Indicates Matter Stricken

Indicates New Matter

 

As Passed By The Senate

May 13, 2026

 

H. 3570

 

Introduced by Reps. Bannister, Spann-Wilder, W. Newton, C. Mitchell, Bowers and Calhoon

 

S. Printed 5/13/26--S.

Read the first time February 13, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-100, RELATING TO DEFINITIONS, SO AS TO AMEND "PUBLIC MEMBER" TO INCLUDE A PERSON NOMINATED AND APPOINTED TO A NONCOMPENSATED PART-TIME POSITION ON A BOARD, COMMISSION, OR COUNCIL; BY ADDING SECTION 8-13-1100 SO AS TO OUTLINE RESPONSIBILITIES FOR DISCLOSING ECONOMIC INTERESTS; BY AMENDING SECTION 8-13-1110, RELATING TO STATEMENTS OF ECONOMIC INTERESTS, SO AS TO ADDRESS AGENCY REQUIREMENTS FOR FILING DISCLOSURE FORMS; BY AMENDING SECTION 8-13-1170, SO AS TO PROVIDE THAT A PUBLIC MEMBER WHO FILES THE INITIAL STATEMENT OF ECONOMIC INTERESTS WITHIN TEN DAYS AFTER NOTICE FROM THE STATE ETHICS COMMISSION SHALL NOT BE IN VIOLATION OF CHAPTER 13, TITLE 8; AND BY AMENDING SECTION 8-13-1356, RELATING TO FILING DEADLINES FOR ECONOMIC INTERESTS STATEMENTS, SO AS TO PROVIDE WHEN CERTAIN CANDIDATES FOR ELECTIVE OFFICE MUST FILE A STATEMENT OF ECONOMIC INTERESTS.

 

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

 

SECTION 1.  Section 8-13-100(26) of the S.C. Code is amended to read:

 

    (26) "Public member" means an individual nominated and appointed to a noncompensated part-time position on a board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services.

 

SECTION 2.  Section 8-13-100(27) of the S.C. Code is amended to read:

 

    (27) "Public official" means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereof, including candidates for the office, and the head of each certified state political party.  "Public official" does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter.

 

SECTION 3.  Article 11, Chapter 13, Title 8 of the S.C. Code is amended by adding:

 

    Section 8-13-1100.     (A) Between January 1 and January 15 of each calendar year, each governmental entity must file an Entity Listing form with the State Ethics Commission. This form, prescribed by the commission, must provide the names, addresses, and statement of economic interests filing status for the governmental entity's public officials, public members, public employees, and any additional persons associated with the governmental entity who are required to file a statement of economic interests.

    (B) When a person required to file a statement of economic interests leaves his office, position or employment, his governmental entity shall notify the State Ethics Commission, in writing, within thirty days of the person's name and address and date of separation from the governmental entity.

    (C) When a person is employed by, contracts with, appointed to, or retained by a governmental entity in a position where a statement of economic interests is required, the governmental entity shall notify the State Ethics Commission of the person's name, address, and position. The person must also file a statement of economic interests as required by law.

    (D) The State Ethics Commission shall direct communications about the filing, failure to file or failure to timely file statement of economic interests to the person required to file when this information is known to the commission. It shall be the concurrent responsibility of the governmental entity to assure filing and disclosure of economic interests; provided, however, the governmental entity shall not be subject to sanction in matters involving an individual's responsibility to file a statement of economic interests.

 

SECTION 4.  Section 8-13-1110 of the S.C. Code is amended to read:

 

    Section 8-13-1110. (A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) may take the oath of office or enter upon his official responsibilities unless he has filed a statement of economic interests in accordance with the provisions of this chapter with the appropriate supervisory office. Such a person nominated to a noncompensated part-time position on a state board, commission, or council shall file a confidential statement, made public only upon their appointment. If a public official, public member, or public employee referred to in this section has no economic interests to disclose, he shall nevertheless file a statement of inactivity to that effect with the appropriate supervisory office. All disclosure statements are matters of public record open to inspection upon request.

    (B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:

       (1) a person appointed to fill the unexpired term of an elective office;

       (2) a salaried member of a state board, commission, or agency;

       (3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;

       (4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;

       (5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;

       (6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;

       (7)(6) a school district and county superintendent of education;

       (8)(7) a school district board member and a county board of education member;

       (9)(8) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);

       (10)(9) a public official;

       (11)(10) a public member who serves on a state board, commission, or council; and

       (12)(11) Department of Transportation District Engineering Administrators.

 

SECTION 5.  Section 8-13-1170(B) of the S.C. Code is amended to read:

 

    (B)(1) The appropriate supervisory office may grant a reasonable extension of time for filing a statement of economic interests.  The extension may not exceed thirty days except in cases of illness or incapacitation.

        (2) A public member who receives written notice from the State Ethics Commission, by certified mail, for failure to file an initial statement of economic interests as required by Section 8-13-1100(C), must file the statement of economic interests within ten days after receipt of the State Ethics Commission's notice. A public member who files the initial statement of economic interests within ten days after receipt of the State Ethics Commission's written notice pursuant to this item shall not be in violation of this chapter. This item only applies to a public member's initial statement of economic interests filing and does not apply to any subsequent statement of economic interests filings by the public member.

