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Committee Report

March 29, 2023

H. 3866

Introduced by Rep. Rutherford

S. Printed 03/29/23--S.                                                                                                                                               [SEC 3/30/2023 11:19 AM]

Read the first time March 08, 2023

________

The committee on SENATE Judiciary

To who was referred a Bill (H. 3866) to amend the South Carolina Code of Laws by adding Section 1-7-95 so as to clarify that, when the Attorney General proceeds in the public interest, the Attorney, etc., respectfully

Report:

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

        Amend the bill, as and if amended, by deleting SECTION 3.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill establishes that when the Office of the Attorney General brings or defends an action in the name of the State of South Carolina, the Attorney General acts in the public interest of the State and not as the legal representative or attorney of any department or agency of state government. Therefore, the Attorney General cannot be considered to have possession, custody, or control over state agency documents or electronically stored information. This bill does list an exception for actions brought under Section 39-5-140 on behalf of a department or agency of state government. Further, this bill establishes that at the conclusion of the investigation or litigation, the Attorney General may return, destroy, or maintain information within applicable document retention policies.

This bill will have no fiscal impact on the Attorney General's Office, as any additional costs can be managed within existing appropriations.

This fiscal impact has been updated to reflect that the House of Representatives adopted the House Judiciary Committee amendment.

State Expenditure

This bill establishes that when the Office of the Attorney General brings or defends an action in the name of the State of South Carolina, the Attorney General acts in the public interest of the State and not as the legal representative or attorney of any department or agency of state government. Therefore, the Attorney General cannot be considered to have possession, custody, or control over state agency documents or electronically stored information. This bill does list an exception for actions brought under Section 39-5-140 on behalf of a department or agency of state government. Further, this bill establishes that at the conclusion of the investigation or litigation, the Attorney General may return, destroy, or maintain information within applicable document retention policies.

This bill will have no fiscal impact on the Attorney General's Office, as any additional costs can be managed within existing appropriations.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-7-95 SO AS TO CLARIFY THAT, WHEN THE ATTORNEY GENERAL PROCEEDS IN THE PUBLIC INTEREST, THE ATTORNEY GENERAL DOES NOT UNDERTAKE REPRESENTATION OF STATE AGENCIES AND CANNOT BE CONSIDERED TO HAVE POSSESSION, CUSTODY, OR CONTROL OVER STATE AGENCY DOCUMENTS OR ELECTRONICALLY STORED INFORMATION; AND BY ADDING SECTION 39-5-55 SO AS TO SPECIFY that THE ATTORNEY GENERAL IS ACTING IN THE PUBLIC INTEREST OF THE STATE IN UNFAIR TRADE PRACTICE PROCEEDINGs, AND TO PROVIDE AN EXCEPTION.

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

SECTION 1.   Article 1, Chapter 7, Title 1 of the S.C. Code is amended by adding:

      Section 1-7-95.   (A)   Notwithstanding any other provision of law, when the Attorney General brings or defends an action in the name of the State of South Carolina pursuant to any power granted by common law, the Constitution of this State, or any provision of law, the Attorney General acts in the public interest of the State of South Carolina and not as the legal representative or attorney of any department or agency of state government, including the executive, legislative, and judicial branches, or any of the boards connected therewith. Such departments, agencies, or boards are not parties to these actions, and the docum