S 0102 General Bill, By Lander, Elliott, Gregory, Reese, M.T. Rose, Russell, 
Washington 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, provide for
 its powers and duties, and specify that it is subject to termination, sunset
 review, and reauthorization for a term not to exceed four years; and to amend
 Section 1-20-50 so as to provide that the Office of Inspector General shall
 terminate June 30 1999.

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-39
   01/10/95  Senate Referred to Committee on Judiciary SJ-39

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, PROVIDE FOR ITS POWERS AND DUTIES, AND SPECIFY THAT IT IS SUBJECT TO TERMINATION, SUNSET REVIEW, AND REAUTHORIZATION FOR A TERM NOT TO EXCEED FOUR YEARS; AND TO AMEND SECTION 1-20-50 SO AS TO PROVIDE THAT THE OFFICE OF INSPECTOR GENERAL SHALL TERMINATE JUNE 30, 1999.

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 1-3-510. There is hereby created the office of Inspector General. The Governor shall appoint the Inspector General 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. The Inspector General may be removed from office at the Governor's discretion by an executive order.

Section 1-3-520. 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 1-3-530. It is the duty of the Inspector General to:

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

(b) conduct audits upon the Governor's request or sua sponte of the operations of state agencies for the purpose of determining the effectiveness of such operations;

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

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

Section 1-3-540. 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 1-3-550. 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 1-3-560. 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 1-3-570. Nothing in this article shall affect the rights and protections of state employees afforded under Title 8.

Section 1-3-580. The office of Inspector General is subject to termination and sunset review as provided in Chapter 22 of Title 1. The General Assembly may reauthorize the office of Inspector General pursuant to Section 1-20-60 for a term not to exceed four years."

SECTION 2. Section 1-20-50 of the 1976 Code, as last amended by Act No. 181 of 1993, is further amended by adding:

"(G) June 30, 1999, is the termination date for the office of Inspector General."

SECTION 3. This act takes effect upon approval by the Governor.