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 2350, May 3 | Printed Page 2370, May 3 |

Printed Page 2360 . . . . . Friday, May 3, 1996

S. 389 -- Senators J. Verne Smith, Washington, Patterson and Giese: (Companion Bill H.3372) A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-9-415 so as to provide for the regulation of the retail sale of beer by the keg by means of a keg registration number, maintenance of records, and deposit and forfeiture provisions, and to provide that failure to comply is a ground for revocation or suspension of the retailer's permit.Rec'd 1st, Referred to Judiciary

S. 397 -- Senator Ryberg: A bill to amend Section 61-1-105, code of laws of South Carolina, 1976, relating to circumstances under which a partial refund is allowed of a licensed beer, wine, or alcoholic liquor license or permit fee, so as to provide a partial refund for any reason which resulted in the close of the licensed or permitted establishment during the first year of the biennial period and to provide for such refunds for biennial licenses or permits issued after June 30, 1992. Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd - general amendments, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Returned to Sen. with amendments, Enrolled for Ratification

S. 444 -- Senators Glover, Jackson, Washington, Ford and Giese: A bill to amend article 1, chapter 9, title 61, code of laws of South Carolina, 1976, by adding Section 61-9-190 so as to require a retailer to affix a metal or plastic identification tag to each beer keg that is sold, rented, or leased and record the identification number along with the purchaser's name, address, phone number, and driver's license number. Rec'd 1st, Referred to Judiciary

S. 559 -- Senator Rose: A bill to amend Title 20, Chapter 4, code of laws of South Carolina, 1976, relating to protection from domestic abuse, by enacting the "protection from post-separation family violence act"; by adding article 3 so as to create a presumption that no parent with a history of family violence may be awarded custody of a child and to provide circumstances that may overcome the presumption; to provide for supervised visitation under certain conditions; to require separation, divorce, child custody, and visitation orders to contain an injunction against the perpetrator of family violence; to require the perpetrator of family violence to pay all court and attorney fees and costs incurred for medical and psychological care necessitated by the family violence; and to designate Sections 20-4-10 through 20-4-130 as Title 20, Chapter 4,


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Article 1 named "protection from domestic violence".Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, rec'd 1st, Referred to Judiciary

S. 621 -- Senators Hayes and Waldrep: A bill to amend Section 56-5-1210, code of laws of South Carolina, 1976, relating to duties of a driver involved in an accident resulting in death or personal injury, so as to increase the penalty for a driver who leaves the scene of an accident when death or great bodily injury occurs; and to amend Section 56-5-1220, relating to duties of a driver involved in an accident resulting in damage to an attended vehicle, so as to increase the penalty for a driver who leaves the scene of an accident when an attended vehicle is damaged.Rec'd 1st, Referred to Judiciary

S. 654 -- Senator Greg Smith: A bill to amend chapter 5, title 61, code of laws of South Carolina, 1976, by adding Section 61-5-185 so as to provide that a permit authorized by Section 61-5-180 may be issued to nonprofit organizations and businesses located east of the intracoastal waterway in a county that is contiguous to a county that has annual accommodations tax collections in excess of six million dollars and has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180. Rec'd 1st, Referred to Judiciary, Recalled, Placed on Calendar without reference, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Fav. Report, Objection

S. 690 -- Senator Thomas: A bill to amend Section 22-3-540, code of laws of South Carolina, 1976, relating to a magistrate's court's exclusive and concurrent jurisdiction, so as to provide the magistrate's court concurrent jurisdiction over second and subsequent offense proceedings for driving while a person is under the unlawful influence of narcotics, liquor, drugs, or other substances, and driving while a person's driver's license is canceled, suspended, or revoked. Rec'd 1st, Referred to Judiciary

S. 701 -- Senators Hayes, Wilson, Richter and Martin: 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; 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


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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

