reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 7 - Legislative Enactments › Section 2-7-440. Statement of merits effect on others and notice.

In any case other than that of a charter or incorporation, the petition shall set forth fully and distinctly the merits and particulars of the case and, if the proposed legislation shall in any wise directly affect the rights of others who reside in this State, the petition shall be accompanied with proof that the parties, so far as known, who may be affected merely, have had sixty days' notice of the presentation of such petition before such petition is presented and also that notice of the intention of the petitioner or petitioners to make such application has been published in the newspaper having the largest circulation published in the county in which the privilege or immunity is to be enjoyed, once a week for at least three weeks, the first of which publications shall be at least sixty days before such petition is presented.
HISTORY: 1962 Code Section 30-304; 1952 Code Section 30-304; 1942 Code Section 2077; 1932 Code Section 2077; Civ. C. '22 Section 39; Civ. C. '12 Section 37; Civ. C. '02 Section 34; R. S. 34; 1885 (19) 309.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 7 - Legislative Enactments › Section 2-7-450. Reference of petition to committee.

Any such petition together with the draft of the bill or joint resolution shall be referred to some appropriate committee of the house in which such petition is presented, to be acted upon by such committee.
HISTORY: 1962 Code Section 30-305; 1952 Code Section 30-305; 1942 Code Section 2074; 1932 Code Section 2074; Civ. C. '22 Section 36; Civ. C. '12 Section 34; Civ. C. '02 Section 31; R. S. 31; 1885 (19) 309.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-10. Creation and composition.

There is hereby created a Legislative Council of the General Assembly of South Carolina, the membership of which shall be composed of the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, the chairman of the Judiciary Committee of the Senate or his designee, and the chairman of the Judiciary Committee of the House of Representatives.
HISTORY: 1962 Code Section 30-101; 1952 Code Section 30-101; 1949 (46) 555; 1954 (48) 1761; 1989 Act No. 157, Section 2.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-30. Meetings.

The Legislative Council shall meet upon the call of the chairman or a majority of the members.
HISTORY: 1962 Code Section 30-103; 1952 Code Section 30-103; 1949 (46) 555; 1982 Act No. 344, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-40. Limitations on compensation of members.

The members of the Legislative Council shall not receive compensation for attending meetings of the Council held while the General Assembly is in session, nor shall they be paid for more than a total of ten days between sessions of the General Assembly.
HISTORY: 1962 Code Section 30-104; 1952 Code Section 30-104; 1949 (46) 555.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-50. General duties of Council.

The Legislative Council shall be responsible for the organization and operation of the research, reference, and bill drafting facilities herein provided to serve the General Assembly. The Legislative Council shall make preliminary studies and recommendations upon proposed legislation when so requested by committees or members of the General Assembly and conduct investigations when so directed by either Joint, Senate, or House Resolutions.
HISTORY: 1962 Code Section 30-105; 1952 Code Section 30-105; 1949 (46) 555; 1984 Act No. 450, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-70. Maintenance of Legislative Library.

The Legislative Council shall, in addition to its other functions, maintain a Legislative Library which shall consist of the Codes of Laws of the several states and legislative documents of the State of South Carolina along with other materials deemed necessary in connection with its function and for the benefit of the members of the General Assembly.
HISTORY: 1962 Code Section 30-107; 1971 (57) 709.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-80. Sale of books and documents.

The Director of the Legislative Council may sell any codes, supplements, books, and documents and the proceeds of any sale must be invested in other books or documents for the Legislative Council Library or code inventory.
HISTORY: 1962 Code Section 30-108; 1971 (57) 709; 1991 Act No. 171, Part II, Section 69A.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 11 - Legislative Council › Section 2-11-90. Penalty for stealing or damaging book, document or other property.

Any person wilfully embezzling, stealing, defacing, damaging or in any manner mutilating or destroying while in his possession or in the custody of the Director any book, document or other property confided to the safekeeping of the Director shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days.
HISTORY: 1962 Code Section 30-109; 1971 (57) 709.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-10. Election, term and compensation of Code Commissioner.

