Current Status Bill Number:4598 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980210 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:gjk\20988sd.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Administrative law judges division, code of Judicial Conduct, Appellate Court Rules; Courts, Ethics
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980210 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 1-23-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW JUDGES BEING BOUND BY THE CODE OF JUDICIAL CONDUCT; TO AMEND SECTION 2-17-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO LOBBYISTS AND LOBBYING; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THAT ADMINISTRATIVE LAW JUDGES SHALL BE SUBJECT TO THE CODE OF JUDICIAL CONDUCT AND EXEMPT FROM ETHICS PROVISIONS OF LAW APPLICABLE TO PUBLIC OFFICIALS, AND TO FURTHER PROVIDE FOR THE SPECIFIC COURT RULES APPLICABLE TO THE ADMINISTRATIVE LAW JUDGE AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-560 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-560. Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and as enforced and regulated by the Commission on Judicial Conduct pursuant to the Rules for Judicial Disciplinary Enforcement set forth in Rule 502 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. Administrative law judges are subject to the requirements and restrictions set forth in Rules 503, 504, and 505 of the South Carolina Appellate Court Rules. Employees of the Administrative Law Judge Division are subject to the requirements and restrictions set forth in Rules 506 and 507 of the South Carolina Appellate Court Rules."
SECTION 2. Section 2-17-10(18) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(18) 'Public official' means any elected or appointed official of the State, including candidates for any such state office. However, 'public official' does not mean a member of the judiciary or an administrative law judge."
SECTION 3. Section 8-13-100(27) of the 1976 Code is amended to read:
"(27) 'Public official' means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereof, including candidates for the office. 'Public official' does not mean a member of the judiciary or an administrative law judge except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter."
SECTION 4. Section 8-13-1300(28) of the 1976 Code is amended to read:
"(28) 'Public official' means an elected or appointed official of the State, a county, a municipality or a political subdivision thereof, including candidates for the office. However, 'public official' does not mean a member of the judiciary or an administrative law judge except for purposes of campaign financing. A probate judge is considered a public official and must meet the requirements of this article."
SECTION 5. This act takes effect upon approval by the Governor.