Current Status Introducing Body:Senate Bill Number:4 Primary Sponsor:Wilson Committee Number:05 Type of Legislation:GB Subject:Ethics Commission Residing Body:Senate Current Committee:Ethics Computer Document Number:OLDVS/LIBX/23012 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4 Senate Jan 08, 1991 Introduced and read first 05
time, referred to Committee
4 Senate Sep 10, 1990 Prefiled, referred to 05
Committee
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TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-120(e) of the 1976 Code is amended to read:
"(e) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall be investigated by the State Ethics Commission and a determination made thereon. Provided, however, that no complaint shall be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any election in which he is a candidate and any complaint filed against such candidate which was received more than fifty days prior to such election shall be disposed of by the commission or by dismissal of such complaint not less than forty days prior to the election. The provisions of the above proviso shall not apply to complaints received concerning candidates who qualify within fifty days of an election. To make investigations with respect to complaints filed by a person or on its own volition against a person alleged to have violated the provisions of this chapter. A copy of the complaint must be sent promptly to the person alleged to have committed the violation. The executive director shall determine whether there are facts sufficient to allege a violation. If he determines that there are facts sufficient to allege a violation, an investigation must be initiated promptly utilizing the resources of other state agencies as may be requested. If after the preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate, (1) render an advisory opinion to the respondent and require the respondent's compliance with the opinion in a reasonable time, or (2) convene a formal hearing on the matter after notice of not less than thirty days after making the determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory opinion, whichever comes later. All commission investigations and records relating to the preliminary investigation are confidential. If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protection consistent with state administrative procedures, 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. Upon completion of its investigation and a hearing on it, the commission, where appropriate, shall recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action. In the case of a public employee, the commission shall file a report with the administrative department executive responsible for the activities of the employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor. The investigation, commission deliberations, and hearings are confidential. The disposition of all complaints is a matter of public record."
SECTION 2. This act takes effect upon approval by the Governor.