South Carolina Code of Laws
Chapter 13 - Ethics, Government Accountability, And Campaign Reform
Section 8-13-735. Participation in decision affecting personal economic interests by one employed by and serving on governing body of governmental entity.

(A) Except as provided in subsection (B), no person who serves at the same time:
(1) on the governing body of a state, county, municipal, or political subdivision board or commission; and
(2) as an employee of the same board or commission or in a position subject to the control of that board or commission may make or participate in making a decision that affects his economic interests.
(B) No person shall serve at the same time as:
(1) a nonappointed member of the governing body of the board or commission for a water or sewer district or a nonprofit water or sewer corporation or company organized pursuant to the provisions of state law; and
(2)(a) an employee of the same board, commission, corporation, or company; or
(b) in a position subject to the control of that board, commission, corporation, or company; or
(c) in a decision-making position concerning the operation and functions of that board, commission, corporation, or company.
(C)(1) Any person violating the provisions of subsection (B) may be assessed a civil penalty of fifty dollars per day to be remitted to the general fund of the board, commission, corporation, or company.
(2) If a lawsuit is brought to force the person to vacate either his position held pursuant to subsection (B)(1) or subsection (B)(2), and the person is found in circuit court to have violated subsection (B), the person must pay the civil penalty in subsection (C)(1) plus court costs, attorney's fees, and any damages required by the court.
(3) Any individual or entity served by the board, commission, corporation, or company has standing to bring a lawsuit in the circuit court pursuant to this subsection.
HISTORY: 1991 Act No. 248, Section 3, eff January 1, 1992 and governs only transactions which take place after December 31, 1991; 2011 Act No. 11, Section 1, eff April 7, 2011.

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Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 8 - Public Officers and Employees

Chapter 13 - Ethics, Government Accountability, And Campaign Reform

Section 8-13-100. Definitions.

Section 8-13-120. Fee for education and training programs.

Section 8-13-130. Levying enforcement or administrative fees on persons in violation; use of fees and costs.

Section 8-13-140. Retention of funds derived from additional assessments associated with late filing fees.

Section 8-13-150. Carrying forward unexpended lobbyists and lobbyist's principals registration fees.

Section 8-13-310. State Ethics Commission reconstituted; appointment of members; terms of office; officers; quorum requirements; meetings; per diem, mileage, and subsistence for members; removal.

Section 8-13-320. Duties and powers of State Ethics Commission.

Section 8-13-322. Prohibited contacts during pendency of investigation or open complaint.

Section 8-13-325. Commission to retain fees.

Section 8-13-330. Executive director of commission; restrictions on political activities of members, employees and staff of commission.

Section 8-13-340. Annual report of commission.

Section 8-13-350. Ethics brochure to be provided to public officials, members, and employees.

Section 8-13-360. Statements and reports filed with commission open for public inspection and copying.

Section 8-13-365. Electronic filing system for disclosures and reports; public accessibility.

Section 8-13-510. Creation of ethics committees; committee membership; terms; filling vacancies.

Section 8-13-520. Duty to recommend changes in ethics laws and rules.

Section 8-13-530. Additional powers and duties of committee.

Section 8-13-535. Issuance of ethics advisory opinions.

Section 8-13-540. Manner in which investigations and hearings are conducted; findings and reports of committees.

Section 8-13-550. Consideration of report of committee by House or Senate; action; public record.

Section 8-13-560. Suspension of House or Senate member under indictment for particular crime; removal upon conviction; reinstatement upon acquittal.

Section 8-13-700. Use of official position or office for financial gain; disclosure of potential conflict of interest.

Section 8-13-705. Offering, giving, soliciting, or receiving anything of value to influence action of public employee, member or official, or to influence testimony of witness; exceptions; penalty for violation.

Section 8-13-710. Reporting of particular gifts received by public employee, official, or member on statement of economic interests.

Section 8-13-715. Speaking engagements of public officials, members or employees; only expense reimbursement permitted; authorization for reimbursement of out-of-state expenses.

Section 8-13-720. Offering, soliciting, or receiving money for advice or assistance of public official, member, or employee.

Section 8-13-725. Use or disclosure of confidential information by public official, member, or employee for financial gain; examination of private records; penalties.

Section 8-13-730. Membership on or employment by regulatory agency of person associated with regulated business.

Section 8-13-735. Participation in decision affecting personal economic interests by one employed by and serving on governing body of governmental entity.

Section 8-13-740. Representation of another by a public official, member, or employee before a governmental entity.

Section 8-13-745. Paid representation of clients and contracting by member of General Assembly or associate in particular situations.

Section 8-13-750. Employment, promotion, advancement, or discipline of family member of public official, member, or employee.

Section 8-13-755. Restrictions on former public official, member, or employee serving as lobbyist or accepting employment in field of former service.

Section 8-13-760. Employment by government contractor of former public official, member, or employee who was engaged in procurement.

Section 8-13-765. Use of government personnel or facilities for campaign purposes; government personnel permitted to work on campaigns on own time.

Section 8-13-770. Members of General Assembly prohibited from serving on state boards and commissions; exceptions.

Section 8-13-775. Public official, member, or employee with official function related to contracts not permitted to have economic interest in contracts.

Section 8-13-780. Remedies for breaches of ethical standards by public officials, members, or employees.

Section 8-13-785. Communication by elected official with state board or commission on behalf of constituent.

