Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 1, 2023

H. 3204

Introduced by Rep. Erickson

 

S. Printed 03/01/23--H.

Read the first time January 10, 2023

 

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The committee on House Judiciary

To who was referred a Bill (H. 3204) to amend the South Carolina Code of Laws by amending Section 40-55-420, relating to PSYPACT dispute resolution, so as to provide for the United States District Court, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

WM. WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill changes the location that a defaulting state of the Psychology Interjurisdictional Compact may appeal the action of the Psychology Interjurisdictional Compact Commission from the U.S. District Court of South Carolina to the U.S. District Court of Georgia.  The bill further changes the location that the Psychology Interjurisdictional Compact Commission, by majority vote, may initial legal action from the U.S. District Court of South Carolina to the U.S. District Court of the State of Georgia.  For reference, the Psychology Interjurisdictional Compact was enacted in Act 159 of 2022.

 

LLR indicates that the change of the dispute resolution state from South Carolina to Georgia will have no fiscal impact on the agency or the Board of Medical Examiners in Psychology at this time since it does not alter the duties or responsibilities of the agency. However, if litigation occurs in the future, this may have an undetermined expenditure impact on LLR and the Board of Medical Examiners.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the South Carolina Code of Laws by amending Section 40-55-420, relating to Psypact dispute resolution, so as to provide for the United States District Court of Georgia to resolve disputes.

 

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

 

SECTION 1.  Section 40-55-420 (B)(6) and (D)(2) of the S.C. Code is amended to read:

 

       (6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the State of South Carolina Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

 

       (2) By majority vote, the commission may initiate legal action in the United States District Court for the State of South Carolina Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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