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

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| Printed Page 171, Jan. 11 | Printed Page 190, Jan. 13 |
Printed Page 180 . . . . . Thursday, January 12, 1995
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

LOCAL APPOINTMENTS

Confirmations

On motion of Senator PEELER, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998, and service to begin July 28, 1994:

The Honorable Mike A. Ellis, 201 Brittany Road, Gaffney, S.C. 29341 VICE James Holland

Printed Page 181 . . . . . Thursday, January 12, 1995
Initial Appointments, Cherokee County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Tina Morton McSwain, 119 Sheraton Loop, Gaffney, S.C. 29341 VICE Donna Earls-Elder (resigned)

Mr. Clinton Lee McClary, Jr., 510 Browning Road, Gaffney, S.C. 29341 VICE James Holland

ADJOURNMENT

At 11:30 A.M., on motion of Senator RYBERG, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

Printed Page 182 . . . . . Friday, January 13, 1995
Friday, January 13, 1995

(Local 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 ACTING PRESIDENT, Senator COURSON.

REPORT RECEIVED

REPORT OF THE JOINT LEGISLATIVE COMMITTEE TO STUDY

THE PROBLEMS OF ALCOHOL AND DRUG ABUSE

JANUARY 1995

To The Honorable David Beasley, Governor of South Carolina and the Honorable Presiding Officers and members of the General Assembly.

The Committee to make a full and complete study of the illicit drug problems in South Carolina with a view to formulating and recommending appropriate legislative proposals for coping with the problem, was created by Concurrent Resolution S-771 of the General Assembly, approved April 24, 1970. The creating resolution authorized the establishment of a nine-member committee to consist of three members from the Senate, three members from the House and three members appointed by the Governor.

The Committee was formally organized on August 31, 1970, and was made a permanent committee on June 22, 1971.

Since the enactment of modernized drug legislation in 1971 and the creation of a permanent drug and narcotics study committee, the members have continuously worked to become knowledgeable and keep abreast of the activities of the areas of drug education, treatment, aftercare, rehabilitation and law enforcement, and in addition to discover for themselves how the interrelationship of these divisions contributes to an effective and meaningful drug problem.

On June 14, 1977, legislation was ratified which changed the name of the Committee to The Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse. The membership was increased from nine members to twelve members, and the Committee has since given the same attention to alcohol and drug problems as it has previously given to drug problems alone.

Approved and Respectfully Submitted.

SENATE MEMBERS:
/S/ Senator J. Verne Smith, Chm.
/S/ Senator Nikki G. Setzler

Printed Page 183 . . . . . Friday, January 13, 1995
/S/ Senator Kay Patterson
/S/ Senator McKinley Washington, Jr.

HOUSE MEMBERS:
/S/ Representative Michael L. Fair
/S/ Representative Jarvis R. Klapman
/S/ Representative Bessie Moody-Lawrence
/S/ Representative Harry Stille

GOVERNOR'S APPOINTEES:
/S/ Mrs. Leslie Harrison
/S/ Mrs. Tippi Craig
/S/ Mr. Jarvis Klapman
/S/ Mr. L.R. Perry

JOINT LEGISLATIVE COMMITTEE TO STUDY THE

PROBLEMS OF ALCOHOL AND DRUG ABUSE

The 1993-94 legislative years have seen the Committee make notable advancement in legislation. The challenge of keeping abreast of the activities of the various State divisions and their interrelationships has enabled South Carolina to further its goals in relationship to meaningful alcohol and drug legislation and programs.

During 1993-94 the Committee emphasis has focused on a number of major alcohol and drug related issues and proposals.

At the Annual Meeting, held in November, the Committee heard presentations by representatives of various state divisions and state and community leaders on alcohol and drug abuse issues and proposals including missions, goals and strategies for the upcoming year as well as the various areas of progress from the past year.

Members were instrumental in the passage of major legislative proposals as follows:

S. 25 -- Senators Bryan and Hayes: An act to amend the code of laws of South Carolina, 1976, by adding Section 38-71-737 so as to require an offer of coverage for psychiatric conditions in group health insurance policies and define "psychiatric conditions".

