South Carolina Legislature


 

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S 898
Session 112 (1997-1998)


S 0898 Concurrent Resolution, By Hayes
 A CONCURRENT RESOLUTION REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE
 OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO
 PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN
 UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR
 AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR
 RESOLUTION.

   01/14/98  Senate Introduced SJ-28
   01/14/98  Senate Referred to Committee on Judiciary SJ-28
   02/04/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-20
   02/05/98  Senate Amended SJ-24
   02/05/98  Senate Adopted, sent to House SJ-24
   02/10/98  House  Introduced HJ-5
   02/10/98  House  Referred to Committee on Judiciary HJ-5



Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 5, 1998

S. 898

Introduced by Senator Hayes

S. Printed 2/5/98--S.

Read the first time January 14, 1998.

A CONCURRENT RESOLUTION

REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.

Amend Title To Conform

Whereas, the South Carolina Code Commissioner is charged with producing the South Carolina Code of Laws, a portion of which contains annotations of caseNext law and attorney general's opinions interpreting the various code sections; and

Whereas, it has come to the attention of the members of the General Assembly that there are times when lawyers practicing in the United States District Court for South Carolina have been unaware of unpublished opinions in federal PreviouscasesNext decided in the district which invalidate or affect the interpretation of a South Carolina statute, act, code section, or resolution; and

Whereas, had the South Carolina Code Commissioner had notice of these Previouscases and annotated them in the South Carolina Code of Laws, the interests of all parties to actions affected by unpublished opinions in the district which invalidate or affect the interpretation of a South Carolina statute, act, code section, or resolution would be better served, as would the interests of comity and the efficient administration of justice. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly of the State of South Carolina respectfully request The Honorable C. Weston Houck, Chief Judge of the United States District Court for the District of South Carolina, to establish a procedure for transmitting to the Code Commissioner of this State any unpublished federal opinion decided in the district which invalidates or affects the interpretation of a South Carolina statute, act, code section, or resolution.

Be it further resolved that a copy of this resolution be forwarded to The Honorable C. Weston Houck, Chief Judge, United States District Court, District of South Carolina, Post Office Box 2260, Florence, South Carolina 29503.

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