South Carolina Governor vetoes bill to allow CJ to set e-filing fees to pay for court technology

South Carolina Governor Nikki Haley on Monday June 11 vetoed HB 4821. The bill, which was unanimously approved by the House on April 24 and the Senate on May 31, would have amended the state’s schedule of fees and costs to be collected by clerks of court (8-21-310) to include a new section that reads

for filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court and all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology

The governor’s veto message is only two sentences

I am hereby vetoing and returning without my approval R258, H.4821, a bill that grants the Judicial Department permission to establish electronic filing fees at any rate it chooses. I am vetoing this bill because I do not believe that any branch of government should be provided with such comprehensive, unilateral authority to impose fees without regulatory or other comparable review.

The legislature is set to return shortly for a special session to deal with other matters, but it is unclear if they can or will override the governor’s veto.