H 4593 Session 109 (1991-1992)
H 4593 General Bill, By Wilkins, S.E. Gonzales, Harvin, B.H. Harwell, Haskins,
K.G. Kempe, H.H. Keyserling, Kirsh, Meacham, Vaughn, Wilkes and R.M. Young
A Bill to amend Section 35-1-60, Code of Laws of South Carolina, 1976,
relating to the promulgation of rules, forms, and orders by the Securities
Commissioner under the Uniform Securities Act, so as to authorize the
Commissioner to issue cease and desist orders; to amend Section 35-1-540,
relating to the time limitation on suspension or revocation proceedings
instituted by the Commissioner, so as to revise this time limitation; to amend
Section 35-1-1310, relating to petitions for review of final orders of the
Commissioner in a court of competent jurisdiction, so as to revise the time
within which a petition for such a review may be filed; to amend Section
35-1-1460, relating to the Securities Commissioner applying to a court of
competent jurisdiction to compel obedience of witnesses, so as to authorize
the court to impose certain fines for failure to comply and to provide that
the court may award to the Securities Commissioner fees and costs incurred in
appearing before the court; to amend the 1976 Code by adding Section 35-1-1475
so as to authorize the Securities Commissioner to impose and collect certain
administrative fines; to amend Section 35-1-1580, relating to the institution
of criminal proceedings by the Attorney General after reference to him of
evidence by the Securities Commissioner, so as to also authorize a circuit
solicitor to institute such proceedings; and to amend Section 35-1-1590,
relating to criminal penalties for wilfull violations of the Uniform
Securities Act, so as to increase the dollar amount of the authorized fine.
03/24/92 House Introduced and read first time HJ-13
03/24/92 House Referred to Committee on Judiciary HJ-14
A BILL
TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE PROMULGATION OF
RULES, FORMS, AND ORDERS BY THE SECURITIES
COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO
AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE
AND DESIST ORDERS; TO AMEND SECTION 35-1-540,
RELATING TO THE TIME LIMITATION ON SUSPENSION OR
REVOCATION PROCEEDINGS INSTITUTED BY THE
COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION;
TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR
REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A
COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE
TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY
BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE
SECURITIES COMMISSIONER APPLYING TO A COURT OF
COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF
WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE
CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE
THAT THE COURT MAY AWARD TO THE SECURITIES
COMMISSIONER FEES AND COSTS INCURRED IN APPEARING
BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING
SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES
COMMISSIONER TO IMPOSE AND COLLECT CERTAIN
ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580,
RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS
BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF
EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO
ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH
PROCEEDINGS; AND TO AMEND SECTION 35-1-1590,
RELATING TO CRIMINAL PENALTIES FOR WILFULL
VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO
INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 35-1-60 of the 1976 Code is amended to read:
"Section 35-1-60. The Securities Commissioner may
from time to time make, amend, and rescind such
those rules, forms, and orders, including cease and
desist orders, as are necessary to carry out the provisions of this
chapter, including rules and forms governing registration statements,
applications, and reports and defining any terms, whether or not
used in this chapter, in so far as the definitions are not inconsistent with
the provisions of this chapter. For the purpose of rules and forms, the
Securities Commissioner may classify securities, persons, and
matters within his jurisdiction and prescribe different requirements for
different classes.
No rule, form, or order may be made, amended, or rescinded
unless the Securities Commissioner finds that the action is necessary or
appropriate in the public interest or for the protection of investors and
consistent with the purposes fairly intended by the policy and provisions
of this chapter. In prescribing rules and forms the Securities
Commissioner may cooperate with the securities administrators of the
other states and the Securities and Exchange Commission with a view
to effectuating the policy of this chapter to achieve maximum uniformity
in the form and content of registration statements, applications,
and reports wherever practicable.
All rules and forms of the Securities Commissioner shall
must be published."
SECTION 2. Section 35-1-540 of the 1976 Code is amended to read:
"Section 35-1-540. The Securities Commissioner may not
institute a suspension or revocation proceeding on the basis of a fact or
transaction actually known to him when registration became
effective unless the proceeding is instituted within the next thirty
one hundred sixty days; provided that this time limitation
is suspended during the time period of any investigation commenced by
the Securities Commissioner."
SECTION 3. Section 35-1-1310 of the 1976 Code is amended to
read:
"Section 35-1-1310. Any person aggrieved by a final order of
the Securities Commissioner may obtain a review of the order in the
court of common pleas for Richland County or in the county wherein
such the person resides by filing in court, within
sixty thirty days after the entry of the order, a written
petition praying that the order be modified or set aside in whole or in
part. A copy of the petition shall must be
forthwith served upon the Securities Commissioner, and
thereupon the Securities Commissioner shall certify and file in
court a copy of the filing and evidence upon which the order was
entered. When these have been filed, the court has exclusive jurisdiction
to affirm, modify, enforce or set aside the order, in whole or in part. The
findings of the Securities Commissioner as to the facts, if supported by
competent, material, and substantial evidence, are
conclusive."
SECTION 4. Section 35-1-1460 of the 1976 Code is amended to
read:
"Section 35-1-1460. In case of contumacy by, or refusal to
obey a subpoena issued to, any person, the court of common pleas, upon
application by the Securities Commissioner, may issue to the person an
order requiring him to appear before the Securities Commissioner or the
officer designated by him, there to produce documentary
evidence if so ordered or to give evidence touching the matter under
investigation or in question. The court may fine the person not
exceeding three thousand dollars if it finds that the person's failure to
respond fully to the subpoena was not in good faith or was for purposes
of delay. In any case the court may award the Securities Commissioner
fees and costs incurred in appearing before the court. Failure to
obey the order of the court may be punished by the court as a contempt
of court in addition to the other penalties authorized by this
section."
SECTION 5. The 1976 Code is amended by adding:
"Section 35-1-1475. The Securities Commissioner may
impose and collect an administrative fine against any person found to
have violated any provision of this chapter, any rule or order
promulgated by the commissioner, or any written agreement entered into
with the commissioner in an amount not exceeding five thousand dollars
for each violation."
SECTION 6. Section 35-1-1580 of the 1976 Code is amended to
read:
"Section 35-1-1580. The Securities Commissioner may refer
such that evidence as is available concerning violations
of this chapter or of any rule or order hereunder under this
chapter to the Attorney General or the appropriate Circuit
Solicitor, who may, with or without such a reference, institute the
appropriate criminal proceedings under this chapter."
SECTION 7. Section 35-1-1590 of the 1976 Code is amended to
read:
"Section 35-1-1590. Any person who wilfully violates any
provision of this chapter except Section 35-1-160, who wilfully violates
any rule or order under this chapter or who wilfully violates Section
35-1-160, knowing the statement made to be false or misleading in any
material respect, is guilty of a misdemeanor and
shall, upon conviction, must be fined
not more than five fifty thousand dollars or imprisoned
not more than three years, or both. But However, no
person may be imprisoned for the violation of any rule or order if he
proves that he had no knowledge of the rule or order."
SECTION 8. This act takes effect upon approval by the Governor.
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