Current Status Bill Number:898 Type of Legislation:Concurrent Resolution CR Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:pt\1491dw.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19980205 Subject:District Court Chief Judge, unpublished opinions in federal cases, to transmit to Code of Laws, Courts, Attorney General
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980210 Introduced, referred to Committee 25 HJ
Senate 19980205 Adopted, sent to House
Senate 19980205 Committee amendment adopted
Senate 19980204 Committee report: Favorable with 11 SJ
amendment
Senate 19980114 Introduced, referred to Committee 11 SJ
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
February 5, 1998
S. 898
S. Printed 2/5/98--S.
Read the first time January 14, 1998.
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COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.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 case 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there are times when lawyers practicing in the United States District Court for South Carolina have been unaware of unpublished opinions in federal cases decided in the district which invalidate or affect the interpretation of a South Carolina statute, act, code section, or resolution;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these cases and annotated them in the South Carolina Code of Laws, the interests of all parties to actions affected by unpublished opinions in the district which invalidate or affect the interpretation of a South Carolina statute, act, code section, or resolution would be better served, as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.