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Indicates Matter Stricken
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S. 1229
STATUS INFORMATION
General Bill
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0045.gfm.doc
Introduced in the Senate on March 8, 2006
Currently residing in the Senate Committee on Judiciary
Summary: General Assembly
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/8/2006 Senate Introduced and read first time SJ-12
3/8/2006 Senate Referred to Committee on Judiciary SJ-12
3/8/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
4/26/2006 Senate Polled out of committee Judiciary SJ-25
4/26/2006 Senate Committee report: Favorable with amendment Judiciary
SJ-25
5/17/2006 Senate Recommitted to Committee on Judiciary SJ-38
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
April 26, 2006
S. 1229
S. Printed 4/26/06--S.
Read the first time March 8, 2006.
To whom was referred a Bill (S. 1229) to amend Section 8-13-745, Code of Laws of South Carolina, 1976, relating to representation of clients by members of the General Assembly, so as to prohibit, etc., respectfully
Has polled the Bill out with amendment, to wit:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 1-23-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNICATIONS BY MEMBERS OR EMPLOYEES OF AN AGENCY ASSIGNED TO DECIDE CONTESTED CASES, SO AS TO CLARIFY THAT MEMBERS OF THE GENERAL ASSEMBLY MUST NOT COMMUNICATE WITH MEMBERS OR EMPLOYEES OF THE AGENCY WITH RESPECT TO PENDING CASES EXCEPT IN LIMITED CIRCUMSTANCES AND TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO MEMBERS OR STAFF OF THE JUDICIAL MERIT SELECTION COMMISSION WHILE ACTING IN THEIR OFFICIAL CAPACITY OR PERFORMING OFFICIAL DUTIES ASSOCIATED WITH THE JUDICIAL MERIT SELECTION COMMISSION; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS BY MEMBERS OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN A PARTICULAR SITUATION, SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OR EMPLOYEE OF ANY COURT IN THE UNIFIED JUDICIAL SYSTEM, AN AGENCY, A COMMISSION, BOARD, DEPARTMENT, OR OTHER ENTITY REGARDING ANY PENDING CASE EXCEPT AS A COUNSEL TO A LITIGANT, AS A WITNESS, OR AS A PRO SE LITIGANT AS PERMITTED BY THE SOUTH CAROLINA APPELLATE COURT RULES AND TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO MEMBERS OR STAFF OF THE JUDICIAL MERIT SELECTION COMMISSION WHILE ACTING IN THEIR OFFICIAL CAPACITY OR PERFORMING OFFICIAL DUTIES ASSOCIATED WITH THE JUDICIAL MERIT SELECTION COMMISSION; TO AMEND SECTION 8-13-785, RELATING TO COMMUNICATION BY ELECTED OFFICIALS WITH STATE BOARDS OR COMMISSIONS ON BEHALF OF CONSTITUENTS, SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR OTHER ELECTED OFFICIAL OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OR EMPLOYEE OF ANY COURT IN THE UNIFIED JUDICIAL SYSTEM, AN AGENCY, A COMMISSION, BOARD, DEPARTMENT, OR OTHER ENTITY REGARDING ANY PENDING CASE EXCEPT IN LIMITED CIRCUMSTANCES AND TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO MEMBERS OR STAFF OF THE JUDICIAL MERIT SELECTION COMMISSION WHILE ACTING IN THEIR OFFICIAL CAPACITY OR PERFORMING OFFICIAL DUTIES ASSOCIATED WITH THE JUDICIAL MERIT SELECTION COMMISSION; AND TO ADD SECTION 14-1-165 SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OF OR STAFF PERSON WITHIN THE UNIFIED JUDICIAL SYSTEM REGARDING ANY PENDING CASE EXCEPT IN LIMITED CIRCUMSTANCES AND TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO MEMBERS OR STAFF OF THE JUDICIAL MERIT SELECTION COMMISSION WHILE ACTING IN THEIR OFFICIAL CAPACITY OR PERFORMING OFFICIAL DUTIES ASSOCIATED WITH THE JUDICIAL MERIT SELECTION COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
/ SECTION 1. Section 1-23-360 of the 1976 Code is amended to read:
"Section 1-23-360. (A) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member:
(1) May may communicate with other members of the agency; and
(2) May may have the aid and advice of one or more personal assistants.
(B) No member of the General Assembly or other elected official, individual with whom he is associated, or business with which he is associated shall communicate with any member or employee of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case regarding any pending case except as counsel to a litigant in the case, as a witness in a proceeding, or as a pro se litigant, and then only as permitted under the Rules of Professional Conduct of the South Carolina Appellate Court Rules. A member of the General Assembly is not prohibited from communicating with a member or employee of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters so long as the member of the General Assembly or other elected official, individual with whom he is associated, or business with which he is associated is not representing the constituent for compensation. The prohibition in this subsection shall not apply to members or staff of the Judicial Merit Selection Commission while acting in their official capacity or performing official duties associated with the Judicial Merit Selection Commission.