A Code Commissioner shall be elected by a majority vote of the Legislative Council for a term of four years and until his successor is elected and qualifies. The term shall commence on July first of the year in which he is elected. He shall receive such annual salary as may be provided by the General Assembly.
HISTORY: 1962 Code Section 1-301; 1952 Code Section 1-301; 1941 Code Section 2111; 1932 Code Section 2111; Civ. C. '22 Section 75; Civ. C. '12 Section 65; Civ. C. '02 Section 62; 1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940; 1954 (48) 1761; 1982 Act No. 344, Section 2.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-20. Vacancy.

In case of vacancy in the office of Code Commissioner from any cause, the Legislative Council shall, as soon as practicable, elect a successor for the unexpired term.
HISTORY: 1962 Code Section 1-302; 1952 Code Section 1-302; 1942 Code Section 2111; 1932 Code Section 2111; Civ. C. '22 Section 75; Civ. C. '12 Section 65; Civ. C. '02 Section 62; 1901 (23) 697; 1918 (30) 798; 1934 (38) 1329; 1940 (41) 1940; 1954 (48) 1761.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-30. Powers of Legislative Council as to revision of Code; establishment of Committee on Statutory Laws.

The Legislative Council shall determine the time, manner, and means of revising the Code of Laws for the State, shall determine the method for keeping the general permanent statutory law of the State supplemented and shall check on the work of the Code Commissioner. The Council may let bids for publishing the Code or supplements or may negotiate for the publications whichever it determines is in the best interest of the State. In order to advise the Council in all matters relating to Code Commissioner work, there is created the Committee on Statutory Laws to be composed of three members of the Judiciary Committee of the Senate and three members of the Judiciary Committee of the House of Representatives who shall be appointed at the first session of each General Assembly.
HISTORY: 1962 Code Section 1-303; 1952 Section 1-303; 1942 Code Section 2117; 1932 Code Section 2117; 1931 (37) 165; 1940 (41) 1940; 1975 (59) 160; 1981 Act No. 178, Section 25; 1981 Act No. 148, Section 14; 1982 Act No. 344, Section 3.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-40. Meetings, pay and expenses of Committee.

The Committee shall meet at the call of the chairman. Each member of the Committee shall receive traveling expenses, subsistence, and per diem, as provided by law for members of boards, committees, and commissions, which shall be paid from the approved accounts of the respective Houses of the members, when actually engaged in his duties.
HISTORY: 1962 Code Section 1-304; 1952 Code Section 1-304; 1942 Code Section 2118; 1932 Code Section 2118; 1931 (37) 168; 1940 (41) 1940; 1982 Act No. 344, Section 4.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-50. Positions of Committee secretary and director of Legislative Council shall be held by Code Commissioner; employment of clerical personnel and assistants.

The Code Commissioner shall act as secretary for the Committee on Statutory Laws, and shall be the director of the Legislative Council. As such director he shall employ, subject to the approval of the Legislative Council, such clerical and other assistants as may be necessary for the proper performance of the duties of the several divisions of the Legislative Council, as provided for in Sections 2-11-50 and 2-11-60.
HISTORY: 1962 Code Section 1-305; 1952 Code Sections 1-305, 30-107, 30-108; 1942 Code Section 2118; 1932 Code Section 2118; 1931 (37) 168; 1940 (41) 1940; 1949 (46) 555; 1954 (48) 1761.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-60. Duties of Code Commissioner.

