South Carolina S 533: Subpoena Powers

Bill Text

2025-2026 Bill 533 Text of Previous Version (Apr. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 533

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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; TO 
AMEND 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; TO AMEND 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 TO AMEND SECTION 2-15-120, RELATING TO THE CONFIDENTIALITY OF 
RECORDS, SO AS TO FURTHER DEFINE WHAT IS CONSIDERED CONFIDENTIAL AND TO REVISE 
THE DEFINITION OF "RECORDS."

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 have access to the all 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) Agen