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

South Carolina § 8-13-790

• Jurisdiction: South Carolina
• Title 8: PUBLIC OFFICERS AND EMPLOYEES
• Ch. 13: ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM

Text

(A) The value of anything transferred or received in breach of the ethical standards of Articles 1 through 11 of this chapter or regulations promulgated under it by a public employee, public official, or a nonpublic employee or official may be recovered from the public employee, public official, or nonpublic employee or official. (B) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order under it, it is conclusively presumed that the amount of the kickback was included in the price of the subcontract or order and ultimately borne by the State or governmental entity and is recoverable hereunder from the subcontractor making the kickback. Recovery from one offending party does not preclude recovery from other offending parties.

Legislative History

HISTORY: 1991 Act No. 248, SECTION 3, eff January 1, 1992 and governs only transactions which take place after December 31, 1991.