Senator Bennett proposes the following amendment (SJ-3570.PB0005S):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. 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 X. 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 X. 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 X. 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.
Amend the bill further, by striking SECTION 6 and inserting:
SECTION 6. This act takes 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.Renumber sections to conform.
Amend title to conform.