S*954 Session 103 (1979-1980)
S*0954(Rat #0430, Act #0374 of 1980) General Bill, By Senate Ethics
Similar(H 3654)
A Bill to amend Section 8-13-120, Code of Laws of South Carolina, 1976, as
amended, relating to duties of the State Ethics Commission so as to require
the Commission to give a respondent not less than thirty days notice of a
formal hearing after a finding of probable cause or failure of respondent to
comply with an advisory opinion in order to bring such notice in conformance
with the notice requirement of the Administrative Procedure Act, permit the
Attorney General to seek injunctive relief for an alleged criminal violation
and to make certain actions taken by the Commission on complaints a matter of
public record; to amend Section 8-13-460, as amended, relating to certain
actions required of public officials or employees when their decision would
affect their financial interest, so as to require such employee to file a
written statement with his superior if he has no superior to take such action
as prescribed by the State Ethics Commission and to prescribe the action to be
taken by a public official who is a member of the governing body of a state
agency or commission or of any county, municipality or other political
subdivision; and to amend Section 8-13-810, as amended, relating to persons
required to file a statement of economic interest before taking oath of office
or commencing employment so as to delete the twenty thousand dolllar reporting
threshold and to require certain employees and officials to file such
statement.
03/12/80 Senate Introduced, read first time, placed on calendar
without reference SJ-10
03/14/80 Senate Read second time SJ-25
03/14/80 Senate Ordered to third reading with notice of
amendments SJ-25
03/19/80 Senate Read third time and sent to House SJ-105
03/20/80 House Introduced and read first time HJ-1624
03/20/80 House Referred to Committee on Ethics HJ-1624
04/09/80 House Committee report: Favorable Ethics HJ-1930
04/15/80 House Read second time HJ-2070
04/16/80 House Read third time and enrolled HJ-2103
04/17/80 Senate Ratified R 430 SJ-6
04/22/80 Signed By Governor
04/22/80 Effective date 04/22/80 (EXCEPT SEC. 4 -01/01/81)
04/22/80 Act No. 374
04/30/80 Copies available
(A374, R430, S954)
AN ACT TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS
AMENDED, RELATING TO DUTIES OF THE STATE ETHICS COMMISSION SO AS TO REQUIRE
THE COMMISSION TO GIVE A RESPONDENT NOT LESS THAN THIRTY DAYS NOTICE OF A
FORMAL HEARING AFTER A FINDING OF PROBABLE CAUSE OF FAILURE OF RESPONDENT TO
COMPLY WITH AN ADVISORY OPINION IN ORDER TO BRING SUCH NOTICE IN CONFORMANCE
WITH THE NOTICE REQUIREMENT OF THE ADMINISTRATIVE PROCEDURE ACT; PERMIT THE
ATTORNEY GENERAL TO SEEK INJUNCTIVE RELIEF FOR AN ALLEGED CRIMINAL VIOLATION
AND TO MAKE CERTAIN ACTIONS TAKEN BY THE COMMISSION ON COMPLAINTS A MATTER OF
PUBLIC RECORD; TO AMEND SECTION 8-13-460, AS AMENDED, RELATING TO CERTAIN
ACTIONS REQUIRED OF PUBLIC OFFICIALS OR EMPLOYEES WHEN THEIR DECISION WOULD
AFFECT THEIR FINANCIAL INTEREST, SO AS TO REQUIRE SUCH EMPLOYEE TO FILE A
WRITTEN STATEMENT WITH HIS SUPERIOR AND IF HE HAS NO SUPERIOR TO TAKE SUCH
ACTION AS PRESCRIBED BY THE STATE ETHICS COMMISSION AND TO PRESCRIBE THE
ACTION TO BE TAKEN BY A PUBLIC OFFICIAL WHO IS A MEMBER OF THE GOVERNING BODY
OF A STATE AGENCY OR COMMISSION OR OF ANY COUNTY, MUNICIPALITY OR OTHER
POLITICAL SUBDIVISION; AND TO AMEND SECTION 8-13-810, AS AMENDED, RELATING TO
PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST BEFORE TAKING OATH
OF OFFICE OR COMMENCING EMPLOYMENT SO AS TO DELETE THE TWENTY THOUSAND DOLLAR
REPORTING THRESHOLD AND TO REQUIRE CERTAIN EMPLOYEES AND OFFICIALS TO FILE
SUCH STATEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Complaints to be filed with commission
Section 1. Item (1) of subsection (f) of Section 8-13-120 of the 1976 Code,
as last amended by Section 4 of Act 150 of 1977, is amended to read:
"(1) When a complaint is filed with the commission, a copy shall
promptly be sent to the person alleged to have committed the violation. If the
commission determines the complaint does not allege facts sufficient to
constitute a violation, the complaint shall be dismissed and the complainant
and respondent notified. If the commission determines the complaint does
allege facts sufficient to constitute a violation, it shall promptly
investigate the alleged violation utilizing the resources of such other state
agencies as may be requested. If, after such preliminary investigation, the
commission 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 therewith within a reasonable time, or (b)
convene a formal hearing on the matter, after notice of not less than thirty
days after making such determination of probable cause or after notice of not
less than thirty days of the respondent's failure to comply with the advisory,
whichever comes later. All commission investigations and records relating to
the preliminary investigation shall be confidential."