S. 87 -- Senators McConnell and Rose: An act to amend Section 61-3-1000, as amended, code of laws of South Carolina, 1976, relating to structural and other requirements for retail alcoholic liquor stores, so as to authorize signs which indicate whether the business is open or closed and provide requirements for the signs.

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S. 170 -- Senators Giese and Rose: An act to amend Section 40-43-150, as amended, code of laws of South Carolina, 1976, relating to the sale of prescription drugs, so as to also require a prescription for the sale of certain devices used in diagnosis and treatment and to provide requirements for an emergency refill of a prescription drug.

S.435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: An act to amend Section 44-95-20, code of laws of South Carolina, 1976, relating to the prohibition of smoking in public indoor areas except where a smoking area is designated, so as to include in the prohibition licensed child day care facilities.

S. 532 -- Senators Wilson, Bryan, Giese and Thomas: An act to amend Section 16-11-700, as amended, code of laws of South Carolina, 1976, relating to the offense of littering, so as to provide that litter includes cigarettes and cigarette filters.

S. 622 -- Senator Bryan: An act to amend Section 40-43-150, as amended, code of laws of South Carolina, 1976, relating to certain drugs that only may be sold on prescription, so as to include therapeutically certified optometrists and physicians' assistants among those professionals who may prescribe medications, and to authorize emergency refills without a prescription under certain circumstances; to amend Section 40-47-25, as amended, relating to physicians' assistants, so as to delete provisions relating to the number of assistants a physician may supervise; and to amend Section 44-53-290, relating to registration for manufacturing, distributing, or dispensing controlled substances, so as to authorize the department to issue registrations to nurse practitioners and physicians' assistants for prescribing schedule v controlled substances.

S. 1096 -- Senators Land, Moore, Waldrep and Giese: An act to amend Section 20-7-410, as amended, code of laws of South Carolina, 1976, relating to jurisdiction of certain violations by juveniles, so as to require the family courts to report also violations that affect the juvenile's privilege to drive; to amend Section 56-1-745, as amended, relating to suspension of driver's licenses for controlled substance violations, so as to make technical corrections and to define controlled substance violations; to amend Section 56-1-747, relating to what constitutes a conviction for suspension purposes, so as to include juvenile proceedings.

H. 3112 -- Reps. Wilkins and Hodges: An act to amend Section 44-53-370, as amended, code of laws of South Carolina, 1976, relating to offenses for trafficking in controlled substances, so as to make it unlawful to traffic in lysergic acid diethylamide (lsd) and to provide penalties; and to amend Section 44-53-375, as amended, relating to distribution of ice,

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crank, or crack cocaine so as to add other drugs for purposes of establishing prior conviction and to increase the penalties.

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: An act to amend Section 16-1-10, as amended, code of laws of South Carolina, 1976, relating to felonies, so as to provide a classification system for all felony and misdemeanor crimes and offenses and exceptions; .........

H. 3174 -- Rep. Felder: An act to amend Section 61-9-315, code of laws of South Carolina, 1976, relating to the regulation of beer manufacturers, brewers, importers, wholesalers, and retailers, so as to define ownership and financial interest in beer operations as regards tiers in the industry.

H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: An act to amend the code of laws of South Carolina, 1976, by adding article 12 to chapter 9 of title 61 so as to provide for the establishment, operation, and permitting of brewpubs, promulgation of regulations, and penalties.

H. 3676 -- Rep. Sheheen: An act to amend Section 56-1-40, code of laws of South Carolina, 1976, relating to persons who must not be licensed, so as to prohibit renewal of drivers' licenses to certain persons, and to add to the list of prohibitions persons whose licenses are suspended or revoked, persons who are not residents of the united states and to provide exceptions, and to provide that issuance of a license is not evidence of residency for educational purposes.

H. 3684 -- Rep. Fair: An act to amend Section 20-7-3300, as amended, code of laws of South Carolina, 1976, relating to juvenile records of the department of youth services so as to provide that certain information may be released to school officials and to provide a procedure for requests; and to amend Section 59-63-217 relating to barring enrollment of students so as to add adjudication for assault and battery of a high and aggravated nature.

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: An act to amend title 45, code of laws of South Carolina, 1976, relating to hotels, motels, restaurants, and boarding houses, by adding chapter 2, the lodging establishment act, so as to govern the lawful use of lodging establishments and provide penalties, including restitution requirements, for violations.

