Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 609
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond, Reese and Elliott
Document Path: l:\council\bills\gjk\20428sd03.doc
Companion/Similar bill(s): 4127
Introduced in the Senate on April 16, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Government restructuring, establishing Dept. of Administration, other provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/16/2003 Senate Introduced and read first time SJ-22 4/16/2003 Senate Referred to Committee on Judiciary SJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, TO PROVIDE THAT THE HEAD OF THESE OFFICES, DIVISIONS, OR COMPONENTS, TRANSFERRED TO THE DEPARTMENT OF ADMINISTRATION, ON BEHALF OF THAT OFFICE, DIVISION, OR COMPONENT IS AUTHORIZED TO CONTRACT WITH PRIVATE PARTIES OR OTHER PUBLIC OR PRIVATE ENTITIES TO PERFORM ANY OF ITS DUTIES, FUNCTIONS, OR RESPONSIBILITIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING SECTION 1-3-55 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GOVERNOR MAY TRANSFER, CONSOLIDATE, OR ELIMINATE PROGRAMS AND FUNCTIONS UNDER CERTAIN CABINET AGENCIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT IN IMPLEMENTING SUCH TRANSFERS, CONSOLIDATIONS, OR ELIMINATIONS, THE GOVERNOR MAY DESIGNATE WHICH APPROPRIATIONS, FUNDING, ASSETS, AND LIABILITIES SHALL BE TRANSFERRED OR CONSOLIDATED, WHICH EMPLOYEES TRANSFERRED, AND WHICH POSITIONS ELIMINATED; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH WITHIN THE BUDGET AND CONTROL BOARD THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South Carolina Restructuring Act of 2003".
SECTION 2. Section 1-30-10(A) of the 1976 Code, as amended by Act 83 of 1995, is further amended by adding at the end:
"20. Department of Administration"
SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-125. (A) Effective July 1, 2003, the following offices, divisions, or components of the State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated in the Department of Administration, which shall be a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):
(1) the entire Division of General Services of the Budget and Control Board, including the Office of Facilities Management, the Office of Business Service, the Office of Agency Mail, Supply and Disposable Property, the Office of Fleet Management, and the Office of State Building and Property Services;
(2) the Office of Human Resources of the Budget and Control Board;
(3) the Office of Research and Statistics of the Budget and Control Board, including Kids Count but excluding Digital Cartography and Precinct Demographics;
(4) the Employee Insurance Program of the Budget and Control Board;
(5) the Energy Office of the Budget and Control Board;
(6) the entire Division of Procurement Services, including the Office of Materials Management;
(7) the entire Division of Internal Audit and Performance Review, including the Office of Internal Audit and Office of Performance Review;
(8) one-half of the Office of Executive Director of the Budget and Control Board;
(9) one-half of the Office of Internal Operations of the Budget and Control Board;
(10) Second Injury Fund as established by Section 42-7-310;
(11) Workers' Compensation Fund as established by Section 42-3-10;
(12) Patients Compensation Fund as established by Section 38-79-420;
(13) Joint Underwriting Association as established by Chapter 83 of Title 38; and,
(14) the Office of Executive Policy and Programs in the Governor's Office, including:
(a) the Office of Economic Opportunity;
(b) the Developmental Disabilities Council;
(c) the Continuum of Care as established by Section 20-7-5610;
(d) the Office of Children's Foster Care as established by Section 20-7-2379;
(e) the Guardian Ad Litem Program as established by Section 20-7-121;
(f) the Office of Veterans Affairs as established by Section 25-11-10;
(g) the Commission on Women as established by Section 1-15-10;
(h) the Office of Victims Assistance as established by Article 13, Chapter 3, Title 16;
(i) the Ombudsman Office as established by Section 16-3-1620;
(j) the Office of Small and Minority Business Assistance as established by Section 11-35-5270;
(k) the Office of Children's Affairs; and,
(l) the Office of Support Services.
(B) The Governor, upon concurrence of the Budget and Control Board, shall specify which components and personnel of the Office of Executive Director and Office of Internal Operations shall be transferred to and become part of the Department of Administration. This authority is ministerial in nature and shall not be construed as giving to the Governor or the Budget and Control Board the right to disapprove the transfer of one-half of such offices to the newly created Department of Administration.
(C) The head of these offices, divisions, or components, transferred to the Department of Administration, on behalf of that office, division, or component is authorized to contract with private parties or other public or private entities to perform any of its duties, functions, or responsibilities."