S. 702 -- Senators Hayes, Wilson, Richter and Martin: 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

S. 796 -- Senator Land: A bill to amend Title 39, Chapter 24, code of laws of South Carolina, 1976, relating to drug product selection, by adding article 3 so as to enact the fair price act for prescription drugs, to define terms, to prescribe pricing procedures under certain circumstances, and to provide penalties; and to designate Sections 39-24-10 through 39-24-60 as Article 1 of Chapter 24, Title 39 and entitled "drug product selection" and to rename Title 39, Chapter 24 as "drug product selection and drug pricing".Rec'd 1st, Referred to Medical Affairs

HOUSE BILLS

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A bill to amend Section 56-1-515, code of laws of South Carolina, 1976, relating to the unlawful alteration or use of a motor vehicle driver's license, so as to increase the penalty for violation. Rec'd 1st, Referred to Transportation, Fav. w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Transportation

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


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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. 3112 -- Rep. Kirsh: A bill to amend Section 56-5-2950, code of laws of South Carolina, 1976, relating to the implied consent to a chemical test to determine the alcoholic content of the blood 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 which must be used in determining the guilt of persons violating the provisions of section 56-5-2930 and provide that it must be inferred that a person is under the influence of alcohol if there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood; and to provide a transition period for the reduction of the percentage. Rec'd 1st, Referred to Judiciary

H. 3115 -- Reps. Shissias, Gamble, Neilson and Baxley: A bill to amend Section 20-7-420, as amended, code of laws of South Carolina, 1976, relating to jurisdiction of the family court, so as to include the authority to order parties in a divorce action to attend the parent and child transitions program, an educational program conducted by the department of alcohol and other drug abuse services on the effects of divorce on children; and to add Section 44-49-90 so as to direct the department to develop and implement this program and to authorize the department to charge a fee for the program. Rec'd 1st, Referred to Judiciary, Fav. w/ amendments, Debate adjourned, Recommitted to Committee

H. 3150 -- Rep. Kirsh: A bill to amend Sections 56-1-745 and 56-1-746, both as amended, code of laws of South Carolina, 1976, relating to driver's license suspension due to a conviction of a controlled substance violation and underage purchase and possession of alcohol offenses, so as


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to provide that if a person is accepted into a pretrial intervention program for either offense, the person's driver's license must be suspended. Rec'd 1st, Referred to Judiciary

H. 3238 -- Judiciary Committee: A bill to amend the code of laws of South Carolina, 1976, by adding Section 24-3-435 so as to allow local governments, school districts, and charitable organizations to use inmates to perform construction, repair, and maintenance services; (ABBREVIATED), Truth and Sentencing Bill. Rec'd 1st, placed on calendar without reference, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Majority fav. with amendments, minority unfavorable

H. 3264 -- Rep. Anderson: A bill to amend section 44-53-530, as amended, code of laws of South Carolina, 1976, relating to the forfeiture procedures, the disposition of forfeited items, and the disposition of proceeds of sales of real or personal property confiscated pursuant to the seizure of controlled substances, so as to modify the distribution of proceeds from the sale of property forfeited to provide for the compensation of persons providing information leading to the forfeiture of property, and to provide funds to establish and operate substance abuse facilities. Rec'd 1st, Referred to Judiciary

H. 3292 -- Rep. Rogers: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2949 so as to provide that when a person commits reckless homicide or certain other 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, to provide that the arresting officer shall proceed with emergency protective custody pursuant to certain procedures, and to provide that a person may be convicted of child endangerment in addition to the other offenses. Rec'd 1st, Referred to Judiciary

H. 3294 -- Rep. Rogers: A bill to amend Section 16-1-60, as amended, code of laws of South Carolina, 1976, relating to the definition of "violent crime", so as to include the crime of injuring or killing a person while operating a vehicle under the influence of alcohol or drugs as provided in Section 56-5-2945 Rec'd 1st, Referred to Judiciary


