South Carolina General Assembly
117th Session, 2007-2008

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H. 3116

STATUS INFORMATION

General Bill
Sponsors: Reps. W.D. Smith, Cooper and Mahaffey
Document Path: l:\council\bills\ms\7012ahb07.doc

Introduced in the House on January 9, 2007
Introduced in the Senate on February 14, 2007
Currently residing in the Senate

Summary: Court Appointment Deferral Fund

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Judiciary
    1/9/2007  House   Introduced and read first time HJ-64
    1/9/2007  House   Referred to Committee on Judiciary HJ-64
    2/7/2007  House   Committee report: Favorable Judiciary HJ-1
    2/8/2007          Scrivener's error corrected
   2/13/2007  House   Read second time HJ-22
   2/14/2007  House   Read third time and sent to Senate HJ-13
   2/14/2007  Senate  Introduced and read first time SJ-9
   2/14/2007  Senate  Referred to Committee on Judiciary SJ-9
   2/16/2007  Senate  Referred to Subcommittee: Moore (ch), Ford, Mescher, 
                        Rankin, Scott
   5/30/2007  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary SJ-10
   5/31/2007          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006
2/7/2007
2/8/2007
5/30/2007
5/31/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 30, 2007

H. 3116

Introduced by Reps. W.D. Smith, Cooper and Mahaffey

S. Printed 5/30/07--S.    [SEC 5/31/07 2:02 PM]

Read the first time February 14, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3116) to amend the Code of Laws of South Carolina, 1976, by adding Article 11 to Chapter 3, Title 14 so as to create the Court Appointment Deferral Fund to be, 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 striking the bill in its entirety and inserting the following:

/    A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE CIVIL AND CRIMINAL COURT APPOINTMENT DEFERRAL FUNDS TO BE MAINTAINED BY THE COMMISSION ON INDIGENT DEFENSE.

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

SECTION    1.    Chapter 3, Title 14 of the 1976 Code is amended by adding:

"Article 11

Civil and Criminal Court Appointment Deferral Funds

Section 14-3-1110.    (A)    For the current fiscal year, there is established the Civil Court Appointment Deferral Fund and Criminal Court Appointment Deferral Fund to be maintained by the Commission on Indigent Defense, in its discretion, for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee of two thousand dollars.

(B)    Payment of the fee by persons subject to appointment in civil matters must be deposited into the Civil Court Appointment Deferral Fund. Payment of the fee by persons subject to appointment in civil matters must be deposited into the Criminal Court Appointment Deferral Fund

(C)    The Commission on Indigent Defense shall notify the South Carolina Bar, upon receipt of deferral fees presented, of the names of those persons paying the fees."

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

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

THOMAS L. MOORE    DARRELL JACKSON

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Judicial Department

The department indicates this bill will have a minimal impact on the general fund, due to the additional administrative responsibilities required of the Supreme Court, but the agency can absorb these costs at the current level of funding. There will be no impact on federal and/or other funds.

The Commission on Indigent Defense

The commission indicates this bill will have no impact on the General Fund of the State, or on federal and/or other funds.

SPECIAL NOTES:

The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this bill.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE COURT APPOINTMENT DEFERRAL FUND TO BE MAINTAINED BY THE SUPREME COURT IN ACCORDANCE WITH THE PROCEDURE FOR SUBMISSION OF RULES GOVERNING PRACTICE AND PROCEDURE.

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

SECTION    1.    Chapter 3, Title 14 of the 1976 Code is amended by adding:

"Article 11

Court Appointment Deferral Fund

Section 14-3-1110.    (A)    There is established the Court Appointment Deferral Fund to be maintained by the Supreme Court, in its discretion, for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee established by the Supreme Court.

(B)    The Supreme Court shall promulgate rules in accordance with the provisions of Section 14-3-950 including, but not limited to, the establishment of:

(1)    an appropriate fee or fee schedule for a one-year exemption from appointment which may be not less than one thousand dollars and may be adjusted on a yearly basis for inflation or as the Supreme Court deems necessary on an ongoing basis;

(2)    a one-year time frame for which all exemptions would be subject; and

(3)    guidelines for the use of the fees collected for the defense of indigent persons."

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

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