SECTION 4. (A) Where the provisions of this act transfer offices, or portions thereof, of the Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Office of the Governor, upon concurrence of the Budget and Control Board, shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which the transfer shall be implemented.
(B) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
(C) The Code Commissioner is directed to change or correct all references to these offices of the Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references.
SECTION 5. Chapter 3, Title 1 of the 1976 Code is amended by adding:
"Section 1-3-55. Except for the Department of Public Safety, beginning July 1, 2003, the Governor may transfer, consolidate, or eliminate programs and functions under cabinet agencies or departments enumerated in Section 1-30-10(A) whose director is appointed by the Governor upon the advice and consent of the Senate. In implementing such transfers, consolidations, or eliminations, the Governor is further empowered to designate which appropriations, funding, assets, and liabilities shall be transferred or consolidated, which employees shall be transferred, and which positions shall be eliminated."
SECTION 6. Chapter 3, Title 1 of the 1976 Code is amended by adding:
Section 1-3-300. It is the intent of the General Assembly to create an instrumentality by this article which provides leadership and direction in the use of information technology within government in South Carolina. By this article, the General Assembly recognizes the critical role the use of information technology plays in providing cost effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance both the quality and delivery of services.
Section 1-3-305. There is created the Department of the State Chief Information Officer within the Budget and Control Board. The department shall be headed by the State Chief Information Officer elected by unanimous vote of the Budget and Control Board upon nomination of the Governor. The State Chief Information Officer shall serve for a term coterminous with that of the Governor and until his successor is selected and qualifies.
Section 1-3-310. The Department of the State Chief Information Officer may be organized in a manner the State Chief Information Officer considers most appropriate to carry out various duties, responsibilities, and authorities assigned to the department.
Section 1-3-315. As used in this article:
(1) 'Department' means the Department of the State Chief Information Officer.
(2) 'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes.
(3) 'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or hereafter devised. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services and mobile telecommunications services, and includes all facilities and equipment performing these functions.
Section 1-3-320. (A) The Information Technology Advisory Council is created to advise the State Chief Information Officer on matters relating to information technology standards, policies, and procedures.
(1) This council shall consist of:
(a) the Chief Justice of the South Carolina Supreme Court;
(b) one member of the South Carolina Senate appointed by the President Pro Tempore of the Senate;
(c) one member of the South Carolina House of Representatives appointed by the Speaker of the House of Representatives;
(d) two cabinet agency directors appointed by the Governor;
(e) two noncabinet agency directors appointed by the Governor upon recommendation of the president of the State Agency Directors Organization;
(f) one representative of the state institutions of higher learning appointed by the Council of Public College and University Presidents;
(g) one representative of county government appointed by the Governor upon recommendation of the South Carolina Association of Counties;
(h) one representative of municipal government appointed by the Governor upon recommendation of the Municipal Association of South Carolina;
(i) one citizen member from the private sector appointed by the Governor;
(j) one citizen member from the private sector appointed by the President Pro Tempore of the Senate;
(k) one citizen member from the private sector appointed by the Speaker of the House of Representatives; and
(l) the State Chief Information Officer.
(2) The State Chief Information Officer shall serve as chairman of the Information Technology Advisory Council.
(3) Appointed members shall serve at the pleasure of the appointing authority. Members who serve by virtue of an office shall serve ex officio on the council while they hold that office.
(4) Members may not receive mileage, per diem, subsistence, or any form of compensation for their service on the Information Technology Advisory Council.
(B) The State Information Technology Directors Council is created to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies and procedures, and facilitate the exchange of information among the information technology directors of governmental bodies and political subdivisions. The council shall include representatives from governmental bodies and political subdivisions and shall be chosen in a manner and number determined by the State Chief Information Officer.
(C) The State Chief Information Officer may establish other standing or ad hoc advisory committees to provide assistance relating to any other matters within the department's authority.
