South Carolina General Assembly
110th Session, 1993-1994

Bill 416


                    Current Status

Introducing Body:               Senate
Bill Number:                    416
Ratification Number:            212
Primary Sponsor:                McConnell
Type of Legislation:            GB
Subject:                        Statement of economic
                                interest
Date Bill Passed both Bodies:   19930601
Computer Document Number:       JIC/5314HC.93
Governor's Action:              V
Date of Governor's Action:      19930616
Introduced Date:                19930211
Date of Last Amendment:         19930525
Last History Body:              Senate
Last History Date:              19930625
Last History Type:              Veto sustained
Action on Governor's Veto:      S
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Rose
Type of Legislation:            General Bill

History


Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
416    Senate  19930625      Veto sustained
416    ------  19930616      Vetoed by Governor
416    ------  19930610      Ratified R 212
416    House   19930601      Concurred in Senate
                             amendment, enrolled for
                             ratification
416    Senate  19930526      Returned to House with
                             amendment
416    Senate  19930525      House amendments amended
416    House   19930519      Read third time, returned to
                             Senate with amendment
416    House   19930518      Amended, read second time
416    House   19930513      Amended, debate adjourned
                             until Tuesday, May 18, 1993
416    House   19930512      Debate adjourned until
                             Thursday, May 13, 1993
416    House   19930511      Debate adjourned until
                             Wednesday, May 12, 1993
416    House   19930505      Debate adjourned until
                             Tuesday, May 11, 1993
416    House   19930504      Debate adjourned until
                             Wednesday, May 5, 1993
416    House   19930429      Debate adjourned until
                             Tuesday, May 4, 1993
416    House   19930422      Committee Report: Favorable     25
                             with amendment
416    House   19930323      Introduced, read first time,    25
                             referred to Committee
416    Senate  19930318      Amended, read third time,
                             sent to House
416    Senate  19930304      Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
416    Senate  19930303      Committee Report: Favorable     11
                             with amendment
416    Senate  19930211      Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


