulars of the violation. The commission shall forward a copy of the complaint and a general statement of the applicable law with respect to the complaint to the respondent. If the commission determines that the complaint does not allege facts sufficient to constitute a violation of the chapter, it shall dismiss the complaint and notify the complainant and the respondent. If the commission determines that the complaint alleges facts sufficient to constitute a violation of the chapter, an investigation may be conducted with respect to the alleged violation.
Section 8-13-245. No complaint may be accepted by the commission concerning a candidate for elective office in the sixty-day period before an election in which he is a candidate.
Section 8-13-250. If the commission determines that the information the commission has received provides an adequate basis for the belief that a violation of the chapter has been committed, or that an investigation of a possible violation is warranted, an investigation may be conducted. If the commission during the course of an investigation, or upon the receipt of information finds probable cause to believe that a violation of the chapter has occurred, it may, upon its own motion, file a complaint. A complaint initiated by the commission must be signed by a majority of the members of the commission.
Section 8-13-260. The commission, through its own investigators or with the investigatory assistance of other state agencies, shall administer oaths and require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to the investigation being conducted. The commission shall afford a public official or employee, who is the subject of a complaint, the opportunity to be heard on the alleged violation under oath and to offer information which may tend to exonerate his conduct. The commission, in its discretion, may turn over to the Attorney General for prosecution apparent evidence of a violation of the chapter.
Section 8-13-270. At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of law, shall make a determination whether probable cause exists to believe that a violation of the chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission staff determines that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the act has occurred. If the commission finds probable cause to believe that a violation of the chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation. The commission decision to waive further proceedings, justification for this decision, and remedial or corrective action to be taken by the respondent must be a part of the public record.
Section 8-13-280. The panel of three commissioners shall conduct a hearing in accordance with the Administrative Procedures Act, except as otherwise expressly provided. During an investigation or hearing to determine whether a violation has occurred, the respondent may be represented by counsel. During a commission panel hearing conducted to determine whether a violation of the act has occurred, all evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The commission panel is not bound by the strict rules of evidence. The hearings must be held in executive session unless both the respondent and complainant agree to an open hearing.
Section 8-13-290. (A) No later than sixty days after the conclusion of a hearing to determine whether a violation of the chapter has occurred, the commission shall set forth its determination in a written decision with findings of fact and conclusion of law containing one or more of the following recommendations or orders:
(1) In the case of a public official or public employee, either classified or unclassified, a recommendation to the appropriate appointing or hiring authority that the public official or employee be censured, suspended, or removed from office or employment.
(2) In the case of a member of the General Assembly, a recommendation to the presiding officer of the appropriate chamber of the legislature that the legislator be censured, suspended, or removed from office. If an offense is determined to warrant action less than a censure, suspension, or removal from office as a public or private reprimand, then the commission shall refer the recommendation to the Judicial Standards Commission for disposition.
(3) In the case of a member of the judiciary, except for probate judges, a recommendation to the presiding officers of both chambers of the General Assembly that the judge be censured, suspended, or removed from office. If the commission determines an offense warrants action less than a censure, suspension, or removal from office, such as a public or private reprimand, then the commission shall refer the recommendation to the Judicial Standards Commission for disposition.
(4) In the case of a state official subject to impeachment under Article XV of the Constitution, a recommendation to the presiding officers of both chambers of the General Assembly that the official be removed from office.
(5) An order requiring the public official or public employee to pay a civil penalty of not more than two thousand dollars for each violation.
(6) An order requiring the forfeiture of gifts, receipts, or profits obtained in violation of the chapter, voiding of a state action obtained in violation of the chapter, or a combination of the above, as necessary and appropriate.
(B) A fine imposed by the commission, disciplinary action taken by an appropriate authority, or a determination not to take a disciplinary action made by an appropriate authority is public record. This section does not limit the power of either chamber of the General Assembly to discipline its own members or to impeach a public official or of a department to discipline its officials or employees. This section does not preclude prosecution of public officials or employees for violation of any laws of this State.