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H. 3306 -- Reps. Simrill and Meacham: A bill to amend Section 56-5-6240, as amended, 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 driving under suspension and upon a second or subsequent, rather than a fourth or subsequent, violation of driving under the influence.Rec'd 1st, Referred to Judiciary, Tabled in Committee

H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: A joint resolution proposing an amendment to Section 1, article viii-a of the constitution of South Carolina, 1895, relating to powers of the general assembly pertaining to alcoholic liquors and beverages, so as to delete detailed requirements for the regulation of alcoholic liquors and beverages and authorize the general assembly to regulate their consumption.Rec'd 1st, Referred to Ways and Means, Recalled, Referred to Judiciary.

H. 3318 -- Reps. Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and Dantzler: A bill to amend Section 61-5-20, as amended, code of laws of South Carolina, 1976, relating to the transportation, possession, and consumption of alcoholic liquor, so as to delete the provisions for alcoholic liquors in sealed containers of two ounces or less and provide for alcoholic liquor by the drink; and to amend Section 61-5-130, as amended, relating to the tax on alcoholic liquors in sealed containers of two ounces or less, so as to delete the tax on the containers and related requirements and provide for a tax on each liter.Rec'd 1st, Referred to Ways and Means

H. 3355 -- Reps. Harvin and Govan: A concurrent resolution expressing appreciation to William Jerome (Jerry) McCord for his outstanding service to the state of south carolina as director of the Department of Alcohol and Other Drug Abuse Services, and extending best wishes to him in his future endeavors. Introduced, adopted, Sent to Senate, Introduced, adopted, returned with concurrence.

H. 3372 -- Reps. Fair, Stille and Moody-Lawrence: (Companion Bill S.389) A bill to amend the code of laws of south carolina, 1976, by adding section 61-9-415 so as to provide for the regulation of the retail sale of beer by the keg by means of a keg registration number, maintenance of records, and deposit and forfeiture provisions, and to


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provide that failure to comply is a ground for revocation or suspension of the retailer's permit. Rec'd 1st, Referred to H-LCI

H. 3379 -- Reps. Law, Trotter, Robinson, S. Whipper and Dantzler: A bill to amend the code of laws of South Carolina, 1976, by adding Section 46-1-160 so as to prohibit the sale of tobacco products on credit, define terms, and provide an exception and penalties.Rec'd 1st, Referred to H-LCI, Tabled in Committee

H. 3384 -- Rep. Cromer: a bill to amend section 61-3-440, as amended, code of laws of south carolina, 1976, relating to the distance from a church, school, or playground required for a place of business to be licensed to sell alcoholic liquors, so as to require a minimum five hundred feet regardless of location, to require the distance to be measured to the nearest property line of the church, school, or playground, and to exempt from the requirement renewal of licenses of establishments or locations licensed as of July 1, 1995.Rec'd 1st, Referred to H-LCI

H. 3481 -- Reps. Fair, A. Young, Easterday, Herdklotz, Simrill, Townsend, Stille, Rice, Cooper, Davenport, Tripp, Vaughn, J. Young, Mason, Cato, Fleming, Koon, Cotty and Witherspoon: A bill to amend the code of laws of South Carolina, 1976, by adding Section 16-17-750 so as to prohibit a practicing homosexual or user of illegal intravenous drugs from donating blood and to provide for penalties. Rec'd 1st, Referred to Judiciary

H. 3500 -- Reps. Limehouse, A. Young, Wofford, Hallman, Bailey, Tripp, Koon, Simrill, Kirsh, Seithel, Fulmer, Stuart, J. Harris, Rice, Cooper, Harrell, Witherspoon, Wilkes, Stille, Dantzler, Whatley, Davenport, Cato, Mason, Allison, J. Young, Fleming, Kennedy and Cotty: A bill to amend Section 56-5-6240, as amended, code of laws of South Carolina, 1976, relating to forfeiture, confiscation, and disposition of vehicles seized for conviction of driving under suspension or driving under the influence or alcohol or drugs, so as to provide for forfeiture of a vehicle upon a second or subsequent, rather than a fourth or subsequent, violation of driving with a suspended driver's license. Rec'd 1st, Referred to Judiciary