The Code Commissioner must:
(1) compile the public statutes of the State;
(2) prepare indices and cross-indices to the codification of public statutes, and publish these indices in the appropriate code volumes;
(3) note by annotation decisions of the State Supreme Court, the State Court of Appeals, and the federal District Court for the District of South Carolina and decisions relevant to the State from the federal Fourth Circuit Court of Appeals and the United States Supreme Court under the appropriate sections of the codified statutes, the State Constitution of 1895, the United States Constitution, and the state rules of court;
(4) note by annotation all unpublished opinions sent to the Code Commissioner by a federal District Judge of the South Carolina District which, in the Code Commissioners opinion, affect or invalidate a South Carolina statute, act, or resolution;
(5) annually prepare for publication, to be printed by the Legislative Services Agency, the statutes and joint resolutions passed at the preceding session;
(6) place analysis lines at the beginning of each section in every act and joint resolution, except state appropriation measures;
(7) make references, by act number and year in which the act is published, to each act and joint resolution of a previous session when amended or repealed;
(8) divide the acts and joint resolutions into general permanent laws and local or temporary laws, with indices and cross-indices;
(9) arrange all local enactments according to counties in alphabetical order;
(10) regularly review and examine all the general statutory laws of the State;
(11) correct typographical and clerical errors;
(12) change or substitute names, titles, and other designations to make them conform to new laws enacted by the General Assembly or new rules, regulations, or orders having the force and effect of law.
HISTORY: 1962 Code Section 1-306; 1952 Code Section 1-306; 1942 Code Section 2112; 1932 Code Section 2112; Civ. C. '22 Section 76; Civ. C. '12 Section 66; Civ. C. '02 Section 63; 1913 (28) 68; 1927 (35) 268; 1934 (38) 1329; 1972 (57) 2775; 1982 Act No. 344, Section 5; 1985 Act No. 201, Part II, Section 81I; 1999 Act No. 55, Section 5; 2001 Act No. 23, Section 1; 2002 Act No. 333, Section 3; 2002 Act No. 356, Section 1, Part VI.P(3); 2013 Act No. 31, Section 6, eff May 21, 2013.
Effect of Amendment
The 2013 amendment, in subsection (5), substituted "Legislative Services Agency" for "Office of Legislative Printing, Information and Technology Systems (LPITS)".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-65. Code Commissioner to delete legislative members from boards and commissions.

The Code Commissioner is directed to delete all references to legislative members serving in any capacity as a member of a state board or commission, except as allowed by Section 8-13-770.
HISTORY: 1991 Act No. 248, Section 6.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-66. Code Commissioner to add crimes to appropriate category.

The Code Commissioner is authorized to add all crimes and offenses enacted by the General Assembly to Sections 16-1-90 and 16-1-100 of the 1976 Code. However, the crimes and offenses must be added to the appropriate category as established by Section 16-1-20(A). If the term of imprisonment for a crime or offense does not fit into one of the six established felony categories or one of the three established misdemeanor categories, it must be placed on the list of exempt offenses contained in Section 16-1-10(D). The purpose of this provision is to allow the Code Commissioner to place crimes and offenses in the appropriate category as established by the General Assembly without requiring each act which affects crimes and offenses to specifically reference Section 16-1-90 or 16-1-100. The Code Commissioner is prohibited from changing the designation by the General Assembly of any crime or offense from felony to misdemeanor or from misdemeanor to felony and is likewise prohibited from changing the number of years of any sentence set by the General Assembly.
HISTORY: 1993 Act No. 184, Section 265.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-70. Position of Code Commissioner as constitutional office; annual report.

The position of Code Commissioner does not constitute an office referred to in Section 3, Article VI of the State Constitution. The Code Commissioner shall report annually to the Legislative Council expenditures from approved accounts appropriated to the Council in the general appropriations act.
HISTORY: 1987 Act No. 170, Part II, Section 37.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-80. Annual cumulative supplements to Code.

There shall be prepared and published annually, under the supervision and direction of the Legislative Council and the Code Commissioner, cumulative supplements to the Code of Laws showing in such detail as the Council and Commissioner may deem proper and sufficient:
(1) All general permanent statutes enacted during the annual sessions of the General Assembly whereby the general statutory law as contained in the Code of Laws has been added to, amended, repealed or otherwise affected;
(2) All changes, since the adoption of the Code, in the Constitution of the United States, the Constitution of South Carolina, the rules of the various state courts, and the regulations issued by departments and agencies of the State;
(3) All decisions of the Supreme Court of South Carolina, the court of appeals of South Carolina, and of the courts of the United States, subsequent to those referred to in the then existing Code of Laws, construing the general and permanent statutory law and the Constitution of South Carolina.
HISTORY: 1962 Code Section 1-307; 1952 Code Section 1-307; 1942 Code Section 2118; 1932 Code Section 2118; 1931 (37) 168; 1940 (41) 1940; 1953 (48) 223; 1975 (59) 160; 1976 Act No. 522, Section 1; 1982 Act No. 344, Section 6; 1999 Act No. 55, Section 6.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-100. Contracts for annual cumulative supplements.

