South Carolina General Assembly
117th Session, 2007-2008

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Bill 69

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 7, 2007

S. 69

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

S. Printed 2/7/07--S.

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 69) to amend Section 8-13-740 of the 1976 Code, relating to representation of another by a public official, member, or employee before a governmental entity, etc., respectfully

REPORT:

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, by striking the bill in its entirety and inserting therein:

/    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.        /

THOMAS L. MOORE for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill by the State Ethics Commission indicates there will no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 8-13-740 OF THE 1976 CODE, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, TO PROVIDE THAT WHEN AN ASSOCIATE OR BUSINESS WITH WHICH A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED REPRESENTS A PERSON BEFORE ANY GOVERNMENTAL AGENCY, UNIT, OR SUBUNIT FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS OFFICIAL RESPONSIBILITY, THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE DOES NOT HAVE TO RESIGN OR VACATE HIS SEAT OR POSITION IF HE DISCLOSES THE CONFLICT OF INTEREST AND RECUSES HIMSELF FROM THE VOTE ON THE MATTER THAT IS THE SUBJECT OF THE CONFLICT OF INTEREST.

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

SECTION    1.    Section 8-13-740 of the 1976 Code is amended by adding an appropriately lettered new 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 of interest 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    2.    This act takes effect upon approval by the Governor.

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