Section 1-3-325. The powers and duties of the department include the following:
(1) develop a coordinated statewide strategic plan for information technology;
(2) develop and implement strategic information technology directions, standards, and enterprise architecture, including implementing necessary management processes to assure that governmental bodies fully comply with those directions, standards, and architecture. This specifically includes, but is not limited to, directions, standards, and architecture related to the privacy and confidentiality of data collected and stored by governmental bodies and web site accessibility;
(3) develop policies and procedures for the effective management of information technology investments throughout their entire life cycles, including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;
(4) evaluate the information technology of governmental bodies and combine such information technology and related resources when the department determines that it is advisable from the standpoint of efficiency and cost effectiveness;
(5) plan and forecast future needs for information technology and conduct studies and surveys of organizational structures and best management practices of information technology systems and procedures;
(6) evaluate the information technology plans and projects of governmental bodies to ensure that such plans and projects are consistent with statewide plans, strategies and standards, including alignment with the state's business goals, investment, and other risk management policies;
(7) assist the Secretary of Commerce in the development of information technology related industries in the State and the promotion of economic development initiatives based on information technology;
(8) assist governmental bodies in the development of guidelines concerning the qualifications and training requirements of information technology related personnel;
(9) collaborate with political subdivisions in the development of information technology plans that are consistent with statewide plans, strategies and standards and encourage political subdivisions to pursue information technology investments that are compatible with the state's information technology infrastructure;
(10) secure all telecommunications equipment and services for governmental bodies under terms the department considers suitable and coordinate the supply of the equipment and services for use by governmental bodies;
(11) operate and manage a state consolidated data center to be used by governmental bodies and political subdivisions under terms and conditions established by the department;
(12) develop information technology applications and services for entities requesting such;
(13) administer information technology related procurements and contracting activities for governmental bodies in accordance with the South Carolina Consolidated Procurement Code;
(14) enter into agreements and contracts with governmental bodies, political subdivisions, and other entities for goods and services. The department may establish fee schedules to be collectible from governmental bodies, political subdivisions, and other entities for services rendered and goods provided;
(15) hire all necessary personnel and assign to them duties and powers as the department prescribes; and
(16) exercise and perform other powers and duties as granted to it, imposed upon it by law, or necessary to carry out the purposes of this article.
Section 1-3-330. The department shall have the following additional powers and duties relating to planning and the management of information technology projects:
(1) oversee the development of any statewide and multi-agency information technology enterprise projects;
(2) develop an approval process for the information technology plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit such plan to the department for approval. The department may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;
(3) establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;
(4) develop an approval process for information technology projects proposed by governmental bodies to ensure that all such projects conform to statewide information technology plans, strategies and standards, the information technology plan of the governmental body, and the project management methodology. All information technology projects proposed by governmental bodies that exceed an amount established by the department, initially set at four hundred thousand dollars but subject to adjustment by the department, shall be subject to department approval. Governmental bodies may not artificially divide such projects so as to avoid departmental approval;
(5) monitor information technology projects approved by the department. The department may modify, suspend, and terminate any information technology project that is not in compliance with statewide information technology plans, strategies, and standards or has not met the performance measures agreed to by the department and the sponsoring governmental body;
(6) establish minimum qualifications and training standards for project managers; and
(7) establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology projects.
Section 1-3-335. (A) The department shall have the following additional powers and duties relating to telecommunications:
(1) coordinate the various telecommunications facilities and services used by governmental bodies;
(2) acquire, lease, construct, or organize such facilities and equipment as necessary to deliver comprehensive telecommunications services in an efficient and cost effective manner, and maintain such facilities and equipment;
(3) provide technical assistance to governmental bodies in such areas as (i) performing systems development services, including design, application programming, and maintenance; (ii) conducting research and sponsoring demonstration projects pertaining to all facets of telecommunications; and (iii) planning and forecasting for future needs in communications services; and
(4) provide telecommunications goods and services to political subdivisions.
(B) The acquisition of all telecommunications services for or on behalf of governmental bodies and political subdivisions by the department is exempted from the requirements of the South Carolina Consolidated Procurement Code and the department is authorized to secure telecommunications services upon such terms and conditions as it considers to be appropriate.
(C) No governmental body may enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the department.
Section 1-3-340. The department shall have the following additional powers and duties relating to information technology procurements:
(1) ensure that information technology procurements are conducted in a manner consistent with the South Carolina Consolidated Procurement Code and related regulations;
(2) ensure that information technology procurements conform to statewide information technology plans, strategies, and standards. The department may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;
(3) establish categories of procurement for information technology which shall be exempted from the requirements of the South Carolina Consolidated Procurement Code and related regulations;
(4) enter into cooperative purchasing agreements with political subdivisions for the procurement of information technology and allow political subdivisions to participate in the department's procurement of information technology under terms and conditions established by the department; and
(5) participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.