The Legislative Council may contract for the preparation and publication of the annual cumulative supplements to the Code of Laws, and contracts may be awarded for a period of not more than five years under terms as the Council may see fit.
HISTORY: 1962 Code Section 1-308; 1952 Code Section 1-308; 1942 Code Section 2118; 1932 Code Section 2118; 1931 (37) 168; 1940 (41) 1940; 1953 (48) 223; 1975 (59) 160; 1982 Act No. 344, Section 8.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-140. Access to State papers and documents; assistance of State officers.

The Code Commissioner and the Legislative Council shall have access to State papers and documents in the custody of the Secretary of State or other custodians of the State laws and archives. The Attorney General and his office, the South Carolina Archives Department and other State agencies and State officers shall on request of the Commissioner and Council cooperate in the codifying of the general statutory law.
HISTORY: 1962 Code Section 1-312; 1952 Code Section 1-312; 1942 Code Section 2113; 1932 Code Section 2113; Civ. C. '22 Section 77; Civ. C. '12 Section 67; Civ. C. '02 Section 64; Const. Art. 6 Section 5; 1896 (22) 203; 1940 (41) 1940; 1954 (48) 1752; 1975 (59) 160.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-150. Inclusion in Code of matter other than statutory law and Constitution.

The Legislative Council shall determine the laws to be included in the Code of Laws and reports thereon. Such Code and reports shall contain the general permanent statutory law, the Constitution of South Carolina and such other matter as the Legislative Council may determine.
HISTORY: 1962 Code Section 1-313; 1952 Code Section 1-313; 1942 Code Section 2113; 1932 Code Section 2113; Civ. C. '22 Section 77; Civ. C. '12 Section 67; Civ. C. '02 Section 64; Const. Art. 6, Section 5; 1896 (22) 203; 1940 (41) 1940; 1975 (59) 160; 1982 Act No. 344, Section 9.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-160. Elimination from Code of provisions providing compensation of officers and employees referred to in Section 8-15-10.

The Commissioner in preparing a proposed code for adoption by the General Assembly shall eliminate therefrom all provisions providing compensation of all such officers and employees as are referred to in Section 8-15-10.
HISTORY: 1962 Code Section 1-313.1; 1952 Code Section 1-313.1; 1951 (47) 506.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-170. Adoption of Code and subsequent amendment.

The Code thus prepared by the Commissioner shall be declared by the General Assembly, in an act passed according to the forms in the Constitution of 1895 for the enactment of laws, to be the only general permanent statutory law of the State, and no alterations or additions to any of the laws therein contained shall be made except by act passed under the formalities required in the Constitution.
HISTORY: 1962 Code Section 1-314; 1952 Code Section 1-314; 1942 Code Section 2113; 1932 Code Section 2113; Civ. C. '22 Section 77; Civ. C. '12 Section 67; Civ. C. '02 Section 64; Const. Art. 6, Section 5; 1896 (22) 203; 1940 (41) 1940; 1982 Act No. 344, Section 10.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-175. Catch line heading or caption not part of Code section.

The catch line heading or caption which immediately follows the section number of any section of the Code of Laws must not be deemed to be part of the section and must not be used to construe the section more broadly or narrowly than the text of the section would indicate. The catch line or caption is not part of the law and is merely inserted for purposes of convenience to the person using the Code.
HISTORY: 1994 Act No. 292, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-180. Publication of advance sheets of statutes; page proofs.