(C) Any person who violates the provisions of this section shall be deemed considered guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred fifty dollars or imprisoned for not more than six months."
SECTION 2. Section 8-13-745 of the 1976 Code is amended to read:
"Section 8-13-745. (A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may shall represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.
(B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may shall represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may shall enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.
(D) The Except as provided in subsection (E), the provisions of this section do not apply to any court in the unified judicial system.
(E) No member of the General Assembly, individual with whom he is associated, or business with which he is associated shall communicate with any member or employee of any court in the unified judicial system, an agency, a commission, board, department, or other entity regarding any pending case except as counsel to a litigant in the case, as a witness in a proceeding, or as a pro se litigant, and then only as permitted under the Rules of Professional Conduct of the South Carolina Appellate Court Rules. A member of the General Assembly is not prohibited from communicating with a member or employee of a court in the unified judicial system, an agency, commission, board, department, or other entity on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters so long as the member of the General Assembly, individual with whom he is associated, or business with which he is associated is not representing the constituent for compensation. The prohibition in this subsection shall not apply to members or staff of the Judicial Merit Selection Commission while acting in their official capacity or performing official duties associated with the Judicial Merit Selection Commission.
(F) When a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.
(F)(G) The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992."
SECTION 3. Section 8-13-785 of the 1976 Code is amended to read:
"Section 8-13-785. (A) No member of the General Assembly or other elected official, individual with whom he is associated, or business with which he is associated shall communicate with any member or employee of any court in the unified judicial system, an agency, a commission, board, department, or other entity regarding any pending case except as counsel to a litigant in the case, as a witness in a proceeding, or as a pro se litigant, and then only as permitted under the Rules of Professional Conduct of the South Carolina Appellate Court Rules. The prohibition in this subsection shall not apply to members or staff of the Judicial Merit Selection Commission while acting in their official capacity or performing official duties associated with the Judicial Merit Selection Commission.
(B) Nothing in Chapter 13 of Title 8 prevents an a member of the General Assembly or other elected official from communicating with a board or commission member or employee of any court in the unified judicial system, an agency, a commission, board, department, or other entity on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the so long as the member of the General Assembly or other elected official, an individual with whom the elected official he is associated, or a business with which the elected official he is associated is not representing the constituent for compensation."
SECTION 4. Chapter 1, Title 14 of the 1976 Code is amended by adding:
"Section 14-1-165. No member of the General Assembly or other elected official, individual with whom he is associated, or business with which he is associated shall communicate with any member or employee of any court in the unified judicial system regarding any pending case except as counsel to a litigant in the case, as a witness in a proceeding, or as a pro se litigant, and then only as permitted under the Rules of Professional Conduct of the South Carolina Appellate Court Rules. A member of the General Assembly or other elected official is not prohibited from communicating with a member or employee of a court in the unified judicial system, an agency, a commission, a board, a department, or other entity on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters so long as the member of the General Assembly or other elected official, individual with whom he is associated, or business with which he is associated is not representing the constituent for compensation. The prohibition in this subsection shall not apply to members or staff of the Judicial Merit Selection Commission while acting in their official capacity or performing official duties associated with the Judicial Merit Selection Commission."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF CLIENTS BY MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROHIBIT ANY MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE FROM COMMUNICATING WITH ANY MEMBER OF OR STAFF PERSON WITHIN THE UNIFIED JUDICIAL SYSTEM, AN AGENCY, A COMMISSION, BOARD, DEPARTMENT, OR OTHER ENTITY REGARDING ANY PENDING CASE EXCEPT AS A COUNSEL TO A LITIGANT, AS A WITNESS, OR AS A PRO SE LITIGANT AS PERMITTED BY THE SOUTH CAROLINA APPELLATE COURT RULES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-745 of the 1976 Code is amended to read:
"Section 8-13-745. (A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may shall represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.
(B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may shall represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may shall enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.
(D) The provisions of this section do not apply to any court in the unified judicial system.
(E) No member of the General Assembly or an individual with whom he is associated or business with which he is associated shall communicate with any member of or staff person within the unified judicial system, an agency, a commission, board, department, or other entity regarding any pending case except as counsel to a litigant in the case, or as a witness in a proceeding, or as a pro se litigant, except to ask that a hearing be held as provided by law, and then only as permitted under the Rules of Professional Conduct of the South Carolina Appellate Court Rules. The prohibition in this subsection shall not apply to members or staff of the Judicial Merit Selection Commission while acting in their official capacity or performing official duties associated with the Judicial Merit Selection Commission.
(E)(F) When a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.
(F)(G) The provisions of subsections (A), (B), and (C), and (E) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992."
SECTION 2. This act takes effect upon approval by the Governor.
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