Gift Made with Intent to Influence

(A) A person may not, directly or indirectly, give, offer, or promise anything of value to a public official, public member, or public employee with the intent to:

  1. influence the discharge of a public official’s, public member’s, or public employee’s official responsibilities;
  2. influence a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or
  3. induce a public official, public member, or public employee to perform or fail to perform an act in violation of the public official’s, public member’s, or public employee’s official responsibilities.

(B) A public official, public member, or public employee may not, directly or indirectly, knowingly ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person in return for being:

  1. influenced in the discharge of his official responsibilities;
  2. influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a governmental entity; or
  3. induced to perform or fail to perform an act in violation of his official responsibilities.

. . . .

(F) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten years and a fine of not more than ten thousand dollars and is permanently disqualified from being a public official or a public member. A public official, public member, or public employee who violates the provisions of this section forfeits his public office, membership, or employment.

(G) This section does not apply to political contributions unless the contributions are conditioned upon the performance of specific actions of the person accepting the contributions nor does it prohibit a parent, grandparent, or other close relative from making a gift to a child, grandchild, or other close relative for love and affection except as otherwise provided.

S.C. Code Ann. § 8-13-705.

Extra Compensation for Official Duties

§ 8-13-715. Speaking Engagements of Public Officials, Members or Employees; Only Expense Reimbursement Permitted; Authorization for Reimbursement of Out-of-State Expenses.

(A) A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90 [Acts Prohibited of Lobbyists’ Principals; Acts Prohibited of Public Officials and Employees; Exceptions; Disclosure Requirements], a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official, public member, or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official, public member, or public employee is associated.

(B) If the expenses are incurred out of state, the public official, public member, or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:

  1. the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
  2. a statewide constitutional officer, in the case of himself;
  3. the President of the Senate, in the case of a member of the Senate;
  4. the Speaker of the House, in the case of a member of the House of Representatives; or
  5. the chief executive of the governmental entity in all other cases.

S.C. Code Ann. § 8-13-715.

§ 8-13-720. Offering, Soliciting, or Receiving Money for Advice or Assistance of Public Official, Member, or Employee.

No person may offer or pay to a public official, public member, or public employee and no public official, public member, or public employee may solicit or receive money in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee.

S.C. Code Ann. § 8-13-720.

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”

Gift from Lobbyist or Regulated Entity

§ 8-13-710. Reporting of Particular Gifts Received by Public Employee, Official, or Member on Statement of Economic Interests.

(A) Unless provided by subsection (B) and in addition to the requirements of Chapter 17 of Title 2, a public official or public employee required to file a statement of economic interests under Section 8-13-1110 who accepts anything of value from a lobbyist’s principal must report the value of anything received on his statement of economic interests pursuant to Section 8-13-1120(A)(9).

(B) A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 who receives, accepts, or takes, directly or indirectly, from a person, anything of value worth twenty-five dollars or more in a day and anything of value worth two hundred dollars or more in the aggregate in a calendar year must report on his statement of economic interests pursuant to Section 8-13-1120 the thing of value from:

  1. a person, if there is reason to believe the donor would not give the thing of value but for the public official’s public member’s, or public employee’s office or position;
  2. a person, or from an officer or director of a person, if the public official, public member, or public employee has reason to believe the person:
    1. (a) has or is seeking to obtain contractual or other business or financial relationships with the public official’s, public member’s, or public employee’s governmental entity;
    2. (b) conducts operations or activities which are regulated by the public official’s, public member’s, or public employee’s governmental entity.

(C) Nothing in this section requires a public official, public member, or public employee to report a gift from a parent, grandparent, or relative to a child, grandchild, or other immediate family member for love and affection.

S.C. Code Ann. § 8-13-710.

§ 2-17-80. Acts Prohibited of Lobbyists; Acts Prohibited of Public Officials and Employees; Exceptions.

(A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:

  1. lodging;
  2. transportation;
  3. entertainment;
  4. food, meals, beverages, money, or any other thing of value;
  5. contributions, as defined in Section 8-13-1300(7).

(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following:

  1. lodging;
  2. transportation;
  3. entertainment;
  4. food, meals, beverages, money, or any other thing of value;
  5. contributions, as defined in Section 8-13-1300(7).

(C) Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.

(D) Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist’s principal, or any person acting on behalf of a lobbyist or a lobbyist’s principal to any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.

(E) Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection.

S.C. Code Ann. § 2-17-80.

§ 2-17-90. Acts Prohibited of Lobbyists’ Principals; Acts Prohibited of Public Officials and Employees; Exceptions; Disclosure Requirements.