(Rxxx, S416)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1125 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 ON CONTENTS OF STATEMENT OF ECONOMIC INTERESTS UNDER ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM DO NOT APPLY TO AN EVENT TO WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE THAT THE HOUSE AND SENATE INVITATIONS COMMITTEES SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND SECTION 2-17-65, AS AMENDED, RELATING TO REVIEW OF REPORTS, AUDITS OF LOBBYISTS AND LOBBYISTS' PRINCIPALS, AND NOTICE TO THE ATTORNEY GENERAL OF FAILURE TO FILE REQUIRED REPORTS, SO AS TO DELETE THE NOTICE PROVISIONS CONCERNING THE ATTORNEY GENERAL AND REQUIRE THE FILING OF A COMPLAINT AGAINST THE OFFENDING PERSON IN ACCORDANCE WITH CERTAIN PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN, SO AS TO REDEFINE "CANDIDATE" AND "ELECTION", AND DEFINE "STATE BOARD, COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS CONTAINED IN SECTION 8-13-320; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE REGISTRATION OF LOBBYISTS AND LOBBYISTS'S PRINCIPALS TO OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF A COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED, RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE WITH AN OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD OF CONTRACTS AWARDED THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS, SO AS TO DELETE REFERENCE TO "CONSULTANT"; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, REFERENCE PERSONAL PROPERTY, AND INCLUDE PROVISIONS WHEREIN A CREDITOR IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S AGENCY OR DEPARTMENT; TO AMEND SECTION 8-13-1150, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY CERTAIN CONSULTANTS, SO AS TO DELETE REFERENCE TO "STATEMENT OF ECONOMIC INTERESTS"; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS KNOWLEDGE OF SUCH SOLICITATION, AND PROVIDE THAT "ELECTION" ALSO MEANS AN ELECTION AT WHICH A BALLOT MEASURE OR REFERENDUM APPEARS ON THE BALLOT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTIFIED CAMPAIGN REPORTS AND COPIES THEREOF AND STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE FOR THE FORWARDING OF A COPY OF ALL CAMPAIGN REPORTS RECEIVED BY THE STATE ETHICS COMMISSION TO THE STATE ELECTION COMMISSION AND CLERK OF COURT IN THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN FIVE, RATHER THAN TWO, DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE AN ELECTION AND EXCEPTIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A PUBLIC AGENCY TO PREPARE INFORMATIONAL MATERIALS, CONDUCT PUBLIC MEETINGS, OR RESPOND TO NEWS MEDIA OR CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE AFFECTING THAT PUBLIC AGENCY; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON, RATHER THAN "A PERSON", AND APPLY THE SECTION TO MAKING AN EXPENDITURE, RATHER THAN AN "INDEPENDENT EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR PETITION FOR NOMINATION, NO LATER THAN FIVE BUSINESS DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE STATEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN RICHLAND COUNTY; TO REPEAL SECTION 2-17-70, RELATING TO THE LAWS ON LOBBYISTS AND LOBBYING AND INVESTIGATION BY THE ATTORNEY GENERAL OF ALLEGED FAILURE TO FILE ANY STATEMENT OR REPORT REQUIRED BY CHAPTER 17, TITLE 2; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND FILING IN THE PERSON'S COUNTY OF RESIDENCE, SO AS TO CHANGE THE TIME WHEN THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION FROM "WITHIN TWO BUSINESS DAYS OF RECEIPT" TO "WITHIN FIVE BUSINESS DAYS OF RECEIPT"; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS FOLLOWING THE END OF EACH CALENDAR QUARTER IN WHICH CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT PURSUANT TO SECTION 8-13-1370; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTIFIED CAMPAIGN REPORTS AND COPIES THEREOF AND STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO ALLOW THE COMMISSION TO ISSUE SUBPOENAS FOR THE PROCUREMENT OF WITNESSES AND MATERIALS, INCLUDING BOOKS, PAPERS, RECORDS, DOCUMENTS, OR OTHER TANGIBLE OBJECTS RELEVANT TO THE AGENCY'S INVESTIGATION BY APPROVAL OF THE CHAIRMAN, RATHER THAN BY AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED TO THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR INVITATION PURELY INCIDENTAL TO THE SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON LOBBYISTS AND LOBBYING, SO AS TO PROVIDE A DEFINITION FOR THE TERM "OFFICIAL CAPACITY"; TO AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC OFFICIALS AND EMPLOYEES RECEIVING COMPENSATION FOR SPEAKING BEFORE AUDIENCES AND EXCEPTION AND RULES FOR PAYMENT OF EXPENSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH A SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS OF NOMINAL VALUE AND INCIDENTAL TO THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO PROVIDE A DEFINITION OF "OFFICIAL CAPACITY"; TO AMEND SECTION 8-13-715, AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT A PUBLIC OFFICIAL OR PUBLIC MEMBER IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH A SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS OF NOMINAL VALUE AND INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND THAT ANY PUBLIC OFFICIAL OR PUBLIC MEMBER SHALL DISCLOSE ON HIS STATEMENT OF ECONOMIC INTERESTS THE ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES, THE AMOUNT OF SUCH PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-717 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY PUBLIC EMPLOYEE WHO ACCEPTS HONORARIA, COMPENSATION, OR REIMBURSEMENT OF ACTUAL EXPENSES FOR SPEAKING TO A PUBLIC OR PRIVATE GROUP SHALL DISCLOSE ON HIS STATEMENT OF ECONOMIC INTERESTS THE ORGANIZATION WHICH PROVIDED THE HONORARIA, COMPENSATION, OR REIMBURSEMENT, THE AMOUNT OF SUCH PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; AND TO PROVIDE THAT ANY CHANGES IN REPORTING REQUIREMENTS FOR STATEMENTS OF ECONOMIC INTERESTS MADE BY THIS ACT SHALL APPLY ONLY TO TRANSACTIONS OCCURRING ON OR AFTER JANUARY 1, 1994.

Be it enacted by the General Assembly of the State of South Carolina:

Reporting requirements inapplicable

SECTION 1. Article 11, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation:

(1) was extended to the member of the General Assembly by virtue of his membership in an authorized group pursuant to Section 2-17-90(A)(1); (2) was in writing; and

(3) was delivered to the chairman of an authorized group other than the entire membership of the House, Senate, or General Assembly prior to the actual event for which the invitation was extended, or if the invitation was extended to the entire membership of the House, Senate, or General Assembly, the invitation was delivered to the House or Senate Invitations Committee pursuant to House or Senate rules."

List of accepted invitations

SECTION 2. The 1976 Code is amended by adding:

"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."

Notice to Attorney General deleted, etc.

SECTION 3. Section 2-17-65(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State, upon a finding of probable cause, shall file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."

"Candidate" and "election"

SECTION 4. Section 8-13-100(5) and (12), of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(5) `Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

"(12) `Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate;

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d) an election at which a ballot measure or referendum appears on the ballot."

"State board, commission, or council" defined

SECTION 5. Section 8-13-100, of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(30) `State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."

Administrative hearing process, etc.

SECTION 6. The first seven lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Article 17, Chapter 2 and, upon complaint by an individual, of an alleged violation of this chapter by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in this section."

