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

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involved in the commission of a felony and to provide that the money derived from the sale of this contraband property must be used for certain purposes including use by the law enforcement agency making the seizure. Rec'd 1st, Referred to Judiciary

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. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 10 to title 8 so as to authorize certain drug and alcohol testing of prospective state employees.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

H. 3778 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, Richardson, Stuart, Vaughn, Rice, Allison and Stille: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 14 to title 8 so as to establish uniform standards for pre-employment and employment drug testing of state employees, require this drug testing under certain conditions, and provide procedures for its confidentiality, reliability, and fairness. Rec'd 1st, Referred to H-LCI

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


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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 (219), 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 (R170), Signed by Governor (6-7-95), ACT 114

H. 3813 -- Rep. J. Harris: 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 amend Sections 61-3-710, 61-5-70, and 61-9-310, all as amended, relating to permitting and licensing periods for beer, wine, and alcoholic beverages, so as to provide for prorated fees for beer and wine permits, and to delete obsolete provisions; and to repeal Section 12-33-220, relating to an obsolete provision allowing proration of licenses.Rec'd 1st, Referred to H-LCI

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


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H. 4014 -- Rep. Wilkins: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2951 so as to provide for an administrative driver's license and permit revocation procedure for a person arrested while driving under the influence of alcohol or another substance and to provide that certain evidence presented in this proceeding may be used in a criminal prosecution; to amend Section 56-1-10, as amended, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical test or breath, blood, and urine to determine the presence of alcohol or drugs on a motor vehicle operator, so as to revise the number of tests that may be administered and the procedure for utilizing the test results, to delete the driver's license and permit suspension procedure, and to make technical changes.Rec'd 1st, Referred to Judiciary

H. 4051 -- Reps. Govan, S. Whipper and Byrd: A bill to amend the code of laws of South Carolina, 1976, by adding Section 44-53-595 so as to provide definitions, to provide civil liability for and the recovery of damages from a person who participates in the illegal drug market within the state, to provide a statute of limitations for the filing of a civil action, to provide for the representation of a governmental entity in a civil action filed pursuant to this section, and to authorize a stay of an action under certain circumstances.Rec'd 1st, Referred to Judiciary

H. 4059 -- Rep. Wilkins: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2951 so as to provide for an administrative driver's license and permit revocation procedure for a person arrested while driving under the influence of alcohol or another substance and to provide that certain evidence presented in this proceeding may be used in a criminal prosecution; to amend Section 56-1-10, as amended, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical test or breath, blood, and urine to determine the presence of alcohol or drugs on a motor vehicle operator, so as to revise the number of tests that may be administered and


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the procedure for utilizing the test results, to delete the driver's license and permit suspension procedure, and to make technical changes.Rec'd 1st, Referred to Judiciary

H. 4060 -- Rep. Wilkins: A bill to amend section 56-1-10, as amended, code of laws of South Carolina, 1976, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; to amend Section 56-5-2930, relating to the unlawful use of narcotics, liquor, drugs, or similar substances by a motor vehicle driver, so as to revise the circumstances upon which a person may not operate a motor vehicle.Rec'd 1st, Referred to Judiciary

H. 4108 -- Reps. Neilson, Herdklotz, A. Young, Fair, Easterday and Jaskwhich: A bill to amend Section 56-5-2950, as amended, code of laws of South Carolina, 1976, relating to the implied consent to chemical tests of breath, blood, and urine of a person who operates a motor vehicle upon the public roads of this state, so as to decrease the percentages of alcohol in a person's blood used to create presumptions of under the influence or no presumption of being under the influence which must be used in determining the guilt of a person violating the provisions of Section 56-5-2930 and to provide that it must be inferred that a person is under the influence of alcohol if there was at that time six one-hundredths of one percent or more by weight of alcohol in the person's blood.Rec'd 1st, Referred to Judiciary

The Committee has continuously stayed abreast of the activities of those agencies deeply involved in the alcohol and drug problem. In the following pages is a short synopsis of the activities of these agencies as they reported to the Committee. These reports have been included verbatim as submitted by the agency.

The Department of Alcohol and Other Drug Abuse Services

The citizens of South Carolina continue to be affected by the use and abuse of alcohol and other drugs. It not only affects the health of South Carolinians, it also negatively impacts the social and economic conditions of the state. The Department of Alcohol and Other Drug Abuse Services


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continues to counter the negative effects of alcohol and other drug abuse through prevention, intervention and treatment strategies.

During FY95 this was accomplished by maintaining ongoing prevention, intervention and treatment programs and services to address these and other problems while at the same time continuing efforts to find new ways to reach previously underserved populations.

During the year, DAODAS contracted for and helped coordinate more than 24,600 prevention activities impacting more than 623,000 individual South Carolinians. Once again, the South Carolina Teen Institute for Alcohol and Other Drug Abuse Prevention was the largest and most comprehensive prevention initiative conducted by the state system. During FY95, three week-long training sessions were held as part of the Teen Institute. These sessions involved a total of 504 students and 101 advisors representing 101 teams from high schools throughout South Carolina. Also, DAODAS maintains its participation in the Drug Abuse Resistance Education (DARE) program, an interagency effort involving DAODAS, the South Carolina Criminal Justice Academy, the South Carolina Law Enforcement Division, the State Department of Education, and the South Carolina Department of Public Safety.

