Indicates Matter Stricken Indicates New Matter COMMITTEE REPORT January 21, 2015 H. 3184 Introduced by Reps. Pope, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Finlay, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, McKnight, Clary, M.S. McLeod, Thayer and W.J. McLeod S. Printed 1/21/15--H. Read the first time January 13, 2015. THE COMMITTEE ON JUDICIARY To whom was referred a Bill (H. 3184) to amend Section 813310, as amended, Code of Laws of South Carolina, 1976, relating to the State Ethics Commission and its membership, so as to reconstitute, etc., respectfully REPORT: That they have duly and carefully considered the same and recommend that the same do pass with amendment: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Section 813310 of the 1976 Code, as last amended by Act 279 of 2012, is further amended to read: “Section 813310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the atlarge members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to “this chapter” in Article 3 of Chapter 13 of Title 8 to “this chapter and Chapter 17 of Title 2”.
of confidential information is a misdemeanor, and a person releasing confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year. (5) Upon completion of the commission’s investigation, the commission shall make a recommendation as to whether there is probable cause to believe a violation of this chapter or of Chapter 17, Title 2 has occurred. The commission shall forward a copy of its recommendation, along with a copy of all relevant reports, evidence, and testimony, to the appropriate ethics committee. (6) If after reviewing the commission’s recommendation and relevant evidence, the ethics committee determines that probable cause does not exist, it shall send a written decision to the respondent and the complainant. If the ethics committee determines that probable cause exists to support an alleged violation, it shall, as appropriate: (a) render an advisory opinion to the respondent and require the respondent’s compliance within a reasonable time; or (b) convene a formal public hearing on the matter within thirty days of the respondent’s failure to comply with the advisory opinion. A complaint must not be accepted which is filed later than four years after the alleged violation occurred. (B) If a formal public hearing is to be held: (1) the investigator or attorney handling the investigation from the ethics commission shall present the evidence related to the complaint to the appropriate ethics committee; (2) it is the duty of the investigator or attorney to further investigate the subject of the complaint and any related matters under the jurisdiction and at the direction of the ethics committee, to request assistance from appropriate state agencies as needed, to request authorization from the committee for funds for the hiring of auditors, investigators, or other assistance as necessary, to prepare subpoenas, and to present evidence to the committee at any public hearing. The appropriate committee shall maintain the authority to approve subpoenas, authorize expenditures, dismiss complaints, schedule hearings, grant continuances, and any other authority as provided for by their rules; (3) the respondent must be allowed to examine and make copies of all evidence in the ethics committee’s possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to crossexamine opposing witnesses. All hearings must be open to the public.