(C) Campaign reporting violations found to be intentional or wilful by the State Election Commission are subject to the provisions of this chapter. These violations must be referred to the State Ethics Commission by the State Election Commission upon clear evidence that the violation was not an unintentional error or omission.
Section 8-13-300. Up to ten days after service of an order or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the panel. The review must be made on the record established in the panel hearings. The petition for review stays all actions and recommendations until the commission makes its final decision for review and its actual review if it has agreed to a full commission hearing. This review is the final disposition of the complaint.
Section 8-13-310. The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that this chapter has been violated.
If the Attorney General fails to prosecute a matter referred to him under Section 8-13-260, the commission may request the appointment of a special prosecutor. The request must be made to the Budget and Control Board which shall appoint a member in good standing of the South Carolina Bar Association to review the matter and prosecute if appropriate.
Section 8-13-320. Action may not be taken on a complaint filed more than three years after the violation is alleged to have occurred unless a person, who by fraud or other device, prevents discovery of the violation.
Section 8-13-330. If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of this chapter in filing the complaint without just cause, the finding must be reported to the Attorney General. The wilful filing of a complaint without just cause or with malice is a misdemeanor and, upon conviction, a person must be fined not more than two thousand dollars.
Section 8-13-340. When hired, elected, or appointed and upon assuming the duties of employment, office, or position in state government, each public official and public employee shall receive a brochure prepared by the State Ethics Commission describing the general application of the chapter.
Section 8-13-400. As used in this article:
(1) `Close family member' means a public official's or public employee's spouse, children, siblings, parents, grandparents, grandchildren, and also means the spouse's children, siblings, parents, grandparents, and grandchildren.
(2) `Confidential information' means information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of such nature that it is not, at the time it is obtained, a matter of public record or public knowledge.
(3) `Compensation' means money, any thing of value, or economic benefit conferred on or received by any person.
(4) `Consultant' means an individual who is qualified, by education or by experience, in a particular field, who contracts with a public agency to assist in the preparation and evaluation of procurement documents for public contracts or provide advice or service in the particular field of expertise.
Section 8-13-410. (A) No public official or public employee shall use his official position or office to obtain financial gain for himself.
(B) No public official or public employee may participate directly or indirectly in a procurement when he has knowledge or notice that:
(1) he or any business with which he is associated has a financial interest pertaining to the procurement;
(2) any other person, business, or organization with whom he or a close family member is negotiating or has an arrangement concerning prospective employment is involved in the procurement.
(C) Where a public official or public employee or a close family member holds a financial interest in a blind trust, he must not be considered to have a conflict of interest with regard to matters pertaining to that financial interest, provided that disclosure of the existence of the blind trust has been made to the appropriate supervisory office.
(D) No public official or employee may utilize public materials, personnel, or equipment, subject to or available for his use, for the conduct of private business, except as may be available equally to the general public.
Section 8-13-420. (A) No public official or public employee may receive, accept, take, seek, or solicit, directly or indirectly, anything of value, including employment or the promise of future employment, as a gift, gratuity, or favor from:
(1) any person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position;
(2) any person, or from an officer or director of a person, if the public official or public employee has reason to believe the person:
(a) has or is seeking to obtain contractual or other business or financial relationships with the official's or employee's agency;
(b) conducts operations or activities which are regulated by the official's or employee's agency; or
(c) has an interest which may be affected substantially by the performance or nonperformance of a duty or responsibility of the public official's or public employee's position.
(B) There is a rebuttable presumption that compensation or anything of value given or offered as a gift, gratuity, or favor to a public official or public employee, or compensation or anything of value accepted or solicited as a gift, gratuity, or favor by a public official or public employee, is for the performance or nonperformance of a duty or responsibility of the public official's or employee's position.
