Current Status Bill Number:4582 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980204 Primary Sponsor:J. Smith All Sponsors:J. Smith, Cobb-Hunter, Whipper, Lloyd, Inabinett, McGee and Clyburn Drafted Document Number:gjk\20920sd.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Legislative Ethics Committees, investigations; executive sessions, formal hearings open to public; General Assembly
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980204 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES SHALL CONDUCT INVESTIGATIONS, SO AS TO DELETE A PROVISION THAT REQUIRES ALL ETHICS COMMITTEE FORMAL HEARINGS TO BE CONDUCTED IN EXECUTIVE SESSION; AND TO ADD SECTION 8-13-545 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FORMAL HEARINGS OF THESE RESPECTIVE ETHICS COMMITTEES MUST BE OPEN TO THE PUBLIC.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-540(2) of the 1976 Code is amended to read:
"(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."
SECTION 2. The 1976 Code is amended by adding:
"Section 8-13-545. (A) Except as otherwise provided herein, all
formal hearings on a matter convened by the House of Representatives or Senate Ethics Committee after it has determined that probable cause exists after a preliminary investigation to support an alleged breach of privilege or rule, misconduct, or a violation of this chapter or Chapter 17 of Title 2 shall be open to the public.
(B) Notwithstanding any other rule or provision of law, the appropriate House or Senate Ethics Committee may disclose information at any stage of the proceedings:
(1) when the chair, vice-chair, or committee has determined that there is a need to notify another person to protect that person or to notify a government agency in order to protect the public or the administration of justice;
(2) to appropriate law enforcement officials when the chair, vice-chair, or committee determines that it is in possession of reliable information indicating that a person has violated the criminal laws of this State, any other state, or the United States; or
(3) upon waiver in writing by the lawyer for the parties involved or by the parties themselves.
(C) The work product of the staff and the House or Senate Ethics Committee deliberations and records of the committee's deliberations may not be disclosed to the public."
SECTION 3. This act takes effect upon approval by the Governor.