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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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