In South Carolina, an estimated 226,000 individuals ages 12 and older currently are identified as alcohol and/or other drug dependent and are in need of other intervention or treatment services. During FY95, 53,304 clients received direct intervention and/ or treatment services through the state's county alcohol and drug abuse authorities. Specifically, 30,587 clients received direct services through intervention programs offered as an alternative to the development of more serious problems. These services are provided through the Alcohol and Drug Safety Action Program (ADSAP), the School Intervention Program (ScIP), Offender Based Intervention Program (OBI) and Employee Assistance Programs (EAPs). The remaining 22,717 clients received treatment ser-vices because of pressure exerted by family members, friends or other influences, including the judicial process. Many additional South Carolinians received treatment through private agencies; other state or community agencies such as the South Carolina Vocational Rehabilitation Department and the South Carolina Department of Mental Health; private treatment centers; or through self-help groups including Alcoholics and Narcotics Anonymous.


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DAODAS continues its involvement with several agency programs designed to identify individuals who are experiencing alcohol-and other drug-related problems and to provide specialized treatment services for those identified high-risk populations. Specific efforts have involved many other state agencies including the South Carolina Department of Mental Health; South Carolina School for the Deaf and Blind; South Carolina Department of Corrections; South Carolina Department of Probation, Parole and Pardon Services; the South Carolina Department of Juvenile Justice; South Carolina Health and Human Services Finance Commission; South Carolina Vocational Rehabilitation Department; South Carolina Department of Social Services; the Wil Lou Gray Opportunity School; the Medical University of South Carolina and the South Carolina Department of Health and Environmental Control.

The continuing expansion of one of these programs involving the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services and several county alcohol and drug abuse authorities has been the pre-release addictions treatment services provided to inmates in the state correctional system through the Addiction Treatment Units (ATUs). The ATU continued at the Watkins Pre-Release Center during FY95 with 292 individuals successfully completing the program at that site. Additional ATUs that became fully operational during FY95 include the following:

. . . . .1. New Connections, a 190-bed unit at the Manning Correctional Institution in Columbia; 60 individuals successfully completed the program.

. . . . .2. Coastal Addictions Treatment Program, a 48-bed unit for probation and parole violators at Coastal Work Release Center in Charleston; 83 individuals successfully completed the program.

. . . . .3. Appalachian Addictions Treatment Unit, a 60-bed unit at Livesay Work Center in Spartanburg; 109 individuals successfully completed the program.

. . . . .4. Women's Addictions Treatment Center, a 30-bed unit at State Park Correctional Center in Columbia; 51 women successfully completed the program.


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This program was the first such program in the state designated specifically for female inmates who are in need of addictions treatment services.

The total number of successful completions from an ATU since the program's inception in 1989 is now over 1,900 individuals.

This year saw the continuation of a grant received from the federal Center for Substance Abuse Treatment for "The Bridge" program designed to provide intensive community-based outpatient treatment services for adolescents following their release from addictions treatment facilities and/or from institutional care within the South Carolina Department of Juvenile Justice. Of the more than 400 adolescents who have received assessment through "The Bridge" project, 97 percent have continued into the intensive case management phase. Of these, 68 percent have progressed into continuing care. Only six of those who have received services beyond the assessment phase have been reincarcerated as of June 30, 1995, and none have been readmitted for inpatient care to an addictions treatment facility. Federal funding for this program will terminate on September 30, 1996.

DAODAS continues to place emphasis on the unique programming needs of women. DAODAS is responsible for directing efforts to improve the availability and
accessibility of alcohol-and drug-related services for women who have dependent children. In addition, DAODAS serves as a resource for other state agencies and also coordinates special initiatives targeting women. Located within the Department's Office of Women's Services is the Women's Resource Center, an information clearinghouse on women's issues, specifically as they relate to the use of alcohol, tobacco and other drugs. DAODAS continues to assist with the management of full community-based prevention projects targeting women in Lexington, Richland, Aiken, Georgetown, Marion and Dillon counties. These projects target two major populations, lower-income pregnant women with young children and elderly women at risk for adverse effects of alcohol and other drug use.

The contracts for the women's community residences continue to be coordinated and managed by DAODAS, including a 24-bed facility operated by the Lexington/ Richland Alcohol and Drug Abuse Council that serves a statewide need for women who require residential therapeutic accommodations following the completion of a more intensive phase of


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inpatient treatment. During FY95, 150 women were served by this residential program. Also, Serenity Place, which is operated by the Greenville County Commission on Alcohol and Drug Abuse, has 10 beds for women and can accommodate up to 20 dependent children. This facility provided services for 33 women. Florence County's Chrysalis Center, in its first full year of operation with 16 beds for women and accommodating approximately 32 dependent children, provided services for 33 women. These latter two programs provide services for women and their children for up to 1 years and give priority access to pregnant women for treatment. The New Life Residential Treatment Program was opened in Charleston during this year and provided services for 14 women.