Ethics Commission, retention of fees

SECTION 7. The 1976 Code is amended by adding:

"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."

Agency, etc., of county, municipality redefined

SECTION 8. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a) as required by law; or

(b) before a court under the unified judicial system.

(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

"Entity on same level of government" redefined

SECTION 9. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

(a) as required by law;

(b) before a court under the unified judicial system; or

(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing." Award of certain contracts not prohibited

SECTION 10. Section 8-13-775 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."

Reference to "consultant" deleted

SECTION 11. Section 8-13-1110(B)(12) of the 1976 Code, as last amended by Act 248 of 1991, is deleted.

Personal property; provisions deleted, added

SECTION 12. Section 8-13-1120(A)(4), as last amended by Act 248 of 1991, is deleted, and Section 8-13-1120(A)(3)(b), and the first five lines of (6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(b) if a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;

(6)(a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"

Reference to "statement of economic interests" deleted

SECTION 13. Section 8-13-1150 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1150. A consultant must file a statement for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:

(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or

(2) where the entity was awarded a contract by the consultant."

Time period extended

SECTION 14. Section 8-13-1160(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) Within five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."

"Candidate" and write-in votes

SECTION 15. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(4) `Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

"Election" and ballot measure or referendum

SECTION 16. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(9) `Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate;

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or

(d) an election at which a ballot measure or referendum appears on the ballot."

Time extended

SECTION 17. Section 8-13-1310(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."

Expenditure of certain public resources allowed

SECTION 18. Section 8-13-1346 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1346. A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member. This section does not prohibit the expenditure of public resources by a public agency to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that public agency."

Application of section expanded

SECTION 19. Section 8-13-1354 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

Time for filing statement changed

SECTION 20. Section 8-13-1356(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination , no later than five business days after candidacy books close , must file a copy of the statement with the appropriate supervisory office."

Place where failure to file occurs

SECTION 21. The 1976 Code is amended by adding:

"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."

Provisions repealed

SECTION 22. Section 2-17-70 of the 1976 Code is repealed.

Time for filing changed

SECTION 23. Section 8-13-1160 (A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt."

Filing of additional certified campaign reports, etc.

SECTION 24. Section 8-13-1308 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election.

(B)Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.

(C)Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D) (1) The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever is greater, in excess of:

(a) ten thousand dollars in the case of a candidate for statewide office; or

(b) two thousand dollars in the case of a candidate for any other office.

(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.

(E) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

Time for filing changed

SECTION 25. Section 8-13-1310 (B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt."

Method for issuing subpoenas changed

SECTION 26. Section 8-13-320(10)(f) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."

Acceptance of certain lodging, food, etc., allowed

SECTION 27. Section 2-17-90 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:

"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse is receiving the lodging, transportation, entertainment, food, meals, beverages, or invitation purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."

Reference provided to new subsection

SECTION 28. Section 2-17-90(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."

Definition added

SECTION 29. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:

"( ) `Official capacity' means activities which:

(a) arise because of the position held by the public official or public employee;

(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and

(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."

Receipt of valuable item for speaking; meals; etc.

SECTION 30. Section 2-17-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 2-17-100. A public official, public member, or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official, public member, or public employee who is required to file a statement of economic interests under Section 8-13-1100. Any public official, public member, or public employee shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public official, public member, or public employee who does not file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated."

"Official capacity" defined

SECTION 31. Section 8-13-100 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:

"( ) `Official capacity' means activities which:

(a) arise because of the position held by the public official, public member, or public employee;

(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and

(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."

Accepting a meal allowed; disclosure; etc.

SECTION 32. Section 8-13-715 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-715. A public official, or public member acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official or public member is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is of nominal value and incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public member may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. Any public official or public member shall disclose on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement."

Provisions added on disclosure of honoraria, etc.

SECTION 33. The 1976 Code is amended by adding:

"Section 8-13-717. Notwithstanding any other provision of law, any public employee who accepts honoraria, compensation, or reimbursement of actual expenses for speaking to a public or private group shall disclose on his statement of economic interests the organization which provided the honoraria, compensation, or reimbursement, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. Any public employee who does not file a statement of economic interests but who accepts honoraria, compensation, or reimbursement for speaking to a public or private group shall report this same information in writing to the chief administrative official or employee of the agency with which he or she is associated."

Time effective

SECTION 34. This act takes effect upon approval by the Governor, except any changes in reporting requirements for statements of economic interests pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1994.

In the Senate House _________________________________.

_______________________________________

President of the Senate

_______________________________________

Speaker of the House of Representatives

Approved the _______ day of __________________, 1993.

_______________________________________

Governor

Printer's Date -- June 8, 1993 -- S.

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