South Carolina General Assembly
123rd Session, 2019-2020

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Indicates New Matter

H. 3108

STATUS INFORMATION

General Bill
Sponsors: Reps. Ballentine, Magnuson, Morgan and Yow
Document Path: l:\council\bills\nbd\11043dg19.docx

Introduced in the House on January 8, 2019
Currently residing in the House Committee on Judiciary

Summary: Not yet available

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2018  House   Prefiled
  12/18/2018  House   Referred to Committee on Judiciary
    1/8/2019  House   Introduced and read first time (House Journal-page 90)
    1/8/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 90)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO REQUIRE THAT BEFORE TAKING A PUBLIC OFFICE IN THIS STATE, A PERSON SHALL AGREE THAT IF THE PERSON IS CONVICTED OF, PLEADS GUILTY OR NOLO CONTENDERE TO CERTAIN CRIMES, AND WHICH STEMMED FROM ACTIVITIES THAT OCCURRED WHILE THE PERSON WAS IN OFFICE, THEN THE PERSON FORFEITS RETIREMENT BENEFITS ATTRIBUTABLE TO THE PERSON'S SERVICE IN OFFICE, AND TO SPECIFY THAT THE FORFEITURE PROVISIONS ONLY APPLY TO SERVICE FOR WHICH THE PERSON WAS ELECTED OR APPOINTED, OR REELECTED OR REAPPOINTED, AFTER JULY 1, 2019.

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

SECTION    1.    Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-110.    (A)    Before taking a public office in this State, a person shall agree that if the person is convicted of, pleads guilty or nolo contendere to a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws, and which stemmed from activities that occurred while the person was in office, then the person forfeits retirement benefits attributable to the person's service in office. If the provisions of this section are utilized, the applicable retirement system shall refund the person's employee contributions attributable to the person's service in office.

(B)    This section only applies to service in public office for which the person was elected or appointed, or reelected or reappointed, after July 1, 2019.

(C)    For purposes of this section:

(1)    'Public office' means any office of this State or political subdivision of this State, including school districts, for which the person was elected or appointed.

(2)    'Retirement benefits' means any benefit received by any retirement system administered pursuant to this title."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 18, 2019 at 10:45 AM