H 3810 General Bill, By Sheheen
 A BILL TO AMEND SECTION 2-15-61, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY
 RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE
 COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF
 THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS
 MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE
 CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE
 THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC
 DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER
 ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE
 PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.

   03/31/99  House  Introduced and read first time HJ-9
   03/31/99  House  Referred to Committee on Judiciary HJ-10
   05/05/99  House  Committee report: Favorable Judiciary HJ-8
   05/06/99  House  Read second time HJ-9
   05/06/99  House  Unanimous consent for third reading on next
                     legislative day HJ-10
   05/07/99  House  Read third time and sent to Senate HJ-3
   05/11/99  Senate Introduced and read first time SJ-33
   05/11/99  Senate Referred to Committee on Judiciary SJ-33

Indicates New Matter

COMMITTEE REPORT

May 5, 1999

H. 3810

S. Printed 5/5/99--H.

Read the first time March 31, 1999.

To whom was referred a Bill (H. 3810), to amend Section 2-15-61, as amended, Code of Laws of South Carolina, 1976, relating to the access of the Legislative Audit Council to state agency records, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

TO AMEND SECTION 2-15-61, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.

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

SECTION 1. Section 2-15-61 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 2-15-61. For the purposes of carrying out its audit duties under this chapter, the Legislative Audit Council shall have access to the records and facilities of every state agency during that agency's operating hours with the exception of reports and returns of the South Carolina Department of Revenue as provided in Sections 12-7-1680 and 12-35-1530.

The Legislative Audit Council may issue subpoenas to compel the attendance of an officer, employee, or adjunct of a state agency and the production of books, papers, correspondence, documents, memoranda, and other records considered necessary in connection with its duties. Obtaining access to agency records by the council does not subject it to violating privacy provisions of any state or federal law.

The Legislative Audit Council shall address its information requests to the chief administrative officer of the agency being examined. The officer is accountable for swift compliance with the requests. Wilful noncompliance with the information requests is misfeasance in office and subjects the officer to penalties as provided by law."

SECTION 2. The first unnumbered paragraph of Section 2-15-120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:

"All records and audit working papers of the Legislative Audit Council with the exception of its final audit reports provided for by Section 2-15-60 are confidential and not subject to public disclosure prior to the publication of the final audit report. In the performance of compliance review duties, the General Assembly, its staff, or other entities are subject to the requirements and penalties of this section. Information protected from disclosure by federal law and the identity of confidential sources must be kept confidential by the Legislative Audit Council."

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