Hearing before the Commission
Section 2. Item (2) of subsection (f) of Section 8-13-120 of
the 1976 Code is amended to read:
"(2) If a hearing is to be held, the respondent shall be allowed to
examine and make copies of all evidence in the commission's possession
relating to the charges. At the hearing the charged party shall be afforded
appropriate due process protection consistent with state administrative
procedures, 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 shall be conducted in executive
session. Upon completion of its investigation and any hearing thereon, the
commission shall, where appropriate, recommend disciplinary or administrative
action or in the case of an alleged criminal violation refer the matter to the
Attorney General for appropriate action. The Attorney General may seek
injunctive relief or may take other appropriate action as necessary. In the
case of a public employee, the commission shall file a report to the
administrative department executive responsible for the activities of such
employee. If the complaint is filed against an administrative department
executive, the commission shall refer the case to the Governor. All actions
taken by the commission on complaints, except on alleged violations which are
found to be groundless by the commission, are a matter of public record."
Requirements of public employees
Section 3. Item (c) of Section 8-13-460 of the 1976 Code, as last amended by
Section 5 of Act 150 of 1977, is amended to read:
"(c) If he is a public employee, he shall furnish a copy to his
superior, if any, who shall assign the matter to another employee who does not
have a potential conflict of interest. If he has no immediate superior, he
shall take such action as prescribed by the State Ethics Commission. If the
public official is a member of the governing body of any agency, commission,
board, or of any county, municipality, or other political subdivision, he
shall furnish a copy to the presiding officer and to the members of that
governing body, who shall cause such statement to be printed in the minutes
and shall require that the member be excused from any votes, deliberations,
and other actions on the matter on which the potential conflict of interest
exists, and shall cause such disqualification and the reasons therefor to be
noted in the minutes."
Statement of economic interest to be filed
Section 4. Section 8-13-810 of the 1976 Code, as last amended by Section 7
of Act 150 of 1977, is amended to read:
"Section 8-13-810. No member of the General Assembly, or elected public
official, regardless of compensation, and no public employee or appointed
official as designated below, regardless of compensation, shall be allowed to
take the oath of office or enter upon his duties of employment unless he has
filed a statement of economic interests in accordance with the provisions of
this chapter at the office of the State Ethics Commission, the Chairman of the
Senate Ethics Committee or the Chairman of the House of Representatives Ethics
Committee as may be appropriate. The State Ethics Commission and the Senate
Ethics Committee and House of Representatives Ethics Committee shall forward a
copy of each statement filed with it to the clerk of court in the county of
residence of the member, official or employee. If members of the General
Assembly or public officials and employees referred to in this section have no
economic interests as defined in item (g) of Section 8-13-20, they shall
nevertheless file a negative report to that effect with the entity with which
reports are to be filed. All disclosure statements shall be matters of public
record open to inspection upon request.
The following public employees or appointed officials shall file a statement
of economic interest regardless of compensation:
(a) Any person appointed to fill the unexpired term of any elective
office;
(b) Salaried members of State boards, commissions or agencies;
(c) The chief administrative official or employee and the deputy or
assistant administrative official or employee or director of a division,
institution or facility of any agency or department of state government;
(d) The city administrator, city manager or chief municipal administrative
official or employee, by whatever title;
(e) The county manager, county administrator, county supervisor, or chief
county administrative official or employee, by whatever title;
(f) The chief administrative official or employee of each political
subdivision including, but not limited to, school districts, libraries
regional planning councils, airport commissions, hospitals, community action
agencies, water and sewer districts and development commissions;
(g) All school district and county superintendents of education;
(h) All school district board members and county board of education
members;
(i) The chief finance official or employee and the chief purchasing
official or employee of each agency, institution, or facility of state
government, and of each county, municipality, or other political subdivision,
including but not limited to those named in item (f)."
Time effective
Section 5. This act shall take effect upon approval by the Governor except
that Section 4 of this act shall take effect January 1, 1981. |