H 3898 Session 110 (1993-1994)
H 3898 General Bill, By C.Y. Waites, Allison, Bailey, J.J. Bailey, J.M. Baxley,
Cato, J.L.M. Cromer, H.M. Hallman, J. Hines, W.S. Houck, H.G. Hutson, Klauber,
Meacham, Moody-Lawrence, Richardson, J.S. Shissias, Simrill, J.J. Snow, Stille,
C.H. Stone, Vaughn, Walker, Wilder and Young-Brickell
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 the 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.
04/07/93 House Introduced and read first time HJ-41
04/07/93 House Referred to Committee on Judiciary HJ-41
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. Section 8-13-320(9) of the 1976 Code, as last amended
by Act 248 of 1991, 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, upon complaint by an
individual, of an alleged violation of this chapter 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."
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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