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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Rankin, Hutto, Massey, McElveen, Sabb, Gambrell and Climer
Document Path: l:\s-jud\bills\rankin\jud0079.hla.docx
Introduced in the Senate on March 15, 2018
Introduced in the House on April 10, 2018
Last Amended on March 29, 2018
Currently residing in the House Committee on Judiciary
Summary: Base Load Review Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2018 Senate Introduced and read first time (Senate Journal-page 7) 3/15/2018 Senate Referred to Committee on Judiciary (Senate Journal-page 7) 3/21/2018 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16) 3/23/2018 Scrivener's error corrected 3/29/2018 Senate Committee Amendment Adopted (Senate Journal-page 50) 3/29/2018 Senate Read second time (Senate Journal-page 50) 3/29/2018 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 50) 4/3/2018 Scrivener's error corrected 4/9/2018 Senate Read third time and sent to House (Senate Journal-page 34) 4/10/2018 House Introduced and read first time (House Journal-page 10) 4/10/2018 House Referred to Committee on Judiciary (House Journal-page 10)
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VERSIONS OF THIS BILL
COMMITTEE AMENDMENT ADOPTED
March 29, 2018
Introduced by Senators Rankin, Hutto, Massey, McElveen, Sabb, Gambrell and Climer
S. Printed 3/29/18--S. [SEC 4/3/18 2:36 PM]
Read the first time March 15, 2018.
TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF TO FILE AN ACTION IN CIRCUIT COURT TO REQUIRE THE PRODUCTION OF DOCUMENTS OR WITNESSES IN CERTAIN CIRCUMSTANCES IF AN ENTITY HAS PROVIDED GOODS OR SERVICES TO A UTILITY FOR THE DESIGN, CONSTRUCTION, OR OPERATION OF A FACILITY THAT HAS BEEN THE SUBJECT OF A PROCEEDING CONCERNING THE BASE LOAD REVIEW ACT; TO PROVIDE THAT THE ONLY RELIEF THE COURT MAY ORDER IS FOR THE PRODUCTION OF DOCUMENTS, REQUIRING THE APPEARANCE OF WITNESSES, ALLOWING THE OFFICE OF REGULATORY STAFF TO TAKE DEPOSITIONS, OR A COMBINATION THEREOF; TO REQUIRE THE ACTION TO BE HEARD AS AND DECIDED AS EXPEDITIOUSLY AS CONSISTENT WITH DUE PROCESS; AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY WITH A COURT ORDER ISSUED PURSUANT TO THIS JOINT RESOLUTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The Executive Director of the Office of Regulatory Staff, which includes the acting executive director, if applicable, has the authority to file an action against an entity in circuit court to obtain injunctive relief requiring the production of documents or witnesses. Such action may be brought under the following circumstances:
(1) An entity has provided goods or services, including, but not limited to, plans, studies, and reports related to the design, construction, or operation of a facility located in South Carolina and that facility has been the subject of a proceeding concerning the Base Load Review Act;
(2) The executive director determines that the production of documents or witnesses from the entity described in subsection (A)(1) is necessary in order for the Office of Regulatory Staff to accomplish its responsibilities; and
(3) The entity that has provided goods or services as described in subsection (A)(1) has refused to provide the requested documents or witnesses.
(B) Any action must be filed in the county in which the facility is located.
SECTION 2. The relief that may be granted in an action described in SECTION 1 is an order requiring the production of documents, an order requiring the appearance of a witness or witnesses, an order allowing the Office of Regulatory Staff to take depositions of witnesses, or any combination thereof. Any order granting such relief must provide reasonable protections to the entity subject to the order, including that any depositions will be taken at a location convenient to the witnesses. In the event that a deposition is ordered, the Office of Regulatory Staff must give notice to the utility and any other party to any proceeding in which the deposition may be used, so that the utility and any such party will have an opportunity to appear and participate in the deposition.
SECTION 3. An action brought by the executive director pursuant to this joint resolution shall be given administrative priority by the chief administrative judge for the circuit in which it has been brought and must be heard and decided as expeditiously as is consistent with due process.
SECTION 4. Anyone who fails to comply with a court order issued pursuant to SECTION 2 of this joint resolution may be found in contempt and fined in the discretion of the court.
SECTION 5. This joint resolution takes effect upon approval by the Governor.
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