South Carolina General Assembly

115th Session, 2003-2004

S. 85

STATUS INFORMATION

General Bill

Sponsors: Senators Hayes, Ravenel, Reese and Courson

Document Path: l:\council\bills\bbm\9300zw03.doc

Companion/Similar bill(s): 102

Introduced in the Senate on January 14, 2003

Introduced in the House on March 5, 2003

Last Amended on February 27, 2003

Currently residing in the House Committee on Judiciary

Summary: Legislative Ethics Committees, authorized to ascertain whether person failed to comply fully and accurately with disclosure requirements and to notify person to file necessary notices and reports

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/11/2002 Senate Prefiled

12/11/2002 Senate Referred to Committee on Judiciary

1/14/2003 Senate Introduced and read first time SJ‑53

1/14/2003 Senate Referred to Committee on Judiciary SJ‑53

2/26/2003 Senate Committee report: Favorable with amendment Judiciary SJ‑22

2/27/2003 Senate Amended SJ‑15

2/27/2003 Senate Read second time SJ‑15

3/5/2003 Senate Read third time and sent to House SJ‑18

3/5/2003 House Introduced and read first time HJ‑73

3/5/2003 House Referred to Committee on Judiciary HJ‑73

VERSIONS OF THIS BILL

12/11/2002

2/26/2003

2/27/2003


Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 27, 2003

S. 85

Introduced by Senators Hayes, Ravenel, Reese and Courson

S. Printed 2/27/03--S.

Read the first time January 14, 2003.

[85-1]


A BILL

TO AMEND SECTION 8‑13‑530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE WITHIN THEM THE POWER TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH THE DISCLOSURE REQUIREMENTS AND NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS TO SATISFY THE REQUIREMENTS OF CHAPTER 13 OF TITLE 8 AND TO RECEIVE COMPLAINTS FILED BY INDIVIDUALS AND TO FILE COMPLAINTS WHEN ALLEGED VIOLATIONS ARE IDENTIFIED.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 8‑13‑530 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

“Section 8‑13‑530. Each ethics committee shall:

(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;

(2) receive complaints filed by individuals and upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;

(1)(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;

(2)(4) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No A complaint may not be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty‑day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;

(3)(5) obtain information and investigate complaints as provided in Section 8‑13‑540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;

(4)(6) administer or recommend sanctions appropriate to a particular member of or candidate for the appropriate house pursuant to Section 8‑13‑540 or dismiss the charges; and

(5)(7) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house.”

SECTION 2. This act takes effect upon approval by the Governor.

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