 

SECTION 6.  Section 8-13-1356(A) of the S.C. Code is amended to read:

 

    (A) A person who becomes a candidate by filing a statement of intention of candidacy seeking nomination by political party primary or political party conventionAll candidates for elective office not otherwise referenced in this section must electronically file a statement of economic interests for the preceding calendar year pursuant to Section 8-13-365 prior to the close of filing for the particular office.

 

SECTION 7.  Section 8-13-320(10)(g) of the S.C. Code is amended to read:

 

       (g) All investigations, inquiries, hearings, and accompanying documents are confidential and only may be released pursuant to this section.

           (i) After a dismissal following a finding of probable cause, except for dismissal pursuant to item (10)(b), or a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record:  the complaint, the response by the respondent, and the notice of dismissal.

           (ii) After a finding of probable cause, except for a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record:  the complaint, the response by the respondent, and the notice of hearing. If a hearing is held on the matter, the final order and all exhibits introduced at the hearing shall become public record upon issuance of the final order by the commission. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy. In the event a hearing is not held on a matter after a finding of probable cause, the final disposition of the matter becomes public record.

           (iii) The commission shall redact the address, phone number, and email address of the complainant and respondent from the public record. The complainant shall not release the address, phone number, or email address of the respondent. The respondent shall not release the address, phone number, or email address of the complainant.

           (iv) The respondent or his counsel, by written notice, may waive the confidentiality requirement. The commission shall not accept any partial waivers.

           (v) The wilful release of confidential information is a misdemeanor, and a person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year.

 

SECTION 8.  Section 8-13-365 of the S.C. Code is amended to read:

 

    Section 8-13-365.  The commission shall establish a system of electronic filing for all disclosures and reports required pursuant to Chapter 13, Title 8 and Chapter 17, Title 2 except for forms and reports required pursuant to Article 9, Chapter 13, Title 8. These disclosures and reports must be filed using an Internet-based filing system as prescribed by the commission. The information contained in the reports and disclosure forms, with the exception of specific addresses of individuals making campaign contributions, social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable. The city and state of an individual making a campaign contribution must be publicly accessible, searchable, and transferable.

 

SECTION 9.  Section 8-13-540(C) of the S.C. Code is amended to read:

 

    (C)(1) All investigations, inquiries, hearings and accompanying documents are confidential and only may be released pursuant to this section.

       (2)(a) Upon a recommendation of probable cause by the commission for a violation, other than a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record:  the complaint, the response by the respondent, and the commission's recommendation of probable cause.

           (b) If the appropriate committee requests further investigation after receipt of the commission's report, documents only may be released if the commission's second report to the committee recommends a finding of probable cause.

           (c) The commission and appropriate legislative ethics committee shall redact the address, phone number, and email address of the complainant and respondent from the public record. The complainant shall not release the address, phone number, or email address of the respondent. The respondent shall not release the address, phone number, or email address of the complainant.

 

SECTION 10. Section 8-13-1300(28) of the S.C. Code is amended to read:

 

    (28) "Public official" means an elected or appointed official of the State, a county, a municipality or a political subdivision thereof, including candidates for the office, and the head of each certified state political party.  However, "public official" does not mean a member of the judiciary except for purposes of campaign financing.  A probate judge is considered a public official and must meet the requirements of this article.

 

SECTION 11. Section 8-13-1366 of the S.C. Code is amended to read:

 

    Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commission, ethics committees, and county clerks of court shall redact the specific address of an individual making a campaign contribution, except the individual's city and state. The commission, ethics committees, and county clerks of court shall not require any information or identification as a condition of viewing a report or reports. The commission, ethics committees, and the county clerks of court must ensure that the reports are available for copying or purchase at a reasonable cost.

 

SECTION 12. Section 2-17-10(14) of the S.C. Code is amended to read:

 

    (14) "Lobbyist's principal" means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying.  However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist.  If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter.  A person is considered a lobbyist's principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying.

 

SECTION 13. Section 2-17-10(13) of the S.C. Code is amended to read:

 

    (13) "Lobbyist" means any person who is employed, appointed, or retained, with or without compensation, by another person, including a certified state political party, to influence by direct communication with public officials or public employees:  (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation;  (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions;  or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions.  "Lobbyist" also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees:  (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation;  (ii) the vote of any public official of any state agency, board, or commission concerning any covered agency actions;  or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions.  "Lobbyist" does not include:

       (a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee;

       (b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State;

       (c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;

       (d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;

       (e) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions.  This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made;

       (f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;

       (g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this section;  or

       (h) an individual who receives no compensation to engage in lobbying and who does not make expenditures or incur obligations for lobbying in an aggregate amount in excess of five hundred dollars in a calendar year.

 

SECTION 14. The provisions of Section 8-13-320(10)(g) and Section 8-13-540(C) in this act take effect upon approval by the Governor. All other provisions of this act take effect six months after approval by the Governor.

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