H 4045 Session 111 (1995-1996)
H 4045 General Bill, By T.F. Rogers
Similar(H 3993)
A Bill to amend Section 8-13-320, as amended, Code of Laws of South Carolina,
1976, relating to the duties and powers of the State Ethics Commission, so as
to include the members of the House of Representatives within jurisdiction of
the Commission; and to amend Article 5, Chapter 13, Title 8, relating to the
House of Representatives and Senate Ethics Committees, so as to delete
references to the House Ethics Committee.
04/12/95 House Introduced and read first time HJ-30
04/12/95 House Referred to Committee on Judiciary HJ-30
A BILL
TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DUTIES AND POWERS OF THE STATE ETHICS
COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE
HOUSE OF REPRESENTATIVES WITHIN JURISDICTION OF
THE COMMISSION; AND TO AMEND ARTICLE 5, CHAPTER
13, TITLE 8, RELATING TO THE HOUSE OF
REPRESENTATIVES AND SENATE ETHICS COMMITTEES,
SO AS TO DELETE REFERENCES TO THE HOUSE ETHICS
COMMITTEE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The first paragraph of item (9) of Section
8-13-320 of the 1976 Code, as last amended by Act 6 of 1995, is
further amended to read:
"(9) to initiate or receive complaints and make
investigations, as provided in item (10), of statements filed or
allegedly failed to be filed under the provisions of this chapter and
Chapter 17 of Title 2 and, upon complaint by an individual, of an
alleged violation of this chapter or Chapter 17 of Title 2 by a public
official, public member, or public employee except members of or
candidates for the General Assembly Senate unless
otherwise provided for under House or Senate rules. Any
person charged with a violation of this chapter or Chapter 17 of
Title 2 is entitled to the administrative hearing process contained in
this section."
SECTION 2. Article 5, Chapter 13, Title 8 of the 1976 Code is
amended to read:
"Article 5
Senate and House of Representatives
Ethics Committees Committee
Section 8-13-510. There is created a House of
Representatives Legislative Ethics Committee and a Senate
Legislative Ethics Committee. Each The ethics
committee is composed of six members. Terms are coterminous
with the term for which members are elected to the House
or Senate. Vacancies must be filled for the unexpired term in
the manner of the original selection. The members of each
the ethics committee must be elected by the House
or the Senate, as appropriate. One member of
each the ethics committee must be elected as
chairman by a majority of the members of the ethics committee.
Section 8-13-520. Each The ethics committee
shall meet and recommend any changes in the law or rules relating
to ethics considered proper to their respective houses the
Senate. Changes recommended must be consistent with the
Constitution of the State of South Carolina, the provisions of this
chapter, and any other applicable law.
Section 8-13-530. Each The ethics committee
shall:
(1) upon the filing of a complaint, investigate possible
violations of breach of a privilege governing a member of the
appropriate house Senate, the alleged breach of a
rule governing a member of or candidate for the appropriate
house Senate, misconduct of a member of or candidate
for the appropriate house Senate, or a violation of
this chapter or Chapter 17 of Title 2;
(2) receive and hear a complaint which alleges a breach of a
privilege governing a member of the appropriate house
Senate, the alleged breach of a rule governing a member of
or candidate for the appropriate house Senate,
misconduct of a member of or candidate for the appropriate
house Senate, or a violation of this chapter or Chapter
17 of Title 2. No complaint may be accepted by the ethics
committee concerning a member of or candidate for the
appropriate house Senate in the fifty-day period
before an election in which the member or candidate is a candidate.
Action on a complaint filed against a member or candidate which
was received more than fifty days before the election and which
cannot be disposed of or dismissed by the ethics committee at least
thirty days before the election must be postponed until after the
election;
(3) obtain information and investigate complaints as provided
in Section 8-13-540 with respect to any complaint filed pursuant to
this chapter or Chapter 17 of Title 2 and to that end may compel by
subpoena the attendance and testimony of witnesses and the
production of pertinent books and papers;
(4) administer or recommend sanctions appropriate to a
particular member of or candidate for the appropriate house
Senate pursuant to Section 8-13-540 or dismiss the charges;
and
(5) act as an advisory body to the General Assembly and to
individual members of or candidates for the appropriate
house Senate on questions pertaining to the disclosure
and filing requirements of members of or candidates for the
appropriate house Senate.
