South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 69

STATUS INFORMATION

General Bill
Sponsors: Senators Rankin, Campsen, McConnell, Knotts, Cleary, Fair and Elliott
Document Path: l:\s-res\lar\002ethi.kmm.doc
Companion/Similar bill(s): 3226

Introduced in the Senate on January 9, 2007
Introduced in the House on February 14, 2007
Last Amended on February 8, 2007
Currently residing in the House Committee on Judiciary

Summary: Recusal by public official

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/29/2006  Senate  Prefiled
  11/29/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-55
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-55
   1/17/2007  Senate  Referred to Subcommittee: Moore (ch), Ford, Mescher, 
                        Rankin, Scott
    2/7/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-31
    2/8/2007  Senate  Amended SJ-17
    2/8/2007  Senate  Read second time SJ-17
   2/13/2007  Senate  Read third time and sent to House SJ-17
   2/14/2007  House   Introduced and read first time HJ-5
   2/14/2007  House   Referred to Committee on Judiciary HJ-5

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/29/2006
2/7/2007
2/8/2007
2/8/2007-A

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 8, 2007

S. 69

Introduced by Senators Rankin, Campsen, McConnell, Knotts, Cleary, Fair and Elliott

S. Printed 2/8/07--S.

Read the first time January 9, 2007.

            

A BILL

TO AMEND SECTION 8-13-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR OCCUPATION, AND TO ELIMINATE THE PROHIBITION AGAINST AN INDIVIDUAL OR BUSINESS WITH WHOM A MUNICIPAL OR COUNTY PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THE MUNICIPALITY OR COUNTY.

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

SECTION    1.    Section 8-13-740(A) of the 1976 Code is amended by adding the following numbered subsections to read:

"(8)    A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not 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 of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.

(9)    Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."

SECTION    2.    Section 8-13-740(A)(4) of the 1976 Code is 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."

SECTION    3.    Section 8-13-740(A)(5) of the 1976 Code is amended to read:

"(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."

SECTION    4.    This act takes effect upon approval by the Governor.

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