(C) A person who gives or offers to a public official or public employee, or a public official or public employee who receives, accepts, takes, seeks, or solicits any compensation or anything of value as provided in subsection (A), is subject to the punishment as provided by Sections 16-9-210 and 16-9-220. The provisions of this section do not apply to contributions made in accordance with this chapter, unless the contributions are conditioned upon the performance or nonperformance of specific actions of the person accepting the contributions, or to a parent, grandparent, or relative making a gift to a child, grandchild, or other close family member for love and affection.
(D) Except as provided by regulations of the appropriate supervisory office, no public official or public employee may solicit or receive a gift, compensation, money, or anything of value from a lobbyist, a lobbyist principal, as defined in Section 2-17-10, or from working for a lobbyist entity, except for food and beverage consumed in conjunction with a meeting with the lobbyist or lobbyist principal. A public official or public employee is not prohibited from receiving a memento of an occasion or award in the form of a plaque, certificate, or other award having value only to the recipient.
Section 8-13-430. No person shall offer or pay to a public official or public employee and no public official or employee shall solicit or receive any money in addition to that received by the public official or public employee in his official capacity for advice or assistance given in the course of his employment as a public official or public employee.
Section 8-13-440. No public official or public employee shall use or disclose confidential information gained in the course of or by reason of his official position or activities in any way that would result in financial gain for himself or for any other person.
Section 8-13-450. Unless otherwise provided by law, no person shall serve as a member of a governmental regulatory agency that regulates any business with which that person is associated. Any employee of such regulatory agency which regulates a business with which he is associated shall annually file a statement of economic interest notwithstanding the provisions of Section 8-13-810. No person shall be an employee of such regulatory agency which regulates a business with which he is associated if this relationship creates a continuing or frequent conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties.
Section 8-13-460. (A) No public official or employee may make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he, a close family member, or a business with which he is associated has a financial interest. 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 would cause direct financial benefit or detriment to himself, a close family member or a business with which he is associated, where his interest is of more than a de minimis nature or is distinct from that of the general public, unless service with the business is mandated by statute or ordinance, instead shall prepare a written statement describing the matter requiring action or a decision and the nature of his potential conflict.
(B) If the public official is a legislator, he shall deliver a copy of the statement to the presiding officer of his legislative body. The presiding officer, if requested by the legislator, shall print the statement in the journal and, upon request, excuse the legislator from votes, deliberations, and other action on the matter relative to the potential conflict. A statement delivered within twenty-four hours after the action or decision is considered to be in compliance with this section.
(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 action as prescribed by commission regulations. If the public official is a member of the governing body of an agency, commission, board, or of 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 require that the member remove himself from the meeting location and be excused from votes, deliberations, and other actions on the matter relative to the potential conflict of interest. The presiding officer shall print the statement, the disqualification, and its reasons in the minutes.
Section 8-13-470. No public official or public employee may appear before the South Carolina Public Service Commission, South Carolina Insurance Commission, the South Carolina Tax Commission, the South Carolina Coastal Council, the Procurement Review Panel, Department of Health and Environmental Control, Health and Human Service Finance Commission, Second Injury Fund, State Fund, and all other boards or commissions that regulate professions. This prohibition also applies to partners or associates in the law firm of a member of the General Assembly. Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of such business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply. A member of the General Assembly who practices before a state board or commission not enumerated or referenced in this section shall abstain from any vote on the budget or confirmation of an appointment to that board or commission.
Section 8-13-480. (A) No state officer or employee may accept employment to represent a client or take a case before a state board or commission, not otherwise prohibited under Section 8-13-470, unless the officer or employee properly has filed the disclosure statement required by this section.
(B) A state officer or employee required to file a disclosure statement pursuant to this section must file, not later than ten days after accepting the employment or when first appearing before the state agency involved, whichever occurs first.
(C) A member of the General Assembly or a former member for one year following service in the General Assembly must file a disclosure statement pursuant to this section within ten days of accepting a client or employment to perform a service for a state agency other than the Legislature or a part of the legislative branch.
