S 0719 General Bill, By Lander, M.T. Rose and Wilson
 A Bill to amend Chapter 3, Title 1, Code of Laws of South Carolina, 1976, by
 adding Article 8, so as to create the office of Inspector General and to
 provide for its powers and duties.

   04/21/93  Senate Introduced and read first time SJ-5
   04/21/93  Senate Referred to Committee on Judiciary SJ-5

A BILL

TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8, SO AS TO CREATE THE OFFICE OF INSPECTOR GENERAL AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Article 8

Section 1-3-500. There is hereby created the office of Inspector General who shall be appointed by the Governor to serve a term of four years. The Inspector General shall be directly responsible to the Governor and shall be independent of any other State agency, board, or department. The Inspector General may be removed from office at the Governor's discretion by an Executive Order.

Section 1-3-510. For purposes of this chapter, `state agency' means any office, department, board, commission, institution, university, college, body politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived. `State agency' does not mean or include municipalities, counties, or special purpose districts. Nothing herein shall affect any entity which derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

Section 1-3-520. It is the duty of the Inspector General:

(a) to respond to any request concerning any state fiscal matter or information which may be referred to him by the Governor;

(b) to conduct audits upon the Governor's request or sua sponte of the operations of State departments, agencies, and institutions for the purpose of determining the effectiveness of such operations;

(c) to assist the Governor in the performance of his official functions by providing to him impartial and accurate information and reports concerning the state fiscal problems presented to him as Governor;

(d) to establish a system of post audits for all fiscal matters and financial transactions for all state agencies of the government.

Section 1-3-530. For the purposes of carrying out its duties under this article, the office of Inspector General shall have access to the records and facilities of every state agency.

Section 1-3-540. In the performance of its duties, the office of Inspector General is subject to the statutory provisions and penalties regarding confidentiality of records of the agency under review.

Section 1-3-550. The Inspector General must submit any findings in the form of a written report to the Governor upon completion of any investigation or audit. Any report under this section is subject to public disclosure.

Section 1-3-560. Nothing in this article shall affect the rights and protections of state employees afforded under Title 8."

SECTION 2. This act takes effect upon approval by the Governor.