Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 2340, May 2 | Printed Page 2360, May 3 |
Printed Page 2350 . . . . . Friday, May 3, 1996
This is the Committee's last report as the Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse is no longer in existence.

Approved and Respectfully Submitted:

SENATE MEMBERS

/S/ Senator J. Verne Smith, Chm.

/S/ Senator Nikki G. Setzler

/S/ Senator Kay Patterson

/S/ Senator McKinley Washington

HOUSE MEMBERS

/S/ Representative Michael L. Fair

/S/ Representative Heyward G. Hutson

/S/ Representative Bessie Moody-Lawrence

/S/ Representative Harry C. Stille

GOVERNOR'S APPOINTEES

Mrs. Leslie Harrison

/S/ Ms. Tippi Craig

/S/ Mr. Jarvis Klapman

/S/ Mr. L.R. Perry

JOINT LEGISLATIVE COMMITTEE TO STUDY

THE PROBLEMS OF ALCOHOL AND DRUG ABUSE

The 1994-95 legislative years have seen the Committee make notable advancement in legislation. The challenge of keeping abreast of the activities of various State divisions and their interrelationships was met enabling South Carolina to further its goals in relationship to meaningful alcohol and drug legislation and programs.

For 1994-95 the Committee emphasis has focused on a number of major alcohol and drug related issues and proposals.

At the Annual Meeting..

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

Printed Page 2351 . . . . . Friday, May 3, 1996
H. 3037 -- Rep. Kirsh: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2947 so as to provide that when a person commits certain drug and alcohol-related motor vehicle offenses and a minor was a passenger in the vehicle at the time of the offense, the person is guilty of the offense of child endangerment and must be penalized by a mandatory fine or imprisonment not less than one-half of the maximum fine or imprisonment given for the original offense, and to provide that a person may be convicted of child endangerment in addition to the other offenses. Rec'd 1st, Referred to Judiciary, Fav. Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Rec'd 3rd, H=non concurrence in Sen. Amendment, S=insists upon amendments, H&S= Conference Powers granted, Conference Committee S=Glover, Rose, Stilwell H=Knotts, Scott, Kirsh, Conf. Comm reported, Rec'd, Adopted, Enrolled (R314), Signed by Governor (6-7-95), ACT 81

H. 3567 -- Rep. Quinn: A bill to amend Section 61-1-95, as amended, code of laws of South Carolina, 1976, relating to beer, wine, and alcoholic beverage permits and licenses, so as to delete the prohibition on the issue of a permit or license following suspension or revocation to any person within the third degree of kinship to the person whose permit or license was suspended and to delete the prohibition on issuing a permit or license following suspension or revocation to a partner or person with a financial interest in the premises of the establishment for which the permit or license was suspended. Rec'd 1st, Referred to H-LCI, Fav. with amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Rec'd 2nd, Notice general amendments, Amended, Carried Over, Rec'd 3rd, Enrolled (R151), Unsigned by Governor (6-13-95), ACT 143

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A bill to enact the South Carolina family independence Act of 1995 so as to establish the welfare policy of the state; to, among other things, require the state department of social services to expand its employment assistance services and to expand

Printed Page 2352 . . . . . Friday, May 3, 1996
its work support program statewide; to require afdc recipients to enter agreements in order to receive afdc and to provide sanctions for noncompliance; .......Rec'd 1st, Referred to Judiciary, Fav. with amendment, Special order under H.3696, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to General Committee, Rec'd 2nd, Amended, Rec'd 3rd, H=non-concurrence in Sen. amendment, S=insists upon amendment, Conference powers granted S=Thomas, Wilson, Washington H=Huff, Cromer, Cotty, Adopted by Conf. Comm., Enrolled (R156), Signed by Governor (6-12-95), ACT 102

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A bill to amend Section 61-3-990, as amended, code of laws of South Carolina, 1976, relating to restrictions on sales by retail dealers of alcoholic beverages, so as to authorize the sale of alcoholic beverages in sealed containers of two ounces or less for consumption in commercial aircraft engaged in interstate commerce.Rec'd 1st, Referred to Ways and Means, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Rec'd 2nd, Gen. amendment, Rec'd 3rd, Enrolled (R157), Unsigned by Governor (6-13-95), ACT 103