(D) The disclosure statement required by this section must be filed with the Secretary of State on a form prescribed and provided by the Secretary of State. An individual who files a statement may file an amended statement or, if permitted by the Secretary of State, amend the original filing at any time after the statement is filed originally. Upon filing, copies of each statement must be transmitted by the Secretary of State to the Clerk of the House of Representatives if the person filing is a member of the House or to the Clerk of the Senate if the person filing is a member of the Senate. A copy of every disclosure statement also must be transmitted by the Secretary of State to the state agency involved.
(E) The disclosure statement must be signed by the person required to file pursuant to this section and must include the name of the employer, the purpose of the employment, and the method of determining and computing the compensation for the employment.
(F) A person required to file a disclosure statement pursuant to this section may file a termination statement with the Secretary of State upon termination of that person's employment. The statement must be on a form prescribed and provided by the Secretary of State and must include the name of the employer, the state agency involved in the case, the date of the termination of employment, and compensation received by the state official or employee. The Secretary of State shall transmit a copy of the statement to the state agency involved.
(G) A person who intentionally fails to file a disclosure statement pursuant to this section, or who intentionally files a disclosure statement which contains a material misrepresentation or false or fraudulent statement, is subject to a fine not to exceed five thousand dollars.
Section 8-13-490. A member or officer of the General Assembly, either on his own initiative or at the request of a client, may communicate with an official or employee of a state agency to request information or a status report, urge prompt consideration of a matter, arrange for interviews or appointments, or express judgments. However, the member or officer may not make ex parte communications to an official or employee of a state agency when a matter is being adjudicated or is in a formal proceeding within the agency.
When making an inquiry as permitted by this section, the member or officer may in no way threaten retaliatory action if the agency fails to comply with the request.
Section 8-13-500. No person may attempt to coerce, command, or require a public official or employee to give money, service, or any thing of value to aid, promote, defeat, or influence a ballot issue or nomination or election of a person to public office. Nothing in this section is intended to restrict the right of a public employee to express his personal political views.
Section 8-13-510. No public official or public employee may advocate or cause the employment, appointment, promotion, transfer, or advancement of a close family member to a state or local office or position in which the official or employee serves, supervises, or manages."
Section 8-13-800. The following individuals shall file a statement of financial interest with the State Ethics Commission:
(1) a member of the General Assembly;
(2) candidates filing for the General Assembly or any other statewide or local public office;
(3) a statewide public official or a candidate filing for such office;
(4) an elected or appointed member of a state board, commission, or agency not considered advisory in nature;
(5) candidates filing for an office elected by the General Assembly;
(6) a person appointed to fill the unexpired term of an elective office;
(7) the chief administrative official or employee and the deputy or assistant administrative official or employee or director in a division, institution, or facility of an agency, department, or state government;
(8) the city administrative, city manager, or chief municipal administrative official or employee, by whatever title;
(9) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(10) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;
(11) all superintendents of education and school districts and county board of education members;
(12) the chief financial official or employee and the chief purchasing official or employee of each agency, institution, or facility of state, county, municipal government, or other political subdivisions, including, but not limited to, those named in item (9) of this section;
(13) all members of the judiciary including the Supreme Court, Court of Appeals, circuit and family courts, probate court, magistrates, and municipal judges.
Section 8-13-810. No one enumerated in Section 8-13-800, regardless of compensation, is allowed to take the oath of office or begin employment unless he has filed a statement of financial interest in accordance with the provisions of this article. Candidates for and members of the General Assembly also shall file copies of this statement with the respective Senate or House Ethics Committee; judicial officers with the Chief Justice of the Supreme Court; and local officials and employees with the clerk of court of their respective counties.
