H 4337

South Carolina General Assembly
126th Session, 2025-2026
Bill 4337
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
AMENDED - NOT PRINTED BILL FOR THE HOUSE
Amt. No. #1 (LC-SA0001H.docx)
May 14, 2026
H. 4337
Introduced
by Reps. W. Newton and Bannister
S. Printed 5/14/26--H.
Read the first time April 9, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
2-15-130 SO AS TO GRANT SUBPOENA POWERS TO THE LEGISLATIVE AUDIT COUNCIL; by
amending SECTION 2-15-40, RELATING TO THE QUALIFICATIONS FOR THE DIRECTOR OF
THE LEGISLATIVE AUDIT COUNCIL, SO AS TO EXPAND THE PREREQUISITES FOR HOLDING
THE POSITION OF DIRECTOR, AMONG OTHER CHANGES; by amending SECTION 2-15-61,
RELATING TO ACCESS TO AGENCY RECORDS, SO AS TO EXPAND THE LEGISLATIVE AUDIT
COUNCIL'S ACCESS TO RECORDS AND FACILITIES UPON REQUEST AND TO PROVIDE
PENALTIES FOR FAILING TO COMPLY; AND by amending SECTION 2-15-120, RELATING TO
THE CONFIDENTIALITY OF RECORDS, SO AS TO FURTHER DEFINE WHich records are
CONSIDERED CONFIDENTIAL AND TO REVISE THE DEFINITION OF "RECORDS."
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 15, Title 2 of the S.C. Code is amended by
adding:
    Section
2-15-130.  (A) For the purposes of
carrying out its audit duties pursuant to this chapter, the Legislative Audit
Council may issue subpoenas and subpoenas duces tecum to a state agency, its
employees, and its contractors and examine the records, reports, audits,
reviews, papers, books, recommendations, contracts, correspondence, or any
other documents maintained by an agency and compel sworn testimony by subpoena.
    (B)  The
Legislative Audit Council may apply to a circuit court for an order holding an
individual in contempt of court if the individual refuses to give sworn
testimony under a subpoena issued by the Legislative Audit Council, otherwise
disobeys a subpoena or subpoena duces tecum issued by the Legislative Audit
Council, or otherwise refuses to provide requested documentation.
SECTION 2.  Section 2-15-40 of the S.C. Code is amended to read:
    Section
2-15-40. The Council shall be in charge of a Director director who shall be elected by a majority vote of the
Council and he the director shall
hold office for a term of four years and until his a successor shall have been elected and qualifies. The Director 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 or auditing 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 Directordirector.
The Director director shall
act as Secretary secretary for
the Council and he shall have authority to employ,
with the approval of the Council, such technical, clerical, and stenographic assistance  audit staff
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.
SECTION 3.  Section 2-15-61 of the S.C. Code is amended to read:
    Section
2-15-61. (A) For the purposes of carrying out its audit duties
under this chapter, the Legislative Audit Council shall have access to theall records and facilities, irrespective of
confidentiality, 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. Staff of the Legislative Audit Council shall
have access to the persons and facilities of every state agency during that
agency's operating hours. Staff of the Legislative Audit Council shall have
access to all relevant records and facilities of any private organization
receiving state or federal public funds relating to the management and
expenditures of state or federal public funds during the organization's normal
operating hours. Staff of the Legislative Audit Council shall not have access
to the records of private organizations that are not related to the management
and expenditures of state or federal public funds. The Legislative Audit
Council must be permitted to observe the proceedings of any state agency,
board, commission, or other body corporate and politic including, but not
limited to, executive sessions and closed hearings. The Legislative Audit
Council must be permitted to observe the proceedings, including executive
sessions and closed hearings of private organizations, to the extent that the
proceedings discuss the management and expenditures of state or federal public
funds.
    (B) Agencies must provide readily
available records to the Legislative Audit Council upon request without delay.
If the requested records are not readily available, agencies must provide a
written explanation regarding the availability of the records and a reasonable
timeframe for their delivery. Agencies shall provide access to records
requested by the staff of the Legislative Audit Council regardless of whether
the information is sought to perform an audit of another agency.
    (C) Any person who fails to comply with
the provisions of this section or otherwise obstructs the Legislative Audit
Council from conducting a duly authorized audit is guilty of a misdemeanor and
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, the
person 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.
    (D) As used in this section:
       (1) "Access to records" means, but is
not limited to, the production of records and the ability to inspect, print,
copy, download, and otherwise obtain records from an agency or private
organization receiving state or federal public funds upon request by the
Legislative Audit Council for the purpose of placing in Legislative Audit
Council records.
       (2) "Records" means, but is not limited
to, data, reports, audits, documents, correspondence, emails, text messages,
maps, photographs, recordings, contracts, or other materials and information,
regardless of physical or electronic form or storage, prepared, owned, used,
received, in the possession, custody, or control of, or retained by the agency
or private organization receiving state or federal public funds, whether
confidential or not. Unless requested or approved by Legislative Audit Council
staff, no records are to be provided with redactions or omissions. The
Legislative Audit Council must follow appropriate procedures to ensure the
confidentiality and security of this information.
SECTION 4.  Section 2-15-120 of the S.C. Code is amended to read:
    Section
2-15-120.  (A) 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.
irrespective of whether the records and working papers
would otherwise be considered public pursuant to the South Carolina Freedom of
Information Act or any other state law. 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.
    (B) As used in this
section, "records" includes, but is not limited to,
books, papers, maps, photographs, cards, tapes,
recordings, or other documentary data, reports,
audits, documents, correspondence, emails, text messages, maps, photographs,
recordings, contracts, or other materials regardless
of physical form or characteristics prepared, owned, used, in the possession
of, or retained by the Legislative Audit Council.
and information, regardless of physical or electronic form or storage,
prepared, owned, used, received, in the possession of, or retained by the
Legislative Audit Council.
    (C) 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.
SECTION 5.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 14, 2026 at 12:34 PM