H. 3758 -- Reps. Cotty and Kinon: A bill to amend Section 1-3-480, code of laws of South Carolina, 1976, so as to authorize the governor, with the consent of congress, to enter into compacts and agreements for the deployment of the national guard with governors of other states concerning drug interdiction and related activities; and by adding Section 1-3-490 so as to adopt the national guard mutual assistance counterdrug activities compact to provide for mutual assistance and support among the party states in the utilization of the national guard in drug interdiction, counterdrug activities, and demand reduction activities.Rec'd 1st, Referred to Judiciary, Fav. Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Returned to House with Amendment, Sen. concurred, Enrolled (R169), Unsigned by Governor (6-13-95), ACT 113

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A bill to amend Section 12-33-210, as amended, code of laws of South Carolina, 1976, relating to alcoholic beverage licenses for purposes of the alcoholic beverage control act, so as to provide for prorated licenses; to

Printed Page 2353 . . . . . Friday, May 3, 1996
repeal Section 12-33-220, relating to an obsolete provision allowing proration of licenses, and to provide for refunds in cases of certain licenses issued after november, 1994.Rec'd 1st, Referred to H-LCI, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate,Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, returned to House with amendment, Con. Comm. appointed; S=Ryberg, Cork, G. Smith H=Richardson, Kelley, Thomas, Enrolled (R219), Signed by Governor (7-20-95), ACT 144

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A bill to amend the code of laws of South Carolina, 1976, by adding Section 12-21-735 so as to provide for payment of the license tax on cigarettes and tobacco products by the reporting method rather than by tax stamps; and to repeal Sections 12-21-720, 12-21-730, and 12-21-820, relating to cigarette license tax stamps.Rec'd 1st, Referred to H-LCI, Fav. Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Finance, Amended, Rec'd 2nd, rec'd 3rd, returned to House with amendment, concurred, Enrolled (170), Signed by Governor (6-7-95), ACT 114

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A bill to amend Act 346 of 1975, relating to the tricounty commission on alcohol and drug abuse, so as to revise the composition of the commission; to delete the requirement that the chairmanship must rotate; to add additional powers and duties; to provide additional distribution of copies of the commission audit report; and to provide that all members currently serving on the commission continue to serve until the expiration of their current terms.Rec'd 1st, Placed on calendar without reference, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Medical Affairs, Rec'd 2nd, Rec'd 3rd, Enrolled (R181), Signed by Governor (6-12-95), ACT 122

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 continues to assign highest priority to exercising every opportunity to gain personal understanding of information revealing new and innovative efforts to reduce alcohol and drug abuse. The Committee accepts its responsibility to organize and develop this information to promote appropriate legislation aimed at controlling and

Printed Page 2354 . . . . . Friday, May 3, 1996
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 and Virginia.

The following is a Legislative Status Report of bills introduced during the 1994-95 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted will be pending in the 1995-96 Legislative Session.

Senate Bills

S. 11 -- Senator Giese: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-1-285 so as to provide for a six-month's suspension of the driver's license of a person under the age of twenty-one operating a motor vehicle who has a blood alcohol content in excess of five one-hundredths of one percent, to provide that licensed drivers under twenty-one have consented to be tested, to limit testing to incidents in which a person has been arrested for a traffic offense, to prescribe the method and procedures for testing and require an automatic six-month's suspension for refusal to be tested, to provide that the suspension begins immediately upon the officer taking possession of the license, to provide for an administrative hearing on the suspension at the driver's request, and to provide that a person whose license is suspended is not required to file proof of financial responsibility. Rec'd 1st, Referred to Transportation

S. 20 -- Senator Giese: A bill to amend Section 56-1-746, as amended, code of laws of South Carolina, 1976, relating to the suspension of the driver's license of persons convicted of certain driver's license and alcohol-related offenses, so as to provide that the license of a person accepted into a pretrial intervention program on being charged with one of these offenses may be suspended as if the person was convicted and to require the circuit solicitor to report the person's acceptance into the program to the department of transportation. Rec'd 1st, Referred to Transportation

Printed Page 2355 . . . . . Friday, May 3, 1996
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson and Elliott: 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.Rec'd 1st, Referred to Judiciary, Recalled, placed on calendar without reference, Rec'd 2nd with general amendments, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 47 -- Senator Jackson: A bill to amend Section 44-95-20 of the code of laws of South Carolina, 1976, relating to places where smoking is prohibited, so as to prohibit smoking in the public areas of the state house. Rec'd 1st, Referred to Medical Affairs