Section 8-13-820. (A) Each person filing a report pursuant to Section 8-13-800 shall include a full and complete statement containing:
(1) name, business or government address, and workplace telephone number;
(2) source, type, and amount of earned income from any source, excluding salary derived from current employment in state or local government, received during the preceding calendar year in the aggregate of one hundred dollars or more in value, specifically a retainer, consultant fees, commission, or legal fee paid to the public official or employee, partner, associate, officer, or employee or a member of the person's firm, partnership, or business enterprise paid by a regulated industry, lobbyist, lobbyist principal, or client with a direct interest in legislation during the preceding calendar year;
(3) source and type of unearned income consisting of dividends, interest, rent, and capital gains received during the preceding calendar year exceeding one hundred dollars in amount or value and within which category it falls:
(a) not more than one thousand dollars;
(b) greater than one thousand dollars but not more than two thousand, five hundred dollars;
(c) greater than two thousand, five hundred dollars but not more than five thousand dollars;
(d) greater than five thousand dollars but not more than fifteen thousand dollars;
(e) greater than fifty thousand dollars but not more than one hundred thousand dollars; or
(f) greater than one hundred thousand dollars;
(4) the source and a brief description of any gifts of transportation, lodging, food, or entertainment in the aggregate of two hundred fifty dollars or more in value received from any source other than a relative of the reporting individual during the preceding year, excluding gifts with a fair market value of fifty dollars or less and food, lodging, or entertainment received as personal hospitality of an individual;
(5) the source, a brief description, and the value of all gifts other than transportation, lodging, food, or entertainment in the aggregate of fifty dollars or more in value received from any source other than a relative of the reporting individual during the preceding calendar year, excluding gifts with a fair market value of thirty-five dollars or less;
(6) the source and a brief description of reimbursements received from any source in the aggregate of two hundred fifty dollars or more in value and received during the preceding calendar year;
(7) the identity and category of value of an interest in property held during the preceding calendar year in a trade or business, or for investment, or for the production of income, which has a fair market value which exceeds one thousand dollars as of the close of the preceding calendar year, excluding any personal liability owed to the reporting individual by a relative and any deposits in the aggregate of five thousand dollars or less in a personal savings account. A personal savings account includes a certificate of deposit or other forms of deposit in a bank, savings and loan association, credit union, or similar financial institution;
(8) the identity and category of value of the total liabilities owed to a creditor, other than a relative, which exceeds five thousand dollars at any time during the preceding calendar year including a revolving charge account with an outstanding liability exceeding five thousand dollars as of the close of the preceding calendar year, and excluding a mortgage secured by real property which is a personal residence of the reporting individual or his spouse or a loan secured by a personal motor vehicle, household furniture, or appliances, which does not exceed the purchase price of the item which secures it;
(9) a brief description, the date, and category of value of a purchase, sale, or exchange during the preceding calendar year which exceeds one thousand dollars in real property, other than property used solely as a personal residence of the reporting individual or his spouse or stocks, bonds, commodities future, and other forms of securities excluding a transaction solely by and between the reporting individual, his spouse, or dependent children;
(10) all positions held on or before the date of filing during the current calendar year as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of a corporation, company, firm, partnership, or other business enterprise, a nonprofit organization, a labor organization, or an educational institution excluding positions held in any religious, social, fraternal, or political entity and positions solely of an honorary nature;
(11) a description, the date, parties to, and terms of an agreement or arrangement for future employment, a leave of absence during the period of the reporting individual's government services, or continuation of payments by a former employer.
(B) The categories of value for reporting the financial information required by items (7), (8), and (9) of subsection (A) of this section are:
(a) not more than five thousand dollars;
(b) greater than five thousand dollars, but not more than fifteen thousand dollars;
(c) greater than fifteen thousand dollars but not more than fifty thousand dollars;
(d) greater than fifty thousand dollars but not more than one hundred thousand dollars;
(e) greater than one hundred thousand dollars but not more than two hundred fifty thousand dollars;
(f) greater than two hundred fifty thousand dollars.
(C) For the purposes of this section, if the current value of an interest in real property or an interest in a real estate partnership is not ascertainable without an appraisal, an individual may list the date of purchase and purchase price of the interest in real property or the assessed value of the real property for tax purposes. If the current value of any other item required to be reported is not ascertainable without an appraisal, the individual may list the book value of a corporation whose stock is not traded publicly, the net worth of a business partnership, the equity value of an individually owned business, or for other holdings, any recognized indication of value. A full and complete description of the method used in determining the value must be included in the report.
