S*0126(Rat #0371, Act #0352 of 1986)  General Bill, By T.E. Smith
 A Bill to provide that every standing committee of the Senate and of the House
 of Representatives, in the discharge of its duties, is by majority vote
 authorized to issue subpoenas and subpoenas duces tecum to various entities or
 individuals, provide that each such committee is also authorized to issue
 subpoenas and subpoenas duces tecum on behalf of any of its subcommittees, and
 provide that each such committee has the right to issue such subpoenas and
 receive the subpoenaed evidence in executive session; to provide that every
 joint study committee created by Act or Resolution of the General Assembly, in
 the discharge of its duties, is by majority vote authorized to request a
 standing committee of the Senate or House of Representatives to issue
 subpoenas and subpoenas duces tecum on behalf of the joint study committee to
 various entities or individuals, provide that the committee has the right to
 receive the subpoenaed evidence in executive session, provide that the
 committee must seek instructions from the President Pro Tempore of the Senate
 and the Speaker of the House of Representatives as to which standing committee
 shall issue the subpoena, and require the standing committee which issues a
 subpoena on behalf of a joint study committee to comply with certain
 procedures; to provide that the committee may administer oaths and
 affirmations, take depositions, and receive testimony and evidence as
 necessary in connection with its work, study, or investigation; to provide
 standards, conditions, and rules for the issuance and signing of subpoenas and
 subpoenas duces tecum; to provide that any person served with a subpoena or
 subpoena duces tecum may request that the committee issue a protective order,
 and provide that the committee may for good cause elect to receive certain
 testimony and evidence in executive session; to provide that in case of
 contumacy by any person or refusal to obey a subpoena, or to testify as
 directed by the committee, the court of common pleas, under certain
 conditions, may issue an order requiring the person to appear before the
 committee to produce evidence or give testimony, allow the court to take
 action to ensure compliance with its order, and provide that any failure to
 obey an order may be punished as a contempt; and to provide that a good faith
 reliance by the party subject to the subpoena duces tecum is a defense to any
 action, civil or criminal, arising from the production of records, documents,
 or other tangible materials in response to the subpoena.-amended title

   01/22/85  Senate Introduced and read first time SJ-208
   01/22/85  Senate Referred to Committee on Judiciary SJ-208
   04/18/85  Senate Committee report: Favorable with amendment
                     Judiciary SJ-1597
   04/23/85  Senate Read second time SJ-1731
   04/23/85  Senate Ordered to third reading with notice of
                     amendments SJ-1731
   04/24/85  Senate Amended SJ-1738
   04/24/85  Senate Read third time and sent to House SJ-1742
   04/24/85  House  Introduced and read first time HJ-2679
   04/24/85  House  Referred to Committee on Judiciary HJ-2680
   01/29/86  House  Committee report: Favorable Judiciary HJ-338
   02/05/86  House  Objection by Rep. Rawl, Winstead, Washington &
                     Gordon HJ-511
   02/13/86  House  Objection withdrawn by Rep. Winsted & Washington HJ-720
   02/13/86  House  Objection by Rep. Gregory HJ-720
   02/19/86  House  Objection withdrawn by Rep. Gregory & Gordon HJ-858
   02/19/86  House  Objection by Rep. J. Bradley & J. Rogers HJ-858
   02/26/86  House  Objection withdrawn by Rep. Rawl HJ-1003
   02/26/86  House  Objection by Rep. Klapman HJ-1003
   03/06/86  House  Objection withdrawn by Rep. Klapman HJ-1342
   03/10/86  House  Read second time HJ-1368
   03/11/86  House  Debate adjourned HJ-1392
   03/12/86  House  Read third time and enrolled HJ-1549
   03/25/86         Ratified R 371
   03/28/86         Signed By Governor
   03/28/86         Effective date 03/28/86
   03/28/86         Act No. 352
   04/07/86         Copies available