Section 1-3-345. The department shall have the following additional powers and duties relating to the security of government information and infrastructure:
(1) to protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the department shall develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to data and information systems necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All governmental bodies and political subdivisions of this State are directed to assist the department in the collection of data required for this plan.
(2) to oversee, plan, and coordinate periodic security audits of governmental bodies regarding the protection of government information and information technology infrastructure. These security audits may include, but are not limited to, on-site audits as well as reviews of all written security procedures. The department may conduct the security audits or contract with a private firm or firms to conduct such security audits. Governmental bodies subject to a security audit shall fully cooperate with the entity designated to perform such audits.
Section 1-3-350. (A) The General Assembly in the annual general appropriations act shall appropriate funds sufficient for the development, implementation, and on-going operation of the department's information technology planning, project management, and security responsibilities. The General Assembly shall also appropriate funds necessary to carry out all other duties and responsibilities assigned to the department that are not reimbursable through a fee-for-service methodology.
(B) There is created an Information Technology Innovation Fund in the department of the State Chief Information Officer. This fund shall provide incentives to governmental bodies to implement enterprise initiatives and electronic government projects. Use of the fund shall encourage governmental bodies to pursue innovative and creative approaches using technology that provide needed citizens services more cost-effectively and efficiently. The fund shall not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund shall consist of such moneys appropriated through the state budget process, grants, gifts, and other donations received by the State or otherwise available. The department, with the advice of the Information Technology Advisory Council, shall be responsible for developing appropriate processes to govern the allocation and distribution of these funds."
SECTION 7. Title 1 of the 1976 Code is amended by adding:
Section 1-8-10. The Office of the State Inspector General is created as a separate division within the Budget and Control Board. The Office of State Inspector General must be headed by a State Inspector General who must be nominated by the Governor and elected unanimously by the Budget and Control Board for a term to be coterminous with that of the Governor. The Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection. The State Inspector General must be removed from office only for incapacity, misconduct, or neglect of duty, in the manner provided by law for the removal of officers when no mode of trial or removal is provided in the Constitution. The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Budget and Control Board and shall exercise other powers and perform other duties as the board requires.
Section 1-8-20. (A) For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, agency, or another instrumentality of the executive branch of the state government other than the South Carolina National Guard, and includes state technical schools and state colleges and universities.
(B) The purpose of the Office of State Inspector General is to:
(1) deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all government agencies within the executive branch of the state government;
(2) keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;
(3) provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.
(C) Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.
(D) The state Office of Inspector General and the State Inspector General have no jurisdiction, power, or authority over the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard.
Section 1-8-30. (A) It is the duty and responsibility of the State Inspector General to:
(1) initiate, supervise, and coordinate investigative activities relating to fraud, waste, misconduct, or abuse in executive agencies;
(2) recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;
(3) report expeditiously to and cooperate fully with the Attorney General. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the State, the State Inspector General shall immediately refer the matter to the Attorney General and the Budget and Control Board. The Attorney General is responsible for criminal prosecution or civil litigation and may refer matters to the State Grand Jury, a circuit solicitor, or the appropriate agency for criminal prosecution or civil litigation;
(4) refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.
(B) The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.
Section 1-8-40. (A) In addition to the authority otherwise provided in this chapter, the State Inspector General, in carrying out the duties and responsibilities of his office, is authorized to:
(1) make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the Attorney General before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;
(2) request information or assistance necessary for carrying out the duties and responsibilities provided by this chapter from a federal, state, or local government agency or unit thereof;
(3) require and obtain immediately by written notice from officers and employees of executive agencies and the executive department, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence. If deemed necessary and upon approval of the Budget and Control Board, the State Inspector General shall have subpoena powers;
(4) have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;
(5) select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office. The officers and employees must be employed in accordance with current personnel practices and procedures of the Budget and Control Board and may be assigned by the State Inspector General to designated executive agencies.
(B) Upon request of the State Inspector General for information or assistance, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.
(C) If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Budget and Control Board for appropriate action.
Section 1-8-50. (A) The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety.
(B) The Office of the State Inspector General is authorized and directed to promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations establishing a hotline for reporting fraud, waste, and abuse and a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.
(C) No person may take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.
(D) The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."
SECTION 8. Except as otherwise provided, this act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:18 A.M.