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COMMITTEE REPORT
May 30, 2007
H. 3116
S. Printed 5/30/07--S.
Read the first time February 14, 2007.
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
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:
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.
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
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:
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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