Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 4930, Apr. 27 | Printed Page 4950, Apr. 27 |
Printed Page 4942 . . . . . Wednesday, April 27, 1994

H. 5058--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill, which was adopted.

H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND

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ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO
Printed Page 4944 . . . . . Wednesday, April 27, 1994
AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY
Printed Page 4945 . . . . . Wednesday, April 27, 1994
SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT
Printed Page 4946 . . . . . Wednesday, April 27, 1994
CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.

H. 3491--DEBATE ADJOURNED

The following Bill was taken up.

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9108JM.94).

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

/SECTION 1. Title 8 of the 1976 Code is amended by adding:

"CHAPTER 10

Drug Testing for

Prospective State Employees

Section 8-10-10. This chapter may be cited as the South Carolina Prospective Employee Drug Testing Act.

Section 8-10-20. As used in this chapter:

(1) `Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;

Printed Page 4947 . . . . . Wednesday, April 27, 1994
(2) `Employer' means the State of South Carolina and any of its agencies and departments;

(3) `Prospective employee' means a person who has made application to an employer, whether written or oral, to become an employee;

(4) `Sample' means urine, blood, breath, saliva, or hair.

Section 8-10-30. An employer may test prospective employees for the presence of drugs, in accordance with the provisions of this chapter, when the prospective employee is offered a particular position before the final hiring selection is made. Written notice that a prospective employee may be subject to testing for the presence of drugs must be given to the prospective employee at the time of application.

Section 8-10-40. An employer may require samples from his prospective employees and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.

Section 8-10-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the prospective employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of retesting.

Section 8-10-60. All sample collection and testing for drugs under this chapter must be performed in accordance with the following conditions:

(1) The collection of samples must be performed under reasonable, dignified, and sanitary conditions.

(2) Sample collections must be documented, and documentation procedures include:

(a) labeling of samples to preclude the probability of erroneous identification of test results;

(b) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.

(3) Sample collection, storage, and transportation to the place of testing must be performed so as to preclude the probability of sample contamination or adulteration.

(4) Sample testing must comply with scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control or any federal agency for this purpose.

Printed Page 4948 . . . . . Wednesday, April 27, 1994
Testing must include verification or confirmation of positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of a test may be used as a basis for an action by an employer.

Section 8-10-70. (A) The Budget and Control Board shall establish guidelines and model policies for the testing required by this chapter for use by state agencies and departments.

(B) Testing or retesting for the presence of drugs by an employer must be carried out within the terms of a written policy which is consistent with policies and guidelines established by the Budget and Control Board and which is available for review by prospective employees.

(C) Within the terms of the written policy, an employer may require the collection and testing of samples for the purpose of determining a prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.

(D) The employer's use and disposition of all drug

test results are subject to the limitations of this chapter.

Section 8-10-80. Upon receipt of a verified or confirmed positive drug test result which indicates a violation of the employer's written policy, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.

Section 8-10-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.

Section 8-10-100. No cause of action arises in favor of a person against an employer who has established a policy and initiated a testing program in accordance with this chapter for any of the following:

(1) failure to test for drugs or failure to test for a specific drug or other substance;

(2) failure to test for, or, if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or

(3) termination or suspension of any drug or testing program or policy.

Printed Page 4949 . . . . . Wednesday, April 27, 1994
Section 8-10-110. (A) No cause of action arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.

(B) In a claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:

(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and

(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.

Section 8-10-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless:

(1) the results of that test were disclosed to a person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;

(2) the information disclosed was a false test result;

(3) the false test result was disclosed with malice; and

(4) all elements of an action for defamation of character, libel, slander, or damage to reputation, as established by statute or common law, are satisfied.

Section 8-10-130. No cause of action arises in favor of a person based upon the failure of an employer to establish a program or policy of drug testing.

Section 8-10-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter.

Section 8-10-150. Nothing in this chapter prohibits an agency or department of this State which has a drug testing program in existence on the effective date of this chapter from continuing such a program; provided, that the program is at a minimum equal to the provisions or requirements of this chapter and the guidelines and policies established by the Budget and Control Board pursuant to this chapter."

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

Amend title to conform.

| Printed Page 4930, Apr. 27 | Printed Page 4950, Apr. 27 |
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