(A) Except as otherwise provided under Section 2-17-100, no lobbyist’s principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist’s principal, except for:

  1. as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the President of the Senate, the Speaker of the House, and the Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences;
  2. as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;
  3. as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;
  4. as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;
  5. as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;
  6. as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:
    1. (a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;
    2. (b) any statewide constitutional officer, in the case of himself or any of his employees;
    3. (c) the President of the Senate, in the case of any member of the Senate or its employees; or
    4. (d) the Speaker of the House, in the case of a member of the House of Representatives or its employees.
  7. as to cabinet officers, a function to which all cabinet officers are invited.

(B)

  1. No lobbyist’s principal or person acting on behalf of a lobbyist’s principal may provide to a public official or a public employee pursuant to subsection (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding fifty dollars in a day and four hundred dollars in a calendar year per public official, public employee, or cabinet officer.
  2. The daily dollar limitation in item (1) must be adjusted on January first of each even-numbered year by multiplying the base amount by the cumulative Consumer Price Index and rounding it to the nearest five dollar amount. For purposes of this section, “base amount” is the daily limitation of fifty dollars, and “Consumer Price Index” means the Southeastern Consumer Price Index All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics.
  3. The State Ethics Commission must determine the cumulative increase in the Consumer Price Index through June thirtieth in odd-numbered years, and determine the adjustment, if any, to be made in the daily limitation. The State Ethics Commission shall approve the adjustment of the annual amount to a figure eight times the adjusted daily limitation.
  4. The State Ethics Commission must notify all lobbyists’ principals of the adjusted limitations at the time of registration.

 

(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received.

(D) Except as otherwise provided by subsection (E), a lobbyist’s principal extending an invitation under subsection (A) must report all expenses as required by Section 2-17-35.

(E) If the disclosure required by subsection (C) or (D) would compromise the confidentiality of a state or local economic development project and the approving official under subsection (A)(6) has indicated in the prior written approval that disclosure of that information would jeopardize the negotiations in an economic development project, then the approving official must forward a confidential copy of the prior written approval to the lobbyist’s principal involved and the State Ethics Commission. The public official must disclose only the value of the thing of value received with a notation “for economic development-confidential” on the forms required by Sections 8-13-1110 and 8-13-1120. The lobbyist’s principal must not disclose any information identifying the recipient or details of the expenditure on the form required by Section 2-17-35. The public official and the lobbyist’s principal must report all required information on forms developed by the State Ethics Commission for the reporting of information under this subsection. These forms must be marked “confidential” and must not be a part of the public record until such time as the approving official determines that public disclosure is appropriate.

(F) The provisions of this section do not apply to a public official or a public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist’s principal or to a public official or a public employee who pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist’s principal when the ticketed event is open to the general public.

(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist’s principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist’s principal and the spouse’s receipt of the lodging, transportation, entertainment, food, meals, beverages, or invitation is purely incidental to the spouse’s office or employment with the lobbyist’s principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist’s principal.

S.C. Code Ann. § 2-17-90.

§ 2-17-100. Public Officials and Employees Not to Receive Compensation for Speaking Before Audiences; Exception and Rules for Payment of Expenses.

A public official or a public employee acting in an official capacity may not receive anything of value from a lobbyist’s principal for speaking before a public or private group. A public official or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist’s principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.

If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:

  1. the Governor, in the case of a public official of a state agency who is not listed in an item below;
  2. any statewide constitutional officer, in the case of himself;
  3. the President of the Senate, in the case of a member of the Senate;
  4. the Speaker of the House, in the case of a member of the House of Representatives; or
  5. the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases.

S.C. Code Ann. § 2-17-100.

§ 2-17-110. Additional Acts Prohibited of Lobbyists and Lobbyists’ Principals, Public Officials, and Public Employees.

(F) A lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal may not host events to raise funds for public officials. No public official may solicit a lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal to host a fundraising event for the public official.

(G) A lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal may not employ on retainer a public official, a public employee, a member of the immediate family of a public official or public employee, or a firm or organization in which the public official or public employee has an economic interest. A retainer, for purposes of this section, is a payment for availability to perform services rather than for actual services rendered.

(H) A lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal shall not pay an honorarium to a public official or a public employee. This subsection does not prohibit the reimbursement of or expenditure for actual expenses by a lobbyist’s principal as allowed in Section 2-17-100.

(I) A lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal may not offer, facilitate, or provide a loan to or on behalf of a statewide constitutional officer or a member of the General Assembly unless the lobbyist’s principal is a financial institution authorized to transact business in the State and makes the loan in the ordinary course of business.

(J) A lobbyist, a lobbyist’s principal, or a person acting on behalf of a lobbyist or a lobbyist’s principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21).

S.C. Code Ann. § 2-17-110(F)-(J).

Definitions and Exceptions

Please see above sections for statute specific definitions and exceptions.

Notes/Resources

Resource(s)

South Carolina Advisory Opinions on Gifts

Learn more about state gift laws