The Code Commissioner, from time to time during any session of the General Assembly, shall furnish the Legislative Services Agency (LSA) with all acts and joint resolutions of a general and permanent nature which have become law. The Legislative Services Agency (LSA) as soon as practicable after delivery of these acts and joint resolutions, shall furnish the Code Commissioner with page proofs of all acts and joint resolutions.
HISTORY: 1962 Code Section 1-315; 1952 Code Section 1-315; 1942 Code Section 2114; 1932 Code Section 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 1955 (49) 319; 1985 Act No. 201, Part II, Section 81F; 2002 Act No. 333, Section 4; 2002 Act No. 356, Section 1, Part VI.P(4); 2013 Act No. 31, Section 7, eff May 21, 2013.
Effect of Amendment
The 2013 amendment twice substituted "Legislative Services Agency (LSA)" for "Office of Legislative Printing, Information and Technology Systems (LPITS)".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-190. Publication of advance sheets; distribution online.

After receiving the page proofs corrected from the Code Commissioner, the Legislative Services Agency shall print the same and shall deliver not more than twenty-five copies to the Code Commissioner as the commissioner orders. LSA shall publish the advance sheets online as directed by the Code Commissioner and in accordance with applicable law. Dissemination of advance sheets to previous recipients will be accomplished by making them available online only and will not be provided in printed form.
HISTORY: 1962 Code Section 1-316; 1952 Code Section 1-316; 1942 Code Section 2114; 1932 Code Section 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 1948 (45) 1643; 1952 (47) 2890; 1954 (48) 1752; 1960 (51) 1646; 1961 (52) 173; 1968 (55) 2845; 1985 Act No. 201, Part II, Section 81G; 1987 Act No. 194, Section 3; 1993 Act No. 181, Section 24; 2002 Act No. 333, Section 5; 2002 Act No. 356, Section 1, Part VI.P(5); 2009 Act No. 10, Section 2, eff May 6, 2009; 2013 Act No. 31, Section 8, eff May 21, 2013.
Code Commissioner's Note
2007 Act No. 114, Section 9, directed the Code Commissioner to change "Director" to "Secretary" of the Department of Transportation.
Effect of Amendment
The 2009 amendment rewrote this section to eliminate the requirements for distribution of printed copies of advance sheets and to provide for distribution online.
The 2013 amendment substituted "Legislative Services Agency" for "Office of Legislative Printing, Information and Technology Systems (LPITS)" and substituted "LSA" for "LPITS".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-200. Sale of signatures and disposition of proceeds.

The Code Commissioner and the Legislative Council may sell the service mentioned in Section 2-13-190 on terms agreeable to the council and the Code Commissioner. All funds received for this service must be deposited in the state treasury, to the credit of the General Fund of the State, but before any funds are paid into the state treasury, the expenses of the Code Commissioner and the Legislative Services Agency (LSA) for additional supplies, postage, and clerical help may be first deducted. Payment of these additional expenses may be made on order of the Chairman of the Legislative Council and the Clerks of the House and Senate.
HISTORY: 1962 Code Section 1-316.1; 1952 Code Section 1-316.1; 1942 Code Section 2114; 1932 Code Section 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 1975 (59) 160; 1985 Act No. 201, Part II, Section 81H; 2002 Act No. 333, Section 6; 2002 Act No. 356, Section 1, Part VI.P(6); 2013 Act No. 31, Section 9, eff May 21, 2013.
Effect of Amendment
The 2013 amendment substituted "Legislative Services Agency (LSA)" for "Office of Legislative Printing, Information and Technology Systems (LPITS)".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 13 - Code Commissioner And Committee On Statutory Laws › Section 2-13-210. Publication of complete annual Acts and Joint Resolutions.

Within twenty-five days after the adjournment of any session of the General Assembly, the Code Commissioner shall furnish the Director of the Legislative Services Agency all acts and joint resolutions passed, and which have been approved by the Governor. The Code Commissioner shall deliver to the Director of the Legislative Services Agency, within fifteen days after the receipt of the final page proof, a complete index of all the acts and joint resolutions furnished the director and such other copy as may be necessary for the published acts. The style and makeup of the acts and joint resolutions must be in such form as the Code Commissioner and Clerks of the Senate and the House may agree upon.
HISTORY: 1962 Code Section 1-317; 1952 Code Section 1-317; 1942 Code Section 2114; 1932 Code Section 2114; 1927 (35) 268; 1934 (38) 1329; 1941 (42) 119; 1985 Act No. 201, Part II, Section 81K; 2002 Act No. 333, Section 7; 2002 Act No. 356, Section 1, Part VI.P(7); 2013 Act No. 31, Section 10, eff May 21, 2013.
Effect of Amendment
The 2013 amendment twice substituted "Director of the Legislative Services Agency" for "Director of the Office of Legislative Printing, Information and Technology Systems".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-10. Creation and membership of council.