H. 3543 -- Reps. Littlejohn, Walker, Wells, D. Smith, Lanford, Davenport and Allison: A joint resolution to appropriate from fiscal year 1993-94 surplus revenues three hundred fifty thousand dollars for a


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rehabilitation facility for alcohol and drug abuse treatment located in spartanburg county. Rec'd 1st, Referred to Ways and Means

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. 3570 -- Reps. Knotts, Wright, Davenport, Bailey and Riser: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-3-435 so as to make an alcoholic beverage retail dealer's license transferable to another holder by sale or will or operation of law and prescribe the terms and conditions under which this transfer may occur; to authorize a retail license to be moved to a new location and to provide the terms and conditions under which this move may occur; to amend Section 12-33-210, as amended, relating to alcoholic beverage license taxes, so as to increase the license tax on the biennial retail dealer's license from one thousand two hundred dollars to two thousand four hundred dollars; to amend Section 61-3-480, as amended, relating to the authority of the department of revenue and taxation to limit the number of alcoholic beverage retail outlets in a political subdivision, so as to provide a maximum number of retail dealer's licenses allowed in a county based on population, allow current licenses to be renewed regardless of the limit, and allow a license in a municipality with no location regardless of the limitation, and provide for the issuing of retail licenses by lot when the number of applicants exceed the number of licenses available.Rec'd 1st, Referred to H-LCI

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,


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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 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. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A joint resolution to create a study committee to examine state law relating to the requirements for the transportation, possession, and consumption of alcoholic liquors in minibottles and to examine amendments to state law pertaining to alcoholic liquor by the drink.Rec'd 1st, Referred Judiciary,

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. 3669 -- Reps. Neilson, Mason, Lloyd, Littlejohn, Cotty, Jaskwhich, Simrill, Hutson, Stuart, Tripp, Herdklotz, Vaughn, McMahand, Fair, Robinson, Davenport, Easterday, Marchbanks, Rice and Cato: A bill to amend Section 56-5-2940, as amended, code of laws of south carolina,


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1976, relating to the penalties for a person who drives while under the influence of alcohol, drugs, narcotics, or similar substances, so as to make a second offense or subsequent offense a felony.Rec'd 1st, Referred to Judiciary

H. 3670 -- Reps. Neilson, Cobb-Hunter, Hines, Wilder, Rice, Easterday, Hutson, Tripp, Littlejohn, Herdklotz, Vaughn, Robinson, Davenport, Fair, Cato, Marchbanks and Stuart: 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 eight one-hundredths of one percent or more by weight of alcohol in the person's blood.Rec'd 1st, Referred to Judiciary

H. 3683 -- Reps. Seithel, Cain, G. Brown, Herdklotz, J. Young, Haskins, Simrill, Hallman, Keegan, Sandifer, Jaskwhich, Harrell, Vaughn, Moody-Lawrence, Trotter, Rice, Phillips, Whatley, Easterday, Wells, Marchbanks, Davenport, S. Whipper and Harvin: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-5-35 so as to prohibit drinking games in establishments which sell alcoholic liquors for consumption on the premises, to provide penalties, and to define "drinking games" and "alcoholic liquors".Rec'd 1st, Referred to Judiciary

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A bill to amend Section 56-1-460, as amended, code of laws of South Carolina, 1976, relating to the penalties associated with a person driving while his license is canceled, suspended, or revoked, so as to revise the penalty.Rec'd 1st, Referred to Judiciary

H. 3737 -- Rep. Rogers: A bill to amend the code of laws of South Carolina, 1976, by adding Article 10 to Chapter 3, Title 23 so as to enact the South Carolina contraband forfeiture act of 1995, which declares as contraband and makes subject to forfeiture personal property used or


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