Section 8-13-790. Recovery of amounts received by official or employee in breach of ethical standards; recovery of kickbacks.

Section 8-13-795. Receipt of award, grant, or scholarship by public official or family member.

Section 8-13-910. Candidates elected or consented to by General Assembly to file statements of economic interests; authority with whom to file.

Section 8-13-920. Report of campaign expenditures.

Section 8-13-930. Seeking or offering pledges of votes for candidates.

Section 8-13-935. Public Service Commission election requirements; violations and penalties.

Section 8-13-1110. Persons required to file statement of economic interests.

Section 8-13-1120. Contents of statement of economic interests.

Section 8-13-1125. Exception to reporting requirement for events to which entire legislative body invited.

Section 8-13-1127. Legislative invitations committees to keep records of invitations accepted; public inspection.

Section 8-13-1130. Report on names of, and purchases by, lobbyists.

Section 8-13-1140. Filing of updated statement.

Section 8-13-1150. Filing of statement by certain consultants.

Section 8-13-1160. Forwarding of copies of statement to State Ethics Commission and filing person's county of residence.

Section 8-13-1170. Technical violations of disclosure requirements; extensions of time for filing statements.

Section 8-13-1180. Soliciting of contributions by elective official or agent from employees; favoritism by public official or employee towards employees making contributions.

Section 8-13-1300. Definitions.

Section 8-13-1301. Joint candidates for Governor and Lieutenant Governor considered a single candidate.

Section 8-13-1302. Maintenance of records of contributions, contributors, and expenditures.

Section 8-13-1304. Committees receiving and spending funds to influence elections required to file statement of organization.

Section 8-13-1306. Contents of statement of organization.

Section 8-13-1308. Filing of certified campaign reports by candidates and committees.

Section 8-13-1309. Certified campaign reports; filing; contents.

Section 8-13-1310. Recipients of certified campaign reports and copies thereof; State Ethics Commission review.

Section 8-13-1312. Campaign bank accounts.

Section 8-13-1314. Campaign contribution limits and restrictions.

Section 8-13-1316. Restrictions on campaign contributions received from political parties; exception for multi-candidate promotions.

Section 8-13-1318. Acceptance of contributions to retire campaign debt; limits; reporting requirements.

Section 8-13-1320. Contributions within specified period after primary, special, or general election attributed to that primary or election.

Section 8-13-1322. Dollar limits on contributions to committees.

Section 8-13-1324. Anonymous campaign contributions.

Section 8-13-1326. Loans to candidates considered contributions; limitations; exceptions.

Section 8-13-1328. Limits on repayment of loans from candidate or family members to campaign.

Section 8-13-1330. Contributions by spouses or parent and child.

Section 8-13-1331. Solicitation of contributions by corporations from shareholders, executive personnel, and certain related corporate entities.

Section 8-13-1332. Unlawful contributions and expenditures.

Section 8-13-1333. Soliciting contributions from the general public.

Section 8-13-1334. Certain solicitation of contributions by corporations and organizations from employees not unlawful.

Section 8-13-1336. Accepting or soliciting contributions on State Capitol grounds or in official residence prohibited; exception for contributions by mail.

Section 8-13-1338. Persons prohibited from soliciting contributions.

Section 8-13-1340. Restrictions on contributions by one candidate to another; committees established, financed, maintained, or controlled by a candidate.

Section 8-13-1342. Restrictions on contributions by contractor to candidate who participated in awarding of contract.

Section 8-13-1344. Contributions by public utilities; seeking endorsement in return for contribution; discrimination by employers based on contributions; reimbursement for contributions.

Section 8-13-1346. Use of public funds, property, or time to influence election prohibited; exceptions.

Section 8-13-1348. Use of campaign funds for personal expenses; expenditures more than twenty-five dollars; expenditures not to exceed fair market value; petty cash funds.

Section 8-13-1350. Prohibition of use of funds for campaign for one office to further candidacy of same person for different office.

Section 8-13-1352. Exception to prohibition of use of funds for campaign for one office to further candidacy of same person for different office.

Section 8-13-1354. Identification of person independently paying for election-related communication; exemptions.

Section 8-13-1356. Economic interests statements, filing deadlines for particular candidates.

Section 8-13-1358. Format of certified campaign reports.

Section 8-13-1360. Contribution and expenditure reporting form; contents.

Section 8-13-1362. Filing of statement of inactivity by candidate or committee having no contributions or expenditures to report.

Section 8-13-1364. Sending of notice of obligation to report and forms.

Section 8-13-1366. Public availability of certified campaign reports.

Section 8-13-1368. Termination of campaign filing requirements; dissolution of committees; final report.

Section 8-13-1370. Use of unexpended contributions by candidate after election; distribution of unexpended funds of committee.

Section 8-13-1371. Use of contributions for unintended purposes by ballot measure committee; written authorization; distribution of seized funds.

Section 8-13-1372. Technical violations of rules on campaign reports.

Section 8-13-1373. Fiscal Accountability Authority to defend State after refusal by Attorney General; selection of counsel; management of litigation.

Section 8-13-1374. Richland County designated as site of failure to file.

Section 8-13-1510. Civil and criminal penalties for late filing of or failure to file report or statement required by this chapter.

Section 8-13-1520. Violation of chapter constitutes misdemeanor; violation not necessarily ethical infraction.