There is created the Legislative Audit Council consisting of five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department.
HISTORY: 1962 Code Section 30-111; 1974 (58) 2608; 1975 (59) 178; 1990 Act No. 329, Section 1; 1995 Act No. 8, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-20. Nominating committee.

The nominating committee must be composed of six members, three of whom must be appointed by the President of the South Carolina Senate and three of whom must be appointed by the Speaker of the South Carolina House of Representatives. The nominating committee shall present not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly. If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held.
HISTORY: 1962 Code Section 30-112; 1974 (58) 2608; 1975 (59) 178; 1995 Act No. 8, Section 2.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-30. Terms of office; prohibition of membership to members of General Assembly; chairman.

The terms of office of the members of the Council shall be for six years and until their successors are appointed and qualify, except that of the initial members, one shall be elected for the term of two years, one for a term of four years and one for a term of six years. No person who is either a member of the General Assembly or has served in the General Assembly during the preceding two years shall be elected to the Council. Any member may succeed himself on the Council. The Council shall elect its own chairman.
HISTORY: 1962 Code Section 30-113; 1974 (58) 2608; 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-40. Election, qualifications and duties of Director.

The Council shall be in charge of a Director who shall be elected by a majority vote of the Council and he shall hold office for a term of four years and until his successor shall have been elected and qualifies. The Director shall be chosen solely on the grounds of fitness to perform the duties assigned to him and shall possess the following minimum qualifications: (a) a Baccalaureate Degree from an accredited college or university; (b) at least five years of experience in public, industrial or governmental accounting with at least three years in a responsible managerial capacity. No member of the General Assembly nor anyone who shall have been a member for two years previously shall be appointed as Director. The Director shall act as Secretary for the Council and he shall have authority to employ, with the approval of the Council, such technical, clerical, and stenographic assistance as may be necessary to carry out the duties of the office; provided, however, that at least one staff member shall be qualified to audit or to supervise the audit of State programs and activities in order to determine if funds have been used in a faithful, effective, economical and efficient manner.
HISTORY: 1962 Code Section 30-114; 1974 (58) 2608; 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-50. "State agencies", "audit" defined.

For the purpose of this chapter "state agencies" means all officers, departments, boards, commissions, institutions, universities, colleges, bodies politic and corporate of the State and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived, but does not mean or include counties.
For the purposes of this chapter, "audit" means a full-scope examination of and investigation into all state agency matters necessary to make a determination of:
(a)(1) whether the entity is acquiring, protecting, and using its resources, such as personnel, property, and space, economically and efficiently;
(2) the causes of inefficiencies or uneconomical practices; and
(3) whether the entity has complied with laws and regulations concerning matters of economy and efficiency; and
(b)(1) the extent to which the desired results or benefits established by the General Assembly or other authorizing body are achieved;
(2) the effectiveness of organizations, programs, activities, or functions and whether these organizations, programs, activities, or functions should be continued, revised, or eliminated; and
(3) whether the entity has complied with laws and regulations applicable to the program.
HISTORY: 1975 (59) 178; 1985 Act No. 201, Part II, Section 16A; 1990 Act No. 329, Section 2; 2014 Act No. 121 (S.22), Pt IX, Section 26.B, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 26.B, rewrote subsection (b)(2).
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-60. Duties of council.