S. 78 -- Senator McConnell: A bill to amend Section 44-53-370, as amended, code of laws of South Carolina, 1976, relating to trafficking in cocaine, so as to provide for a mandatory minimum term of imprisonment without parole, work release, or supervised furlough. Rec'd 1st, Referred to Judiciary

S. 82 -- Senators McConnell, Rose and Wilson: 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. Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A bill to amend Section 17-15-10, code of laws of South Carolina, 1976, relating to the release of a noncapital offender on his own recognizance, so as to provide for the offenses for which and the circumstances under which bail may be denied and to define violent crimes.Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 111 -- Senator Peeler: A bill to amend Section 3-9-10, code of laws of South Carolina, 1976, relating to federal surplus property, so as to authorize the division of general services to enter into agreements with federal agencies to conduct and direct the disposal of excess or surplus

Printed Page 2356 . . . . . Friday, May 3, 1996
property of those federal agencies or the federal government, and to provide that no other state agency that receives state appropriated funds or local agency may perform this function; to amend the 1976 code by adding Section 11-35-715 so as to require all state governmental bodies receiving state appropriated funds including the department of transportation to comply with provisions of law requiring the use of the division of general services when disposing of surplus property regardless of other exemptions which have been granted to the consolidated procurement code; to amend Section 11-35-3820, relating to the allocation of the proceeds of the sale of surplus property, so as to provide that all proceeds must be applied to the credit of the governmental body owning the property for the purchase of like items; to amend Section 44-53-530, as amended, relating to the seizure, forfeiture, and sale of property used in illegal drug transactions, so as to provide that public auctions of this property must be conducted by the division of general services, and the division of general services must be notified annually of the property which has been retained by the seizing agency; to amend the 1976 code by adding Section 50-3-115 so as to provide that public auctions of personal property seized and forfeited to the department of natural resources must be conducted by the division of general services, to require the division to be notified by the department of certain property retained by it for its own use, and to provide exceptions; and to amend Section 50-11-740, as amended, relating to the confiscation, forfeiture, and sale of property used in the hunting of deer or bear at night, so as to provide that the department of natural resources acting through the division of general services as its authorized agent shall conduct the public auctions at which this property is sold and that the sale must be conducted in the same manner surplus property is sold under the consolidated procurement code.Rec'd 1st, Referred to Judiciary

S. 119 -- Senator Rose: A bill to amend title 44, code of laws of South Carolina, 1976, by adding chapter 54 so as to create the south carolina drug impaired infants act, to amend Section 20-7-290, relating to the rendering of health services to minors without parental consent, so as to provide that a physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of parents under certain circumstances, to amend Section 20-7-510, relating to the requirement that certain persons report instances of child abuse or neglect, so as to add subsection (d) to provide the circumstances under which persons are required to report positive results of drug or alcohol testing performed on a newborn, to amend Section 44-7-260, relating to hospitals,

Printed Page 2357 . . . . . Friday, May 3, 1996
etc. And requirements for licensure, so as to provide, among other things, that no facility or service that provides diagnostic treatment or rehabilitative services related to alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant, to amend Section 44-49-40, relating to powers and duties of the department of health and environmental control concerning narcotics and controlled substances, so as to coordinate services of the department relating to prenatal substance abuse, to amend Section 44-53-140, relating to the alcohol and drug abuse commitment, so as to provide that evidence obtained in the administering of health care may not be used against the person seeking treatment in any proceeding except proceedings initiated by the department of social services, and to amend Sections 59-32-20 and 59-32-30, relating to education, so as to provide for the development and inclusion of appropriate drug education curricula concerning the effects of alcohol and drug abuse. Rec'd 1st, Placed on calendar without Reference, Rec'd 2nd, Carried Over, committed to Finance, Recalled, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to H3M

S. 128 -- Senator Rankin: A bill to amend Section 56-1-460 of the code of laws of South Carolina, 1976, relating to penalties for driving while license is canceled, suspended or revoked, so as to decrease the period of incarceration from sixty to thirty days for a second offense, when the suspension is not pursuant to Section 56-5-2990, relating to suspensions for driving under the influence. Rec'd 1st, Referred to Transportation