Section 8-13-830. (A) Each report also must contain the information required in Section 8-13-820 for the spouse or dependent children of the reporting individual, except that required by Section 8-13-820(A)(1) and except as provided in subsection (B) of this section.
(B) The report must include the source of earned income by a spouse which exceeds one thousand dollars. Only unearned income received by a spouse or dependent child if it exceeds one thousand dollars or more must be included. Gifts and their value, including gifts of transportation, food, lodging, and entertainment, received by a spouse or dependent child which are not independent totally of the spouse's or child's relationship to the reporting individual must be disclosed. Reimbursements, their source, and a brief description, received by a spouse which are not received totally independent of the spouse's relationship to the reporting individual must be disclosed.
(C) The reporting individual may exclude information required of a spouse or dependent child if the reporting individual certifies that the information is excluded because the financial interest is the spouse's or dependent child's sole financial interest or responsibility, and the reporting individual has no knowledge of the information required; or the financial interest is not in any way derived from the income, assets, or activities of the reporting individual and from which the reporting individual neither derives, nor expects to derive, any financial or economic benefit.
Section 8-13-840. This article does not require the disclosure of financial information concerning the following:
(1) a spouse living separate and apart from the public official or public employee with the intent to terminate the marriage;
(2) a former spouse or emancipated child;
(3) a gift from a family member;
(4) a campaign contribution that is permitted and reported under Article 1 of this chapter;
(5) any income or obligation of an individual arising from the dissolution of his marriage.
Section 8-13-850. (A) No later than April fifteenth of each year, the financial disclosure statement must be filed for the preceding calendar year complete through December thirty-first, except:
(1) in the case of an individual nominated to be a public official, no later than thirty days after the nomination;
(2) in the case of a candidate to become a public official, at the time of filing for the public office;
(3) in the case of a public employee required to file under Section 8-13-800 employed after January first, the latter of April fifteenth or thirty days after employment.
(B) Those members of the General Assembly and those officers and employees of the General Assembly required to file under Section 8-13-800 must file a copy with the respective House or Senate Ethics Committee. The Ethics Committees of the General Assembly shall establish procedures for reviewing these statements to determine whether they are complete and in proper form. If not filed properly, they shall inform the reporting individual and direct him to take necessary corrective actions.
Section 8-13-860. The commission may grant a reasonable extension of time for filing a financial disclosure statement. The extension may not exceed thirty days, except in case of illness or incapacitation. A financial disclosure statement becomes a public record available fifteen days after receipt by the commission. A statement may be reviewed or copied at the commission office during ordinary business hours. A person requesting a copy of a report may be required to pay a reasonable fee to cover the cost of reproduction or mailing, excluding the salary of an employee involved in the reproduction or mailing.
A report filed under this chapter with the commission must be available to the public for five years after receipt of the report. After the five-year period the report may be destroyed unless needed in an ongoing investigation; except that in the case of an individual who filed the report pursuant to becoming a candidate for public office and was not elected, the reports may be destroyed one year after the individual is no longer a candidate for election to the office unless needed in an ongoing investigation.
Section 8-13-870. The Attorney General may bring a civil action against an individual who knowingly and wilfully falsifies, or who knowingly and wilfully fails to file or report any information that the individual is required to report pursuant to Section 8-13-820 and is subject to a civil penalty in an amount not to exceed two thousand dollars."
SECTION 6. The members of the State Ethics Commission serving on this act's effective date continue to serve until the expiration of their terms as provided for in Section 8-13-110 before amendment by this act. These members shall serve until their successors are appointed and qualify and may serve one full five-year term under the provisions of this act. The initial appointments for the at-large members of the commission created by this act must be for a one, two, or three-year term but these at-large members are eligible subsequently for a full five-year term.
SECTION 7. This act takes effect January 1, 1992, except Section 8-13-150 which takes effect and applies to campaign contributions received after December 31, 1991.