It is the duty of the council:
(a) To respond to any request concerning a fiscal matter or information related to the purposes set forth in Section 2-15-50 which may be referred to it by the General Assembly or any of its members or committees.
(b) To conduct audits, if authorized by the council, upon request of the General Assembly or either of its respective bodies, a standing committee, the Speaker of the House, the President of the Senate, or not less than five members of the General Assembly, and to submit a report containing its findings and recommendations to the requesting entity or persons and to any member of the General Assembly who may request a copy.
(c) To assist the General Assembly in the performance of its official functions by providing its members and committees with impartial and accurate information and reports concerning the fiscal problems presented to them as members of the General Assembly.
(d) To establish a system of post audits for all fiscal matters and financial transactions for all state agencies of the state government.
HISTORY: 1962 Code Section 30-115; 1974 (58) 2608; 1975 (59) 178; 1990 Act No. 329, Section 3; 2019 Act No. 1 (S.2), Section 17, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 17, in (b), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-61. Access by Council to agency records and facilities; exception.

For the purposes of carrying out its audit duties under this chapter, the Legislative Audit Council shall have access to the records and facilities of every state agency during that agency's operating hours with the exception of reports and returns of the South Carolina Department of Revenue as provided in Sections 12-7-1680 and 12-35-1530.
HISTORY: 1985 Act No. 201, Part II, Section 16B; 1993 Act No. 181, Section 26.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-62. Applicability of provisions relative to confidentiality of records.

In the performance of their audit duties, Legislative Audit Council staff members are subject to the statutory provisions and penalties regarding confidentiality of records of the agency under review.
HISTORY: 1985 Act No. 201, Part II, Section 16C.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-63. Management performance audit of Lottery Commission.

(A) Beginning in December 2004 and every three years after that, the Legislative Audit Council shall conduct a management performance audit of the South Carolina Lottery Commission. The cost of this audit is an operating expense of the commission.
(B) Nothing in this section limits, abridges, or otherwise affects the provisions of Section 2-15-60.
(C) The Legislative Audit Council may contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm mUst not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation.
HISTORY: 2001 Act No. 59, Section 6.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-64. Department of Social Services audits.

Beginning December 31, 2013, and every three years thereafter, the Legislative Audit Council shall conduct a management performance audit of a program of the South Carolina Department of Social Services. The program to be reviewed will be determined after consultation with the House of Representatives and the Senate. The Legislative Audit Council is authorized to charge the Department of Social Services for federal funds, if available, for the costs associated with this audit and shall provide certification to the Department of Social Services of certified public expenditures that are eligible for matching federal funds. The Department of Social Services shall remit the federal funds to the Legislative Audit Council as reimbursement for the costs of the audit.
HISTORY: 2014 Act No. 281 (H.3102), Section 3, eff June 10, 2014.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-65. Auditing for Title XX funds.

Notwithstanding any other provision of law, in order to further comply with federal requirements and increase the oversight abilities of the General Assembly, the Legislative Audit Council shall ensure that an appropriate amount is budgeted for audit purposes in all Title XX federal programs and shall designate and assign audit responsibility in accordance with state and federal laws and regulations and the intent of the General Assembly.
HISTORY: 1977 Act No. 219, Part II, Section 30.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-70. Use of facilities of State institutions of higher learning and other agencies.

The facilities of the State institutions of higher learning and any other tax supported agencies shall be available for use by the Council in carrying out its functions.
HISTORY: 1962 Code Section 30-116; 1974 (58) 2608; 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-80. Employees shall not urge or oppose legislation or give financial advice.

Neither the Director nor any other employee of the Council shall urge or oppose any legislation or give financial advice to any person except members of the legislature.
HISTORY: 1962 Code Section 30-117; 1974 (58) 2608; 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-90. Council shall not prepare legislation; relations with Legislative Council.

It shall not be a function of the Council staff to prepare legislation and all suggested legislation resulting from staff studies shall be channeled through the Legislative Council which shall cooperate with the staff.
HISTORY: 1962 Code Section 30-118; 1974 (58) 2608; 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-110. Expenses of members of nominating committee and Council.

The members of the nominating committee and the members of the Legislative Audit Council shall be entitled to per diem, mileage and subsistence as provided by law for members of boards, committees and commissions.
HISTORY: 1975 (59) 178.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 15 - Legislative Audit Council › Section 2-15-120. Confidentiality of records; penalty for violations.

