SENATE JOURNAL for Jan. 29, 1993 - South Carolina Legislature Online

South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Friday, January 29, 1993

(Local Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.

REPORT RECEIVED

By prior motion of Senator J. VERNE SMITH, the following report was ordered printed in the Journal of Friday, January 29, 1993:

REPORT OF THE

JOINT LEGISLATIVE COMMITTEE

TO STUDY THE PROBLEMS OF

ALCOHOL AND DRUG ABUSE

1991 - 1992

JANUARY 1993

To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina and the Honorable Presiding Officers and members of the General Assembly.

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

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

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

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

Approved and Respectfully Submitted.

SENATE MEMBERS:
/s/Senator J. Verne Smith, Chm.
/s/Senator Nikki G. Setzler
/s/Senator Kay Patterson
/s/Senator McKinley Washington, Jr.

HOUSE MEMBERS:
/s/Representative Michael L. Fair
/s/Representative Jarvis R. Klapman
/s/Representative C. D. Chamblee
Representative Levola S. Taylor

GOVERNOR'S APPOINTEES:
/s/Mrs. Leslie Harrison
/s/Dr. Gael Caution

JOINT LEGISLATIVE COMMITTEE TO STUDY

THE PROBLEMS OF ALCOHOL AND DRUG ABUSE

The 1991-92 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 1991-92 the Committee emphasis has focused on a number of major alcohol and drug related issues and proposals.

At the Annual Meeting the Committee heard presentations by representatives of various state divisions and state and community leaders on alcohol and drug abuse issues and proposals including mandatory suspension of professional licenses for illegal substance convictions, elevation of reckless homicide sanction from 5 to 10 years, classification of rolling papers as drug paraphernalia, minor children in automobiles with adults who are driving under the influence, and mandatory alcohol and drug education with driver's education.
Members were instrumental in the passage of major legislative proposals as follows:

S. 410 (Senator Saleeby) A bill to amend Section 9-1-10, relating to definitions for the purposes of the SC Retirement System, so as to include in the definition of "employee" an employee of an agency authorized to receive funds as an alcohol and Drug Abuse Planning Agency... Referred to Finance, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Ways and Means, Recalled, Rec'd 2nd, Rec'd 3rd, Enrolled, (R239), Signed by Governor 6-12-91, Act 162

S. 610 (Senators Rose, McGill, Reese and Thomas) A bill to amend Section 44-53-520, relating to forfeiture of property obtained through or used for transactions involving illegal controlled substances, so as to provide for public disclosure of property seized and to prohibit law enforcement officers from using forfeited property for personal purposes. Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Judiciary, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Returned to Senate w/ amendments, Senate concurred, Enrolled, (R373), Signed by Governor 5-4-92, Act 333

S. 852 (Senator Drummond) A bill to amend by adding Section 61-9-170 so as to authorize the holder of a retail permit to sell beer and wine to transfer beer and wine to other businesses, to require the transferee businesses to hold a retail beer and wine permit issued to the same individual, partnership, or corporation as the license of the transferor business, to require transfer of beers to conform to territorial restrictions, to make it unlawful to transfer beer or wine except as provided in this section, to make it unlawful for a retailer to purchase beer of wine from another retailer for resale, and to provide a penalty. Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Labor, Commerce & Industry, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R475), Signed 6-2-92, Act 409

S. 1097 (Senator Saleeby) A bill to amend Section 1-11-142, relating to health and dental insurance coverage for counties under the state health insurance plan, so as to authorize coverage for Alcohol and Drug Abuse Planning Agencies Referred to Finance, Favorable report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Ways & Means, Recalled, Amended, Rec'd 2nd, Rec'd 3rd, Returned to Senate w/amendments, Senate Concurred, Enrolled, (R417), Signed by Governor 5-19-92, Act 364

S. 1102 SEE 4106 (Senators Bryan, Peeler, Fielding & Hinds) A bill to amend Section 44-17-630, relating to the right of a patient who has been judicially committed to the State Department of Mental Health to be reexamined, so as to provide that notice of this right must be provided every six months instead of annually and to provide that a hearing on a petition for reexamination is not required to be held if less than three months have elapsed since a previous hearing of a petition for reexamination. Referred to Medical Affairs, Favorable report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M, Recalled, Rec'd 2nd, Rec'd 3rd, Enrolled, (R362), Signed by Governor 4-13-92, Act 323