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: An act to amend Section 1-23-600, code of laws of South Carolina, 1976, relating to hearings and proceedings of the administrative law judge division, so as to provide that contested cases

Printed Page 186 . . . . . Friday, January 13, 1995
initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer and cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge; and to exempt those matters from the division which are otherwise provided for in title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless specifically assigned to the administrative law judge division; Section 1-23-650, relating to rules governing the internal administration and operation of the administrative law judge division, so as to provide that these rules shall be proposed by the chief judge of the division and adopted by a majority of the judges of the division, or proposed by any judge of the division and adopted by seventy-five percent of the judges of the division, so as to provide that each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted, so as to provide that rules governing practice and procedure before the division which are consistent with the rules of procedure governing civil actions in courts of common pleas and not otherwise expressed in chapter 23 of title 1 of the 1976 code shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the supreme court under article v of the constitution, and so as to provide that the division shall adopt the South Carolina rules of civil procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated; Section 61-1-10, as amended, relating to the appointment of attorneys to act as alcoholic beverage control hearing officers, so as to provide that hearing officers shall be appointed for these cases initiated before May 1, 1994; section 61-1-55, relating to the transfer of the duties and responsibilities of alcoholic beverage control hearing officers to the administrative law judge division, so as to provide that alcoholic beverage cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a hearing officer and cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge, and to delay from March 1, 1994, to May 1, 1994, the repeal of certain provisions of law relating to the appointment of these hearing officers; Section 1-23-640, as amended, relating to the location where the administrative law judge division shall hear contested cases, so as to provide that the division shall hear cases at its offices or at other locations as determined by the chief judge; Section 8-11-260, relating to the state employee personnel administration system, so as to exempt the judges, officers, and employees of the administrative law judge division; Section 8-17-370, relating to state
Printed Page 187 . . . . . Friday, January 13, 1995
employee grievance procedures, so as to exempt the judges, officers, and employees of the administrative law judge division; and Section 1-23-500, as amended, relating to the creation of the administrative law judge division, so as to direct the judicial council to study the feasibility and constitutionality of making the administrative law judge division a part of the unified judicial system, and to report its findings to the general assembly and the chief justice of the supreme court by January 15, 1995.

H. 4811 -- Rep. G. Bailey: An act to amend Section 61-3-1020, as amended, code of laws of South Carolina, 1976, relating to the prohibition on the conduct of other business in retail alcoholic liquor stores, so as to authorize the sale of nonalcoholic items instead of nonalcoholic beverages packaged together with alcoholic liquors and to require the packaging at the alcoholic liquor producer's place of business.

H. 4872 -- Rep. Houck: An act to amend Sections 44-53-210 and 44-53-250, code of laws of South Carolina, 1976, relating to schedules ii and iv controlled substances, so as to provide that injectable forms of pentazocine are schedule ii and that oral dosage forms of pentazocine are schedule iv.

H. 4873 -- Rep. Houck: An act to amend Section 44-53-280, code of laws of South Carolina, 1976, relating to registration of professionals for narcotics and controlled substances use incidental to their profession, so as to revise the dates for expiration and renewal of registrations; and to provide staggered registrations.

The Committee has continued to research and study the problems of alcohol and drug related issues with deliberate concern and effort. Interaction with citizens' action groups and various state agencies was substantial and furthered the Committee's awareness of needed legislation.

The Study Committee assigns highest priority to exercising every opportunity to gain personal understanding of information revealing new and innovative efforts to reduce alcohol and drug usage. The Committee accepts its responsibility to organize and develop this information to promote appropriate legislation aimed at controlling and reducing alcohol and drug abuse in South Carolina. The Committee shares the results of their research and information development by responding promptly to all request for information by concerned citizenry. The committee has provided, upon request, their Annual Report to the S.C. State Library, S.C. Archives and History, USC Library and the Caroliniana Library and to libraries in other states including Florida, Illinois, Kentucky, Wisconsin, Texas and Virginia.

The Committee anticipates Committee meetings during the interim to hear issues and proposals prior to the 1994 Legislative Session.

Printed Page 188 . . . . . Friday, January 13, 1995
The following is a Legislative Report of bills introduced during the 1993-93 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted will be pending in the 1993-94 Legislative Session.