AN ACT TO PROVIDE THAT EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, IN THE DISCHARGE OF ITS DUTIES, IS BY MAJORITY VOTE AUTHORIZED TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO VARIOUS ENTITIES OR INDIVIDUALS, PROVIDE THAT EACH SUCH COMMITTEE IS ALSO AUTHORIZED TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM ON BEHALF OF ANY OF ITS SUBCOMMITTEES, AND PROVIDE THAT EACH SUCH COMMITTEE HAS THE RIGHT TO ISSUE SUCH SUBPOENAS AND RECEIVE THE SUBPOENAED EVIDENCE IN EXECUTIVE SESSION; TO PROVIDE THAT EVERY JOINT STUDY COMMITTEE CREATED BY ACT OR RESOLUTION OF THE GENERAL ASSEMBLY, IN THE DISCHARGE OF ITS DUTIES, IS BY MAJORITY VOTE AUTHORIZED TO REQUEST A STANDING COMMITTEE OF THE SENATE OR HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM ON BEHALF OF THE JOINT STUDY COMMITTEE TO VARIOUS ENTITIES OR INDIVIDUALS, PROVIDE THAT THE COMMITTEE HAS THE RIGHT TO RECEIVE THE SUBPOENAED EVIDENCE IN EXECUTIVE SESSION, PROVIDE THAT THE COMMITTEE MUST SEEK INSTRUCTIONS FROM THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS TO WHICH STANDING COMMITTEE SHALL ISSUE THE SUBPOENA, AND REQUIRE THE STANDING COMMITTEE WHICH ISSUES A SUBPOENA ON BEHALF OF A JOINT STUDY COMMITTEE TO COMPLY WITH CERTAIN PROCEDURES; TO PROVIDE THAT THE COMMITTEE MAY ADMINISTER OATHS AND AFFIRMATIONS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY IN CONNECTION WITH ITS WORK, STUDY, OR INVESTIGATION; TO PROVIDE STANDARDS, CONDITIONS, AND RULES FOR THE ISSUANCE AND SIGNING OF SUBPOENAS AND SUBPOENAS DUCES TECUM; TO PROVIDE THAT ANY PERSON SERVED WITH A SUBPOENA OR SUBPOENA DUCES TECUM MAY REQUEST THAT THE COMMITTEE ISSUE A PROTECTIVE ORDER, AND PROVIDE THAT THE COMMITTEE MAY FOR GOOD CAUSE ELECT TO RECEIVE CERTAIN TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION; TO PROVIDE THAT IN CASE OF CONTUMACY BY ANY PERSON OR REFUSAL TO OBEY A SUBPOENA, OR TO TESTIFY AS DIRECTED BY THE COMMITTEE, THE COURT OF COMMON PLEAS, UNDER CERTAIN CONDITIONS, MAY ISSUE AN ORDER REQUIRING THE PERSON TO APPEAR BEFORE THE COMMITTEE TO PRODUCE EVIDENCE OR GIVE TESTIMONY, ALLOW THE COURT TO TAKE ACTION TO ENSURE COMPLIANCE WITH ITS ORDER, AND PROVIDE THAT ANY FAILURE TO OBEY AN ORDER MAY BE PUNISHED AS A CONTEMPT; AND TO PROVIDE THAT A GOOD FAITH RELIANCE BY THE PARTY SUBJECT TO THE SUBPOENA DUCES TECUM IS A DEFENSE TO ANY ACTION, CIVIL OR CRIMINAL, ARISING FROM THE PRODUCTION OF RECORDS, DOCUMENTS, OR OTHER TANGIBLE MATERIALS IN RESPONSE TO THE SUBPOENA.

Be it enacted by the General Assembly of the State of South Carolina:

Committees may issue subpoenas

SECTION 1. Every standing committee of the Senate and of the House of Representatives, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is by majority vote of the committee authorized to issue subpoenas and subpoenas duces tecum to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. Every standing committee of the Senate and of the House of Representatives is also authorized to issue subpoenas and subpeonas duces tecum on behalf of any of its subcommittees. The committee shall have the right to issue such subpoenas and/or receive the subpoenaed evidence in executive session.