During FY95, DAODAS monitored and tracked more than 120 legislative bills relating to alcohol and other drug abuse issues. A significant piece of legislation, the Family Independence Act of 1995, establishes a welfare policy requiring family skills training for persons eligible for AFDC benefits. A component of this program must include an alcohol and other drug assessment and coordination of services with DAODAS. If the recipient of AFDC benefits is determined to be in need of treatment, these services are required in order to maintain benefits.

Progress continues on many fronts related to other legislative initiatives including bills that address the problem of driving under the influence (DUI). The Administrative License Revocation Bill, which would revoke the driver's license with a designated blood alcohol concentration (BAC) level without requiring a conviction, has been reintroduced in both the House and the Senate. Other bills in progress would revoke the driver's license of anyone under the age of 21 who drives with a BAC of .02 percent or greater. Another bill would lower the BAC inference for DUI from .10 to .08 percent. A general resolution has been proposed to study the constitutional requirement for distribution of alcohol by the drink. This issue deals with the dispensing of alcohol by the drink versus the mini-bottle. There are several initiatives being assessed to provide more expensive and better service for pregnant addicted women and children. A major bill dealing with this issue has passed the Senate and is in the House.

The Department of Alcohol and Drug Abuse Services will continue to refine systems of care and search for innovative and cost efficient ways to insure that appropriate prevention intervention, and treatment services are


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available to meet the needs of the citizens of South Carolina. DAODAS will work in cooperation and collaboration with the Governor, the legislature, the judiciary and all agencies of government in order to meet our goal of providing affordable, quality and accessible services.

SOUTH CAROLINA DEPARTMENT OF EDUCATION:

The South Carolina Department of Education's Safe and Drug-Free Schools Team devotes resources to addressing the youth violence and alcohol and drug problems of South Carolina's students. This team administers, directs, and maintains the federal Safe and Drug-Free Schools grant reauthorized in 1994, allocating 91% of the state's State Department of Education funds to school districts and directing program funds to wide-ranging activities supporting violence reduction and alcohol and drug abuse reduction, i.e., Second Step Conflict Resolution (grades K-8), Student Assistance Program training, D.A.R.E., the Coaches' Conference on Alcohol, Other Drugs, and Athletes, National Safe Schools Week, Red Ribbon Week Activities, and to collect legally mandated data for the annual School Crime Incident Report.

The South Carolina Department of Education (SDE) plans to conduct four regional trainings in a widely respected conflict resolution program, "Second Step", for selected individuals in each school district, who will be responsible for training teachers in schools to implement the curriculum. This curriculum has been used nationwide for almost 20 years and has been credited with significant reductions in expulsions, suspensions, counseling referrals, and discipline problems related to conflict and violence.

As required by the Safe Schools Act of 1990, the SDE collects data from all school districts quarterly on school crime incidents and reports annually to the legislature in January. This information helps schools and communities assess their local needs in relation to school crime, school violence, risk behaviors of students, and school safety.

The team co-sponsored the Ninth Annual Coaches Conference on Alcohol, Other Drugs and Athletes in May, 1995. This one-day conference for coaches and athletes highlighted the harmful effects of alcohol and other drugs for attendees. The guest speakers included many professional athletes. South Carolina's colleges were also represented. This annual conference is co-sponsored by the South Carolina Department of Alcohol


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and Other Drug Abuse Services (DAODAS), the United States Drug Enforcement Administration, the Athletic Department and School of Medicine at the University of South Carolina, the South Carolina High School League, the South Carolina Association for Health, Physical Education, Recreation and Dance, and the Governor's School for Science and Mathematics. The Tenth Annual Conference is scheduled for May, 1996.

In the 1994-95 school year, 6 school districts in 6 counties were selected for development and implementation of the Student Assistance Program (SAP). This program addresses early identification, assessment, referral support and case management of alcohol and other drug-related problems for K-12 students, families, schools and communities. The Student Assistance Program helps students currently experiencing problems and those at risk for problems to succeed in school and complete their education. Each SAP included prevention activities, intervention activities, educational support groups, core teams, policy and procedure statements, peer assistance, crisis management teams, training and awareness, employee assistance programming curriculum, community mobilization and evaluation. This program is being implemented in cooperation with DAODAS with funding being provided by both agencies.

Project Drug Abuse Resistance Education (Project D.A.R.E.) was expanded in the state with two training classes of certified law enforcement officers with forty-six law enforcement agencies completing the training. The curriculum was revised and all D.A.R.E. officers were required to receive an eight hour block of instruction to teach the new curriculum. Each officer teaches a seventeen-week lesson to fifth or sixth grade students during the school year. All reports indicate that the program is very effective. Two hundred forty-eight officers received this training. During the 1995-96 year, we anticipate continued expansion with two classes scheduled.

The State also completed its second D.A.R.E. junior high curriculum training in which 15 new officers were trained to teach the 7th or 8th grade. There are 28 junior high trained D.A.R.E. Officers.


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