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COMMITTEE REPORT
March 26, 2008
S. 11
Introduced by Senators Hayes, Vaughn, Richardson, Mescher and Fair
S. Printed 3/26/08--S.
Read the first time January 9, 2007.
To whom was referred a Bill (S. 11) to amend Section 8-13-1120, Code of Laws of South Carolina, 1976, relating to the contents of the statement of economic interests, to clarify that a public official, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, by striking lines 35-39 and inserting:
/ "(9) the source and a brief description of any gifts, including transportation, lodging, food, or entertainment, or anything of value worth twenty-five dollars or more in a day or worth two hundred dollars or more in the aggregate received during the preceding calendar year from: /
Amend the bill further, as and if amended, page 2, after line 29, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 8-13-740(B) of the 1976 Code is amended to read:
"(B) A member of the General Assembly, when he, an individual with whom he is associated, or a business with which he is associated represents a client for compensation as permitted by subsection (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities." /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
A review of this bill by the State Ethics Commission indicates there will be no impact on the General Fund of the State or on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 8-13-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, TO CLARIFY THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS REQUIRED TO REPORT THE SOURCE OF ANY GIFTS, INCLUDING TRANSPORTATION, LODGING, FOOD, ENTERTAINMENT, OR ANYTHING OF VALUE WORTH TWENTY-FIVE DOLLARS OR MORE IN A DAY OR WORTH TWO HUNDRED DOLLARS OR MORE IN THE AGGREGATE IN A CALENDAR YEAR; AND TO AMEND SECTION 8-13-1302, RELATING TO A CANDIDATE'S MAINTENANCE OF RECORDS OF CONTRIBUTIONS, CONTRIBUTORS, AND EXPENDITURES, TO DELETE THE REQUIREMENT THAT THE CANDIDATE MUST MAINTAIN AND PRESERVE AN ACCOUNT OF THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1120(A)(9) of the 1976 Code, is amended to read:
"(9) the source and a brief description of any gifts, including transportation, lodging, food, or entertainment, or anything of value worth twenty-five dollars or more in a day or worth two hundred dollars or more in the aggregate in a calendar year received during the preceding calendar year from:
(a) a person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position; or
(b) a person, or from an officer or director of a person, if the public official or public employee has reason to believe the person:
(i) has or is seeking to obtain contractual or other business or financial relationship with the official's or employee's agency; or
(ii) conducts operations or activities which are regulated by the official's or employee's agency if the value of the gift is twenty-five dollars or more in a day or if the value totals, in the aggregate, two hundred dollars or more in a calendar year."
SECTION 2. Section 8-13-1302(A) of the 1976 Code, is amended to read:
"(A) A candidate, committee, or ballot measure committee must maintain and preserve an account of:
(1) the total amount of contributions accepted by the candidate, committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the amount and date of receipt of each contribution;
(3) the total amount of expenditures made by or on behalf of the candidate, committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation of each person making a contribution."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
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