S. 140 -- Senator Wilson: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-70 so as to provide for the issuance and cost of a distinguishing decal to indicate that the person in control of a motor vehicle consents to its search for illegal drugs and provide for the search. Rec'd 1st, Referred to Judiciary

S. 155 -- Senator Lander: A joint resolution to appropriate from fiscal year 1993-94 surplus revenues three hundred fifty thousand dollars for a replacement seven county regional rehabilitation facility for alcohol and drug abuse treatment located in newberry county. Rec'd 1st, Referred to Finance

S. 165 -- Senator Hayes: A bill to amend Section 44-95-20, as amended, code of laws of South Carolina, 1976, relating to places where smoking is prohibited under the clean indoor air act of 1990, so as to provide that local school district boards are not prohibited from making school district

Printed Page 2358 . . . . . Friday, May 3, 1996
facilities smoke free; and to designate the provisions of the clean indoor air act as chapter 95, title 44 of the code of laws of South Carolina, 1976. Rec'd 1st, Referred to Medical Affairs

S. 242 -- Senator Gregory: (Companion Bill H.3112) A bill to amend Section 56-5-2950, as amended, code of laws of South Carolina, 1976, relating to the implied consent to chemical breath tests to determine the presence of alcohol or drugs in operators of motor vehicles, so as to increase from ninety to one hundred eighty days the time a driver's license must be suspended for refusal to submit to a chemical breath test. Rec'd 1st, Referred to Judiciary

S. 246 -- 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. Rec'd 1st, Referred to Judiciary

S. 247 -- Senator Passailaigue: A bill to amend Section 61-9-312, code of laws of South Carolina, 1976, relating to special permits for off-premises consumption and disposition of revenue, so as to provide that such revenue will be credited to the general fund of the state to be appropriated in proportionate shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated for construction and repair of infrastructure and to define infrastructure; to amend Section 12-21-1120, relating to beer and wine license taxes, so as to provide that the revenue collected from special permits under Section 61-9-312 shall be credited to the general fund of the state to be appropriated in proportionate shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated to be used for construction and repair of infrastructure; and to amend Section 12-21-2720, relating to licenses for coin-operated devices or machines, so as to provide that the revenue generated from the licensing of certain coin-operated devices shall be credited to the general fund of the state to be appropriated in proportionate

Printed Page 2359 . . . . . Friday, May 3, 1996
shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated. Rec'd 1st, Referred to Finance

S. 264 -- Senators Stilwell, Moore, Rose and Jackson: A bill to amend Section 1-3-220, code of laws of South Carolina, 1976, relating to the governor filling vacancies in an office of the executive department by appointment under certain conditions, so as to exclude the office of lieutenant governor because the manner in which vacancies in this office are filled are provided for in other provisions of law; Section 1-3-240, as amended, relating to the removal of state and county officers, by the governor, so as to revise a reference to the department of revenue and taxation and its commission; (ABBREVIATED) - Technical amending and restructuring of house version. Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Fav. w/ amendments, Recommited, Recalled, Conf. Comm. - S=Jackson, Stilwell, Moore H=Harrison, Hodges, Huff

S. 284 -- Senator Mitchell: A bill to enact the "criminal justice refinement and planning act of 1995"; to amend the code of laws of South Carolina, 1976, by adding chapter 27 to title 24 so as to provide for community corrections incentive, including providing, among other things, that the department of corrections and the department of probation, pardon and parole jointly shall develop and implement criteria to assist the courts in identifying offenders who would be suitable candidates for commitment and referral to a community corrections facility;.....ABBREVIATED Rec'd 1st, Referred to Corrections and Penology

S. 326 -- Senators Hayes and Wilson: A bill to amend Section 44-53-520, as amended, code of laws of South Carolina, 1976, relating to forfeitures of property arising from controlled substance violations, so as to delete the separate minimum amounts of controlled substances which must be involved in the offense to give rise to the forfeiture of trailers, aircraft, motor vehicles, and watergoing vehicles. Rec'd 1st, Referred to Judiciary

S. 328 -- Senator Hayes: A bill to amend Section 44-53-445, as amended, code of laws of South Carolina, 1976, relating to distribution of a controlled substance within proximity of a school, so as to make this crime a separate criminal offense. Rec'd 1st, Referred to Judiciary

| Printed Page 2340, May 2 | Printed Page 2360, May 3 |
Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.