All records and audit working papers of the Legislative Audit Council with the exception of its final audit reports provided for by Section 2-15-60 are confidential and not subject to public disclosure. The court in determining the extent to which any disclosure of all or any part of a council record is necessary shall impose appropriate safeguards against unauthorized disclosure.
As used in this section, "records" includes, but is not limited to books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by the Legislative Audit Council.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars or imprisoned not more than one year. If the person convicted is an officer or employee of the State, he must be dismissed from office or employment and is ineligible to hold any public office in this State for a period of five years after the conviction.
HISTORY: 1981 Act No. 29; 1998 Act No. 419, Part II, Section 35C; 2002 Act No. 244, Section 1.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 17 - Lobbyists And Lobbying › Section 2-17-5. Transfer of duties and powers from Secretary of State to State Ethics Commission.

On July 1, 1993, the duties and powers given to the Secretary of State in this chapter must be transferred to the State Ethics Commission. When this transfer takes place, the Code Commissioner is directed to change all references in this chapter from the Secretary of State to the State Ethics Commission.
HISTORY: 1991 Act No. 248, Section 2.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 17 - Lobbyists And Lobbying › Section 2-17-15. Persons prohibited from serving as lobbyist; application of section.

(A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.
(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993.
HISTORY: 1991 Act No. 248, Section 2; 1993 Act No. 181, Section 27.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 17 - Lobbyists And Lobbying › Section 2-17-17. Outside lobbyists' disclosure statements; copies to board members, commissioners, etc.

A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs or contracts with a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state, from funds appropriated in the annual general appropriations act, must retain and use a portion of these funds to provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity.
HISTORY: 1993 Act No. 164, Part II, Section 54.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 17 - Lobbyists And Lobbying › Section 2-17-40. Report of lobbying activities of state agency or department.

(A) Each state agency or department must, no later than June thirtieth and January thirty-first of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:
(1) an identification of each public official, public employee, or other person who engaged in lobbying for that agency during the covered period;
(2) legislation, covered agency actions, or covered gubernatorial actions the persons identified in item (1) engaged in lobbying during the covered period;
(3) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of the income attributable to the lobbyist's lobbying paid or promised;
(4)(a) a complete and itemized account of all expenditures made or incurred by those persons identified in item (1) in the performance of their lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter;
(b) the name of each public official on whose behalf the state agency or department initiated or made expenditures pursuant to Section 2-17-90 and a complete and itemized account of the amount expended by the state agency or department for each public official;
(c) any reimbursements of or expenditures for actual expenses as allowed in Section 2-17-100.
(B) Where total amounts are required to be reported, totals must be reported for the entire calendar year to date. The reports required by this section are not required from any agency whose only lobbying is appearing before any committee of the General Assembly at the request of that committee or at the request of any member or members of that committee.
HISTORY: 1962 Code Section 30-154; 1952 Code Section 30-155; 1942 Code Section 2070-1; 1935 (39) 3; 1972 (57) 2558; 1974 (58) 2622; 1991 Act No. 248, Section 2; 2003 Act No. 76, Section 7.
2023 South Carolina Code of Laws › Title 2 - General Assembly › Chapter 17 - Lobbyists And Lobbying › Section 2-17-45. Reports required of certain entities which rank or rate actions, votes or failures to act or vote of certain public officials.

An entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or a member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials and which disseminates its rankings or ratings to the general public must no later than April first of each year file a report with the State Ethics Commission. The provisions of this section do not apply to an entity whose primary business is the publication of a newspaper or other periodical or the production of electronic media programming or to a private membership organization which disseminates its rankings or ratings only to its own membership. The entity shall file the report on a form prescribed by the State Ethics Commission which must contain the full name, address, and telephone number of:
(1) the entity;
(2) each officer and director of the entity;
(3) each member of the entity who is a member of the General Assembly; and
(4) each member of the entity who is a lobbyist or a lobbyist's principal.
HISTORY: 1991 Act No. 248, Section 2.