Printed Page 3380, Mar. 10
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Printed Page 3380, Mar. 10
| Printed Page 3400, Mar. 10
| Those who voted in the negative are:
Allison Anderson Baker Beatty Brown, G. Brown, H. Chamblee Clyborne Davenport Fair Huff Hutson Kirsh Littlejohn McMahand Meacham Neilson Robinson Simrill Smith, R. Stille Stone Trotter Vaughn Walker Wells Wofford Young, A.
So, the motion to reconsider was tabled.
The motion of Rep. BOAN to reconsider the vote whereby Section 6DD was adopted was taken up and agreed to by a division vote of 61 to 15.
Reps. HODGES, FARR and MARTIN proposed the following Amendment No. 143 (Doc Name L:\h-wm\legis\amend\HOD.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 515, Paragraph 10, Line 42, by striking /$15/ and inserting /$25/
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Rep. KIRSH spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 37 to 55.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 118 (Doc Name L:\h- wm\legis\amend\DH.024), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 516, Paragraph 18, Line 42 by striking it in its entirety and inserting /The State Law Enforcement Division is hereby authorized to charge a witness fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State as a part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account./
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Rep. BAXLEY explained the amendment.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 12 to 82.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. HODGES, FARR and MARTIN proposed the following Amendment No. 141 (Doc Name L:\h-wm\legis\amend\HOD.002), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 519, Line 4, by adding an appropriately numbered paragraph to read /(SLED - Temporary Security Fee) The State Law Enforcement Division is hereby authorized to charge, collect, retain and carry forward a license and registration fee, not to exceed $20.00, for a temporary private security license. The funds generated shall be used for agency operations./
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Rep. HODGES explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 141 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Section 6DD as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 14 was adopted was taken up and agreed to.
Rep. HODGES proposed the following Amendment No. 226 (Doc Name L:\h- wm\legis\amend\DH.028), which was adopted.
Amend the bill, as and if amended, Part IB, Section 14, Indigent Defense, Page 521, Paragraph 1, Line 18, by striking paragraph 1 in its entirety and inserting /1. The amount appropriated in this section for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3- 10, 1976 Code, but on a per capita basis and based upon the official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission of Indigent Defense. The State also shall set aside $1,000,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 and the application fee provided in Section 17-3- 30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 30% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and remaining funds each month must be apportioned among the counties pursuant to Section 17-3-10. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Section 17-3-30(B) must be apportioned among the counties. At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in
For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.
Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.
(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or
(2) Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county. (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated. (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993."
"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense.
(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."
For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read:
Section 17-3-330. (A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system.
(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into
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Section 14 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 17E was adopted was taken up and agreed to.
Reps. ROBINSON and RUDNICK proposed the following Amendment No. 137 (Doc Name L:\h-wm\legis\amend\DC.025), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17E, B&CB Div. of Operations, Page 529, Line 40, by adding an appropriately numbered paragraph to read /To the extent that such products are available, state agencies and institutions shall purchase American-made products./
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Section 17E as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 17G was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to by a division vote of 54 to 33.
The motion of Rep. BOAN to reconsider the vote whereby Section 17P was adopted was taken up and agreed to.
Reps. TUCKER, D. SMITH, ROGERS, HODGES, McABEE and ROBINSON proposed the following Amendment No. 131 (Doc Name L:\h-wm\legis\amend\FR.016), which was adopted.
Amend the bill, as and if amended Part IB, Section 17P, State Auditor, new paragraph, page 537, Line 40, by adding an appropriately numbered paragraph in the right column to read /The State Auditor and the State Chief Economist shall jointly contract for an independent study regarding
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Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Section 17P as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 18A was adopted was taken up and agreed to.
Rep. McTEER proposed the following Amendment No. 345 (Doc Name L:\h- wm\legis\amend\CJ.039), which was adopted.
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, Page 540, Paragraph 16, Lines 35-41, by striking the paragraph in its entirety.
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Section 18A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. MEACHAM moved to table the motion to reconsider, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 19A was adopted was taken up and agreed to.
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Page 559, paragraph 41, (EIA Student Loan), Line 41, by adding the following /From these funds, priority shall be given to fund up to $5,000 for minority students from each school district or $5,000 times the number of districts in each consortium of school districts for districts which participate in a consortium./
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Rep. McTEER explained the amendment.
The amendment was then adopted.
The motion of Rep. SPEARMAN to reconsider the vote whereby Amendment No. 258 was tabled was taken up.
Rep. McTEER moved to table the motion to reconsider, which was agreed to.
Section 19A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. GONZALES moved to table the motion to reconsider, which was rejected by a division vote of 22 to 59.
The question then recurred to the motion to reconsider the section, which was agreed to.
The motion of Rep. JASKWHICH to reconsider the vote whereby Amendment No. 93 was adopted was taken up and agreed to.
Rep. J. HARRIS moved to table the amendment, which was agreed to.
Section 26 was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 49 was adopted was taken up.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. BROWN proposed the following Amendment No. 314 (Doc Name L:\h- wm\legis\amend\DH.071), which was adopted.
Amend the bill, as and if amended, Part IB, Section 49, PRT, Page 587, by adding an appropriately numbered paragraph to read: /Of the funds authorized in this section $50,000 shall be used for the US Youth Games./
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Rep. McABEE spoke against the amendment.
Rep. J. BROWN spoke in favor of the amendment.
The amendment was then adopted by a division vote of 67 to 20.
Section 49 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 68 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 308 (Doc Name L:\h- wm\legis\amend\DH.070), which was adopted.
Amend the bill, as and if amended, Part IB, Section 68, Debt Service, Page 594, Paragraph 8, by striking it in its entirety and inserting: /The General Assembly has determined that the State House is in urgent need of repair and renovation and hereby authorizes the State Budget and Control Board of South Carolina to issue not more than fifteen million dollars ($15,000,000) of general obligation debt of the State, in the form of a promissory note. The proceeds of the promissory note issued by the Board must be applied to the State House capital repairs and renovations and the costs of issuing the note. Such general obligation debt shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than one year from the date of the issue; and provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power
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Printed Page 3380, Mar. 10
| Printed Page 3400, Mar. 10
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