Bill S. 369 seeks to amend the South Carolina Code of Laws concerning the State Commodity Code by designating the South Carolina Attorney General as the new Administrator, replacing the Secretary of State. This change expands the Administrator's authority to include the denial, suspension, or revocation of licenses for agents or investment advisor representatives, as well as the power to issue orders to prevent violations of the Commodity Code. The bill also allows the Administrator to take legal action in the Richland County Court of Common Pleas and refer violations to the Attorney General's office for prosecution. Additionally, it introduces guidelines for judicial review, establishes penalties for violations, and permits the Attorney General to retain funds from fines to cover enforcement costs.
Further amendments include a change in the timeframe for filing a petition for review of final orders from sixty days to thirty days, clarifying that such filings do not automatically stay the effectiveness of the Administrator's order unless ordered by the court. The bill also repeals certain sections related to administrative proceedings and adds new reporting requirements for the Attorney General regarding civil penalties and enforcement actions. Importantly, it ensures that if any part of the bill is deemed unconstitutional, the remaining sections will remain valid. The act will take effect upon the Governor's approval.
Statutes affected: 02/20/2025: 39-73-10, 39-73-40, 39-73-60, 39-73-310, 39-73-30, 39-73-80, 39-73-315, 39-73-320, 39-73-325, 39-73-330, 39-73-340, 39-73-350, 39-73-20, 39-73-360, 39-73-370, 39-73-375, 39-73-400, 39-73-355
04/29/2025: 39-73-10, 39-73-40, 39-73-60, 39-73-310, 39-73-30, 39-73-80, 39-73-315, 39-73-320, 39-73-325, 39-73-330, 39-73-340, 39-73-350, 39-73-20, 39-73-360, 39-73-370, 39-73-375, 39-73-400, 39-73-355
05/01/2025: 39-73-10, 39-73-40, 39-73-60, 39-73-310, 39-73-30, 39-73-80, 39-73-315, 39-73-320, 39-73-325, 39-73-330, 39-73-340, 39-73-350, 39-73-20, 39-73-360, 39-73-370, 39-73-375, 39-73-400, 39-73-355
Latest Version: 39-73-10, 39-73-40, 39-73-60, 39-73-310, 39-73-30, 39-73-80, 39-73-315, 39-73-320, 39-73-325, 39-73-330, 39-73-340, 39-73-350, 39-73-20, 39-73-360, 39-73-370, 39-73-375, 39-73-400, 39-73-355