Joint study committee may request standard

committee to issue subpoenas

SECTION 2. Every joint study committee created by act or resolution of the General Assembly, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is, by majority vote of the committee, authorized to request a standing committee of the Senate or House of Representatives to issue subpoenas and subpeonas duces tecum on behalf of the joint study committee to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. The committee shall have the right to receive the subpoenaed evidence in executive session. The committee must seek instructions from the President Pro Tempore of the Senate and the Speaker of the House of Representatives as to which standing committee shall issue the subpoena. The standing committee which issues a subpoena on behalf of a joint study committee must comply with the procedures prescribed in Section 4 of this act.

Committee may administer oaths

SECTION 3. The committee, in the discharge of its duties, may administer oaths and affirmations, take depositions, and receive testimony and evidence as necessary in connection with its work, study, or investigation.

Subpoenas may be issued upon majority vote

SECTION 4. Subpoenas and subpoenas duces tecum may only be issued upon a majority vote of the members of the committee, must be issued in the name of the committee and must be signed by the committee chairman or the presiding officer who may administer oaths to witnesses. Subpoenas and subpoenas duces tecum which are issued for a joint study committee of the General Assembly must be co-signed by both the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Subpoenas and subpoenas duces tecum which are issued by a standing committee of the Senate must be co-signed by the President Pro Tempore of the Senate. Subpoenas and subpoenas duces tecum which are issued by the House of Representatives must be co-signed by the Speaker of the House of Representatives. If the President Pro Tempore of the Senate refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be cosigned by the President Pro Tempore of the Senate may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the Senate present and voting. If the Speaker of the House of Representatives refuses to co-sign the subpoena or subpoena duces tecum, the requirement that the subpoena or subpoena duces tecum must be co-signed by the Speaker of the House of Representatives may be suspended as to that particular subpoena or subpoena duces tecum by a majority vote of the members of the House of Representatives present and voting. In determining whether or not to co-sign the subpoena or subpoena duces tecum, the President Pro Tempore of the Senate or the Speaker of the House of Representatives must conclude that:

(1) The information sought by the subpoena is within the scope of the committee's jurisdiction,

(2) The information is relevant to a legitimate legislative purpose,

(3) The nature of the information sought is as clearly described as possible in the subpoena or the authorizing resolution,

(4) The subpoena does not intrude impermissibly upon civil liberties,

(5) The revelation of the information subpoenaed would not unduly intrude into the decision-making processes of other branches of government, and

(6) A subpoena issued to a local government does not violate the provisions of Articles VII and VIII of the Constitution of South Carolina, 1895, and Title 4 of the Code of Laws of South Carolina, 1976.

Protective order

SECTION 5. Any person served with a subpoena or subpoena duces tecum may request that the committee issue a protective order, which revokes, limits, or otherwise modifies the subpoena or subpoena duces tecum in order to protect the legal rights of any person or entity. The committee may for good cause shown elect to receive certain testimony and evidence in executive session.

Contumacy by a person or refusal to obey a subpoena

SECTION 6. In case of contumacy by any person or refusal to obey a subpoena, or to testify as directed by the committee, the court of common pleas, upon application of the General Assembly in the case of a joint study committee, or upon application of the Senate in the case of a standing committee of the Senate, or upon application of the House of Representatives in the case of a standing committee of the House of Representatives, may issue to the person an order requiring him or it to appear before the committee to produce evidence or give testimony touching upon the matter under inquiry, study, or investigation. The court may take appropriate action to ensure compliance with its order and any failure to obey an order may be punished as a contempt thereof.

Defense

SECTION 7. A good faith reliance by the party subject to the subpoena duces tecum, issued pursuant to this act is a defense to any action, civil or criminal, arising from the production of records, documents, or other tangible materials in response to the subpoena.

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.