Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 993, Mar. 15 | Printed Page 1010, Mar. 16 |

Printed Page 1000 . . . . . Wednesday, March 15, 1995

The Corrections and Penology Committee proposed the following amendment (180R002.DLT), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:


Printed Page 1001 . . . . . Wednesday, March 15, 1995

"Section 24-21-710. (A) Film, videotape or other electronic information that is both visual and aural, submitted pursuant to this section, may be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.

(B) Upon receipt of the notice required by law, the following people may submit electronic information:

(1) the victim of the crime for which the prisoner has been sentenced;

(2) the prosecuting solicitor's office; and

(3) the person whose parole is being considered.

(C) The person submitting the electronic information shall provide with the electronic information:

(1) identification of each voice heard and each person seen;

(2) a visual or aural statement of the date the information was recorded; and

(3) the name of the person whose parole eligibility is being considered.

(C) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings if the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(D) The Department of Corrections and the Department of Probation, Parole, and Pardon Services may install, maintain, and operate a two-way closed circuit television system in a correctional institution of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may conduct parole hearings by means of a two-way closed circuit television system provided in this section.

(E) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.

(F) The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section."

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

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.


Printed Page 1002 . . . . . Wednesday, March 15, 1995

AMENDED, READ THE SECOND TIME

S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

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

The Corrections and Penology Committee proposed the following amendment (DKA\3793CM.95), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Chapter 5, Title 24 of the 1976 Code is amended by adding:

"Article 3

Reserve Detention Officers

Section 24-5-300. For the purposes of this article:

(1) `Reserve detention officer' means a person assigned part-time jailer or detention officer duties without being regularly assigned to full-time jailer or detention officer duties and who serves in that capacity without compensation.

(2) `Director' means the detention director, jail administrator, or other manager employed for the operation of a county, municipal, or multi-jurisdictional local detention facility.

(3) `Responsible authority' means the sheriff, county administrator, mayor, city manager, or other appropriate official who has legal responsibility for the management of a local detention facility within a particular jurisdiction.

Section 24-5-310. The director, in his discretion, may appoint the number of reserve detention officers approved by the responsible authority, but not exceeding the number of regular full-time jailers or detention officers funded and employed at the facility, if participation in the reserve detention officer program has been approved by the governing body having jurisdiction over the detention facility. The number of full-time jailers or detention officers must not be decreased because of the institution or expansion of a reserve force. Each period of time a reserve serves must be determined and specified by the director in writing. The


Printed Page 1003 . . . . . Wednesday, March 15, 1995

powers and duties of areserve are subject to the provisions of this article and must be prescribed by the director and approved by the responsible authority.

A reserve is subject to removal by the director at any time. A criminal history inquiry and other appropriate background inquiry must be conducted on an applicant before his selection as a reserve.

Before assuming his duties, a reserve must:

(1) take the oath of office required by law;

(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity and which must be not less than one thousand five hundred dollars; and

(3) successfully complete the course of training required by this article.

Section 24-5-320. No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety.

Section 24-5-330. Before final acceptance as a reserve, a candidate, at his own expense or through the offices of the doctor of his political entity, shall submit to the director a summary of the results of a current physical examination for the satisfaction of the director concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time jailers or detention officers also shall apply to reserves.

Section 24-5-340. Additional requirements beyond those set out in this article may be imposed by the local political entity through the responsible authority.

Upon request by the director and assurance by the director that minimum requirements have been met, identification cards registering a reserve's status may be issued by the Department of Public Safety.


Printed Page 1004 . . . . . Wednesday, March 15, 1995

Section 24-5-350. A reserve shall serve and function as a jailer or detention officer only on specific orders and directions of the director. To maintain status, a reserve shall perform a minimum logged service time of ten hours a month or thirty hours a quarter.

No reserve detention officer shall perform any jailer or detention officer duties except under the direct supervision of a full-time jailer or detention officer. A reserve shall not assume full-time duties of jailers or detention officers without complying with the requirements for full-time jailers and detention officers.

A department utilizing reserves shall have at least one full-time officer as a coordinator-supervisor who must be responsible directly to the director.

Section 24-5-360. A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23.

Section 24-5-370. A currently certified full-time jailer or detention officer who leaves his position under honorable conditions within twelve months, at the request of his director and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve if the use of reserve detention officers has been approved by the responsible authority. The officer is not required to undergo the preliminary training for reserves but is required to have a current physical exam and to continue the same annual in-service training requirements as regular full-time jailers or detention officers.

Section 24-5-380. The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the director, may be entrusted to the care and control of the reserve. A reserve shall wear a uniform which will identify him as a jailer or detention officer. Handguns, if issued, must be of a caliber approved by the responsible authority.

Section 24-5-390. Workers' Compensation benefits may be provided for reserves by the governing body in the same manner benefits are provided for full-time jailers or detention officers.

For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the political entities for which they were appointed and must be included with regular


Printed Page 1005 . . . . . Wednesday, March 15, 1995

duty jailers or detention officersin the assigned responsibility for prevention, suppression, and control of crime."

SECTION 2. Sections 24-5-10 through 24-5-170 are designated as Article 1, entitled "General Provisions".

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

ADOPTED

S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.

The Concurrent Resolution was adopted, ordered sent to the House.

CARRIED OVER

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE


Printed Page 1006 . . . . . Wednesday, March 15, 1995

TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

On motion of Senator LEATHERMAN, the Bill was carried over.

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

On motion of Senator RYBERG, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.


Printed Page 1007 . . . . . Wednesday, March 15, 1995

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008) proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.

Senator COURSON spoke on the Bill.

Senator LAND argued contra to the Bill.

With Senator LAND retaining the floor, Senator COURSON asked unanimous consent to make a motion that the Senate recede from business until 2:00 P.M.

Senator LAND moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 19

AYES

Bryan             Drummond         Elliott
Ford Glover Jackson
Land Lander Leatherman
Martin Matthews O'Dell
Passailaigue Patterson Rankin
Saleeby Short Smith, G.
Smith, J.V. Washington Williams

TOTAL--21

NAYS

Alexander         Courson          Courtney
Gregory Hayes McConnell
Mescher Moore Peeler
Reese Richter Rose
Russell Ryberg Setzler
Stilwell Thomas Waldrep
Wilson

TOTAL--19

Debate was interrupted by adjournment.


Printed Page 1008 . . . . . Wednesday, March 15, 1995

MOTION ADOPTED

On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Woodrow Hodges, Colleton County Magistrate.

ADJOURNMENT

At 12:25 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1009 . . . . . Thursday, March 16, 1995

Thursday, March 16, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Prophet Isaiah, Chapter 6 (v.1) (NRSV):

"In the year that King Uzziah died,

I saw the Lord sitting on a throne,

high and lofty; and the hem of His

robe filled the temple... And one

seraph called to another and said:

`Holy, holy, holy is the Lord of hosts;

the whole earth is full of His glory'."
Let us pray.

Our Father, lest we become caught up and confused in our dismal concern for our daily cares and exhausting concerns of our job as Senators, give us a perspective on this hectic hustle!

As we begin our day, help us to hear the words of the angelic beings, called "seraphs" reminding each other in the words:

"Holy, holy, holy is the Lord of hosts;

the whole earth is full of His glory"
when just the hem of His robe "filled the temple."

Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Cork             Courson
Courtney Drummond Elliott
Ford Giese Glover
Hayes Jackson Land
Lander Leventis Martin
Matthews McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Wilson

A quorum being present, the Senate resumed.


| Printed Page 993, Mar. 15 | Printed Page 1010, Mar. 16 |

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