S. 9 -- Senator Martin: A bill to amend Section 56-5-6240, code of laws of South Carolina, 1976, relating to forfeiture, confiscation, and sale of certain motor vehicles, so as to provide for such forfeiture upon a second or subsequent, rather than a fourth or subsequent, violation of dus (driving under suspension) and upon a second or subsequent, rather than a fourth or subsequent, violation of dui (driving under the influence), and to provide for such forfeiture upon a second or subsequent violation within the last ten years of knowingly operating an uninsured motor vehicle subject to registration in this state or knowingly allowing the operation of an uninsured motor vehicle subject to registration in this state. Referred to Transportation.

S. 14 -- Senator Mitchell: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2925 so as to prohibit negligent driving and to provide a penalty. Referred to Transportation.

S. 36 -- Senators Passailaigue and Rose: A bill to amend the code of laws of South Carolina, 1976, by adding article 25 in chapter 21 of title 12, relating to stamp and business license taxes, so as to enact "the marijuana and controlled substance tax act of 1993", to provide a penalty, and to establish the state controlled substances tax account. Referred to Finance.

S. 75 -- Senators Rose, Giese and Wilson: A bill to amend title 44, code of laws of South Carolina, 1976, relating to health, by adding chapter 60 so as to enact the south carolina drug impaired infants act, which provides procedures for the drug testing of a newborn child under certain conditions, and provides that a newborn child testing positive for these substances under these conditions is considered neglected for purposes of family court jurisdiction. Referred to Judiciary.

S. 76 -- Senators McConnell and Rose: A joint resolution proposing an amendment to Section 15, article I of the constitution of South Carolina, 1895, relating to bail, cruel, unusual and corporal punishment, and detention of witnesses, so as to provide for the offenses for which and the circumstances under which bail may be denied. Referred to Judiciary.

S. 81 -- Senators McConnell, Passailaigue, Rose, Courtney, Wilson, Cork, Moore, Courson, O'Dell and Martin: A joint resolution proposing an amendment to article I of the constitution of South Carolina,

Printed Page 189 . . . . . Friday, January 13, 1995
1895, relating to declaration of rights, by adding Section 24 so as to provide for the "victims' bill of rights". Referred to Judiciary.

S. 118 -- Senator Rose: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 97 to title 44 so as to provide for the protection against pollution from litter by regulating the use of certain beverage containers and provide penalties for violations. Referred to Medical Affairs.

S. 132 -- Senator Rose: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-9-150 so as to prohibit the sale of beer or wine displayed in a container of ice located within twenty feet of a cash register or an entrance or exit of a building and provide penalties for violations. Referred to Judiciary.

S. 150 -- Senator Rose: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 54 to title 44 so as to enact the "assessment of and intervention in the perinatal effects of alcohol, controlled substances, and cigarettes act" so as to require that physicians provide counseling to pregnant women on these effects; to require the south carolina department of health and environmental control and the south carolina commission on alcohol and drug abuse to provide educational programs and materials to physicians providing obstetrical and gynecological care; to direct the department of health and environmental control, the south carolina department of mental health, and the state department of social services to establish multidisciplinary teams to advise physicians on these issues; to provide optional reporting to the department of health and environmental control of families with children exposed to drugs or alcohol; to allow the department of social services to provide prevention services; to require reporting of high risk pregnancies to the department of health and environmental control and require the department to conduct drug prevalence tests to determine trends in pregnancy substance abuse; and to amend Section 59-32-20, relating to comprehensive health education instructional units for school districts, so as to require school districts to include the effects of perinatal substance abuse in their drug and alcohol education programs. Referred to Medical Affairs, Recalled & Referred to Judiciary.

S. 153 -- Senator Rose: A bill to amend the code of laws of South Carolina, 1976, by adding article 5 to chapter 13, title 61, so as to prohibit the advertising and marketing of alcoholic beverages and youth consumer goods to minors; to amend Section 61-3-20, pertaining to alcoholic beverages, so as to define additional terms; and to amend Section 16-17-500, relating to supplying tobacco to minors, so as to prohibit the advertising and marketing of tobacco to minors. Referred to Judiciary.

| Printed Page 171, Jan. 11 | Printed Page 190, Jan. 13 |
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