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Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

The House returned the Bill with amendments.

Senators LAND, SETZLER and PEELER proposed the following Amendment No. 1 (3273R002.JCL), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7100. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

The Bill was ordered returned to the House with amendments.

Columbia, S.C., May 30, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

At 7:45 P.M., Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at their convenience.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS,

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator MOORE proposed the following Amendment No. 1 (JUD3338.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 31, in Section 8-13-1300(10), as contained in SECTION 3, by striking subsection (B) in its entirety and inserting therein the following:

/(B) `Election official' means a member of a municipal, county, or state election commission, whether elected or appointed; a member of a county voter registration board, whether elected or appointed; a member of a combined election commission and voter registration board, whether elected or appointed; a member of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election."/

Amend the bill further, as and if amended, beginning on page 4, line 11, by striking SECTION 5 in its entirety and inserting therein the following:

/SECTION 5. Section 8-13-1348(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C)(1) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. Any payment to any person which is related to efforts by or on behalf of a candidate, committee, public official, or political party in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of a ballot measure, or to efforts directly to promote or encourage the participation of voters in an election including, but not limited to, payments made to campaign workers and payments to other persons which are intended for further transfer to election-day workers or other ultimate payees, must be

(2) Any campaign worker or other person who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below.

(3) Any payment to a candidate, committee, public official, political party, or to any other person, association or group, by a candidate or committee or by any other person, association or group, which payment is related to efforts in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of ballot measures, or to efforts directly to promote or encourage the participation of voters in an election must be made by check payable to the named committee, person, association, or group, and the payment may not be made in currency.

(4) When funds are paid to a person from a campaign account under the provisions of this subsection, all funds expended by this person must be documented as to the specific goods and services obtained. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at elections) if he does not comply with the provisions of this subsection.

(5) Whenever any person, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that person, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section."/

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator McCONNELL, with unanimous consent, the amendment (JUD4469.001) proposed by the Committee on Judiciary was laid on the table:

Amend the bill, as and if amended, page 2, beginning on line 33, in Section 16-3-21(B), as contained in SECTION 2, by striking lines 33 and 34 in their entirety and inserting therein:

/file; or

(2) upon a showing of good cause, the trial or post-conviction relief judge may allow for/.

Amend title to conform.

Senator RICHTER proposed the following Amendment No. 1 (JUD4469.002), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 40-5-375. A person who has been a member in good standing of the South Carolina Bar Association for at least twenty-five years must not be required to serve without compensation as an attorney or guardian ad litem in a legal proceeding."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senators McCONNELL and HUTTO proposed the following Amendment No. 5 (JUD4469.007), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 11, by striking SECTION 2 in its entirety and inserting therein the following:

"Section 16-3-21. (A) In all cases in which an individual is sentenced to death, the trial judge shall, before the dismissal of the jury, verbally instruct the jury concerning the discussion of its verdict. A standard written instruction shall be promulgated by the Supreme Court for use in all capital cases.

(B) The verbal instruction shall include:

(1) The right of the juror to refuse to discuss the verdict;

(2) The right of the juror to discuss the verdict to the extent that the juror so chooses;

(3) The right of the juror to terminate any discussion pertaining to the verdict at any time the juror so chooses;

(4) The right of the juror to report any person who continues to pursue a discussion of the verdict or who continues to harass the juror after the juror has refused to discuss the verdict or communicated a desire to terminate discussion of the verdict; and

(5) The name, address, and phone number of the person or persons to whom the juror should report any harassment concerning the refusal to discuss the verdict or the juror's decision to terminate discussion of the verdict.

(C) In addition to the verbal instruction of the trial judge, each juror, upon dismissal from jury service, shall receive a copy of the written jury instruction set forth in subsection (A)."/

Amend the bill further, as and if amended, page 2, beginning on line 39, by striking SECTION 3 in its entirety.

Amend the bill further, as and if amended, page 4, beginning on line 37, in Section 17-27-130, as contained in SECTION 5, by striking lines 37 and 38 in their entirety and inserting therein the following:

/appellate counsel. The capital defendant's collateral counsel may inspect and photocopy the files, but the defendant's prior trial or appellate counsel shall maintain/.

Amend the bill further, as and if amended, page 5, beginning on line 1, in Section 17-27-150, as contained in SECTION 6, by striking lines 1 through 8 in their entirety and inserting therein the following:

/"Section 17-27-150. (A) A party in a non-capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by

(B) A party in a capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure."/.

Amend the bill further, as and if amended, page 5, beginning on line 29, in Section 17-27-160(B), as contained in SECTION 7, by striking lines 29 through 43 in their entirety and inserting therein the following:

/If the applicant is indigent and desires representation by counsel, two counsel shall be immediately appointed to represent the petitioner in this action. At least one of the attorneys appointed to represent the applicant must have previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings or (1) must meet the minimum qualifications set forth in Section 16-3-26(B) and Section 16-3-26(F) and (2) have successfully completed, within the previous two years, not less than twelve hours of South Carolina Bar approved continuing legal education or professional training primarily involving advocacy in the field of capital appellate and/or post-conviction defense. The Supreme Court may promulgate additional standards for qualifications of counsel in capital post-conviction proceedings. The court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or in a direct appeal unless the applicant and the attorney request appointment on the record or the court finds good cause to make the appointment. Counsel appointed in these cases shall be compensated from the funding provided in Section 16-3-26 in the same manner and rate as appointed trial counsel, provided that Section 16-3-26(I) shall not apply to counsel appointed in post-conviction relief proceedings. Appointed counsel on appeal from state post-conviction relief cases shall be funded and compensated from the funds established for representation of indigents on appeal by the Office of Appellate Defense pursuant to Chapter 4 of Title 17. Nothing in this section shall preclude an out-of-state attorney from appearing pro hac vice./

Amend the bill further, as and if amended, page 6, line 7, in Section 17-27-160(C), as contained in SECTION 7, by striking the word /fifteen/ and inserting therein the word /thirty/.

Amend the bill, as and if amended, page 6, beginning on line 13, in Section 17-27-160(D), as contained in SECTION 7, by striking lines 13 through 16 in their entirety and inserting therein:

/(D) Within thirty days from the receipt of the transcript, or if the judge requests post trial briefs, within thirty days from the receipt of the post trial briefs, the hearing judge in writing shall make specific findings

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