Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 659
STATUS INFORMATION
General Bill
Sponsors: Senator Mescher
Document Path: l:\council\bills\ggs\22769djc03.doc
Introduced in the Senate on April 23, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Office of Inspector General created
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/23/2003 Senate Introduced and read first time SJ-12 4/23/2003 Senate Referred to Committee on Judiciary SJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL WITHIN THE EXECUTIVE BRANCH OF GOVERNMENT, PROVIDE THAT THE OFFICE OF THE STATE INSPECTOR GENERAL IS A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET AND MUST BE HEADED BY A STATE INSPECTOR GENERAL, PROVIDE FOR THE APPOINTMENT, TERM, AND REMOVAL OF THE STATE INSPECTOR GENERAL, PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND 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. 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 agency within the executive branch of the state government. The Office of State Inspector General is a part of the Governor's executive cabinet and must be headed by a State Inspector General who must be appointed by the Governor with the advice and consent of the Senate, for a six-year term. The State Inspector General shall 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 Governor and shall exercise other powers and perform other duties as the Governor 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 public schools, state technical schools, and state colleges and universities.
(B) The purpose of the Office of State Inspector General is:
(1) To 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) To 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) To 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. 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 to the Governor by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence.
(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 shall 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 Governor 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 2. 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.