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| (4) abuses the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200.
Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good-time credits shall be forfeited.
Section 24-27-300. The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.
Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.
SECTION 2. If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22354SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.
The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed.
Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.
Section 24-27-130. The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.
Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.
Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in state court or in an administrative proceeding:
(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;
(2) testifies falsely or otherwise presents false evidence or information to the court;
(3) unreasonably expands or delays a proceeding; or
(4) abuses the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200.
Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or
Section 24-27-300. The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.
Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.
SECTION 2. If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Reps. KLAUBER and JENNINGS proposed the following Amendment No. 2, which was adopted.
Insert in Article 2, Section 24-27-200:
... State or Federal Court or in an administrative proceeding:
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The following Bill was taken up.
Rep. H. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for three legislative days.
The SPEAKER sustained the Point of Order.
The motion of Rep. MOODY-LAWRENCE to reconsider the vote whereby the following Joint Resolution was continued was taken up.
H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.
Rep. SIMRILL moved to table the motion to reconsider.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cain Cato Cooper Dantzler Easterday Harrell Haskins Herdklotz Jaskwhich Kirsh Koon Limehouse Littlejohn Loftis Marchbanks Mason Meacham Rice Riser Robinson Sandifer
Simrill Tripp Trotter Vaughn Walker Wofford Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Fulmer Gamble Govan Hallman Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Lanford Lee Lloyd Martin McAbee McCraw McElveen McKay McMahand Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Tucker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley Wright Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Cave Chamblee Clyburn Cobb-Hunter Cromer Davenport Delleney Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lanford Lee Limbaugh Lloyd Martin McAbee McCraw McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Scott Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tucker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wright Young
Those who voted in the negative are:
Cato Cooper Cotty Easterday Haskins Herdklotz Jaskwhich Kirsh Knotts Littlejohn Loftis Marchbanks
Mason Meacham Rice Robinson Sandifer Simrill Tripp Trotter Vaughn Walker Wofford Young-Brickell
So, the motion to reconsider was agreed to.
Rep. MARCHBANKS spoke against the Joint Resolution.
Rep. KNOTTS moved to recommit the Joint Resolution to the Committee on Ways and Means.
Rep. COBB-HUNTER moved to table the motion, which was agreed to by a division vote of 58 to 43.
Rep. KEEGAN spoke in favor of the Joint Resolution.
Reps. MEACHAM, SIMRILL, TRIPP, HERDKLOTZ, MARCHBANKS, TROTTER, LOFTIS, S. WHIPPER and SANDIFER objected to the Joint Resolution.
On motion of Rep. BAILEY, with unanimous consent, the following Bill was ordered recalled from the Dorchester Delegation.
S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L.
The Senate amendments to the following Bill were taken up for consideration.
H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HASKINS moved to recall H. 4647 from the Committee on Labor, Commerce and Industry.
Rep. DAVENPORT moved to table the motion, which was not agreed to by a division vote of 5 to 14.
As a first substitute Rep. RICHARDSON moved to recall H. 3996 from the Labor, Commerce and Industry Committee.
As a second substitute Rep. VAUGHN moved to recall H. 4647 from the Labor, Commerce and Industry Committee.
Rep. WALKER moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cave Cobb-Hunter Davenport Harvin Howard Littlejohn Whipper, S. White
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Brown, G. Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Haskins Herdklotz Hines, M. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis
Marchbanks Mason McCraw McElveen McKay McMahand McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to adjourn.
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