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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
May 25, 2006
H. 4410
S. Printed 5/25/06--S.
Read the first time March 1, 2006.
TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1510 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"Section 8-13-1510. (A) Except as otherwise specifically provided in this chapter, a person, other than an individual, required to file a report or statement under pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars per each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed.
(B) Except as otherwise specifically provided in this chapter, an individual required to file a report or statement pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; and
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars each day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed, not to exceed five thousand dollars."
SECTION 2. Section 8-13-740 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) No public official, public member, or public employee shall be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict is given and the public official, public member, or public employee recuses himself from the vote on the matter that is the subject of the conflict of interest."
SECTION 3. This act takes effect upon approval by the Governor and applies retroactively to those civil penalties pending with the Ethics Commission for a violation of the provisions of Section 1 before the effective date of this act.
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