Section 8-13-540. Unless otherwise provided for by House
or Senate rule, as appropriate, each the ethics
committee must conduct its investigation of a complaint filed
pursuant to this chapter or Chapter 17 of Title 2 in accordance with
this section.
(1) When a complaint is filed with or by the ethics
committee, a copy must promptly be sent to the person alleged to
have committed the violation. If the ethics committee determines
the complaint does not allege facts sufficient to constitute a
violation, the complaint must be dismissed and the complainant and
respondent notified. If the ethics committee finds that the
complaining party wilfully filed a groundless complaint, the finding
must be reported to appropriate law enforcement authorities. The
wilful filing of a groundless complaint is a misdemeanor and, upon
conviction, a person must be fined not more than one thousand
dollars. In lieu of the criminal penalty provided by this subsection,
a civil penalty of not more than one thousand dollars may be
assessed against the complainant upon proof, by a preponderance of
the evidence, that the filing of the complaint was wilful and without
just cause or with malice. If the ethics committee determines the
complaint alleges facts sufficient to constitute a violation, it shall
promptly investigate the alleged violation and may compel by
subpoena the attendance and testimony of witnesses and the
production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds
that probable cause exists to support an alleged violation, it shall, as
appropriate:
(a) render an advisory opinion to the respondent and
require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty
days of the respondent's failure to comply with the advisory
opinion. All ethics committee investigations and records relating to
the preliminary investigation are confidential. No complaint shall
be accepted which is filed later than four years after the alleged
violation occurred.
(2) If a hearing is to be held, the respondent must be allowed
to examine and make copies of all evidence in the ethics
committee's possession relating to the charges. At the hearing the
charged party must be afforded appropriate due process protections,
including the right to be represented by counsel, the right to call
and examine witnesses, the right to introduce exhibits, and the right
to cross-examine opposing witnesses. All hearings must be
conducted in executive session.
(3) After the hearing, the ethics committee shall determine its
findings of fact. If the ethics committee, based on competent and
substantial evidence, finds the respondent has violated this chapter
or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in
Section 8-13-1170 has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the
matter to the Attorney General for investigation. The ethics
committee shall report its findings in writing to the Speaker of
the House or President Pro Tempore of the Senate,
as appropriate. The report must be accompanied by an
order of punishment and supported and signed by a majority of the
ethics committee members. If the ethics committee finds the
respondent has not violated a code or statutory provision, it shall
dismiss the charges.
(4) An individual has ten days from the date of the
notification of the ethics committee's action to appeal the action to
the full legislative body.
(5) No ethics committee member may participate in any
matter in which he is involved.
(6) The ethics committee shall establish procedures which
afford respondents appropriate due process protections, including
the right to be represented by counsel, the right to call and examine
witnesses, the right to introduce exhibits, and the right to
cross-examine opposing witnesses.
Section 8-13-550. (A) Upon receipt of a recommendation of
expulsion or an appeal from an order of the ethics committee made
pursuant to the provisions of Section 8-13-540, the presiding officer
of the House or Senate shall call the House or Senate
into open session at a time to be determined at his discretion or in
executive session if the House or Senate chooses, as a
committee of the whole, to consider the action of the ethics
committee. The House or Senate shall sustain or overrule
the ethics committee's action or order other action consistent with
this chapter or Chapter 17 of Title 2.
(B) Upon consideration of an ethics committee report by the
House or the Senate, whether in executive or open session, the
results of the consideration, except in the case of the issuance of a
private reprimand, are a matter of public record.
Section 8-13-560. Unless otherwise currently or hereafter
provided for by House or Senate rule, as is
appropriate:
(1) A member of the General Assembly
Senate who is indicted in a state court or a federal court for
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 must be suspended immediately without pay
by the presiding officer of the House or Senate, as
appropriate. The suspension remains in effect until the public
official is acquitted, convicted, pleads guilty, or pleads nolo
contendere. In the case of a conviction, the office must be declared
vacant. In the event of an acquittal or dismissal of charges against
the public official, he is entitled to reinstatement and back pay.
(2) If the public official is involved in an election between
the time of the suspension and final conclusion of the indictment,
the presiding officer of the House or Senate, or the
Governor, as appropriate, shall again suspend him at the beginning
of his next term. The suspended public official may not participate
in the business of his public office."
SECTION 3. This act takes effect upon approval by the
Governor.
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