S. 1105 SEE 4107 (Senators Bryan, Peeler, Fielding & Hinds) A bill to amend Section 44-22-70, relating to treatment and discharge plans for an involuntary patient of the State Department of Mental Health, so as to require discharge planning must begin within seventy-two hours of admission, to provide for the contents of the plan, input from the patient, and the involvement of certain treatment individuals in developing the plan. Referred to Medical Affairs, Favorable report, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M, Recalled, Rec'd 2nd, Rec'd 3rd, Enrolled, (R363), Signed by Governor 4-13-92, Act 324

S. 1116 SEE 4099 (Senators Bryan, Peeler, Fielding & Hinds) A bill to amend Section 44-22-10 relating to definitions under the rights of mental health patients, so as to revise these definitions... Referred to Medical Affairs, Recalled, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M, Favorable Report, Rec'd 2nd, 3rd, Enrolled, (R295), Signed by Governor 3-10-92, Act 279

S. 1450 SEE 4713 (Senator Holland) A bill to amend Section 17-22-30, relating to pretrial intervention programs established by the circuit solicitors, so as to provide that the South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for these programs...; to amend Section 17-22-120, relating to alcohol and drug abuse services for offenders in an intervention program, so as to provide that no services may be denied due to an offender;s inability to pay... Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Amended, Rec'd 3rd, Sent to House, Referred to Judiciary, Favorable w/amendment, Amended, Rec'd 2nd, Rec'd 3rd, Returned w/amendments, Senate Concurred, Enrolled, (R545), Signed by Governor 6-30-92, Act 453

S. 1538 (Senators Russell, Reese & Courtney) A concurrent resolution to commend Dr. Harold W. Moody of Spartanburg for his distinguished service as a member and as chairman of the South Carolina Commission on Alcohol and Drug Abuse upon his retirement from the Commission. Introduced, Adopted and Sent to the House, House agreed and sent to Senate with concurrence.

H. 3026 SEE H.3138 & S. 585 (Representative Gentry) A bill to amend by adding Sections 50-21-112, 50-21-114, and 50-21-116 so as to establish the offense of boating under the influence of alcohol or drugs and provide a schedule of blood alcohol content that gives rise to presumptions and inferences of operating a watercraft under the influence... Referred to Judiciary, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Rec'd 2nd, Objection by Senator Land, Rec'd 3rd, Returned to House, House refused to concur, Senate Conference Committee Members Appointed - Land, Passailaigue and Patterson, House Conference Committee Members Appointed - Gentry, Nettles, Harrison, Senate Adopted Conference Report, House Adopted Conference Report, Enrolled, (R208), Signed by Governor, 6-12-91, Act 138

H. 3048 (Representative Keyserling) A bill to amend Section 56-7-10, relating to the uniform traffic ticket, so as to provide that the uniform traffic ticket must be used for violations of county or municipal ordinances. Referred to Judiciary, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Transportation, Favorable Report, Rec'd 2nd, Referred to Judiciary, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Returned to House w/ amendment, House Concurred, Enrolled (R368), Signed by Governor (4-10-92), Act 328

H. 3073 SEE S.370 (Representatives P. Harris, Carnell, J. Harris & Mattos) A bill to amend by adding Chapter 22 to Title 44 so as to provide for the rights of mental health patients; and to repeal numerous Sections relating to the same Referred to 3M, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Medical Affairs, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, Recalled from Leg Council, Amended, Rec'd 3rd, Sent to House, House Concurred in amendments, Re-enrolled, (R193), Signed by Governor 6-5-91, Act 127 H. 3296 (Representatives Tucker, Huff, Smith, Clyborne and Wilkins) A bill to amend Section 44-53-480, relating to the enforcement of laws pertaining to illicit traffic in controlled and counterfeit substances, so as to provide for uniform procedures for forfeited substances and property to be used by law enforcement officers of the state and its political subdivisions. Referred to Judiciary, Favorable w/amendments, Recommitted to Committee, Favorable w/ amendments, Amended and Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R448), Signed by Governor 5-15-92, Act 387

H. 3400 (Representative Wilkins & others) A bill to amend Section 16-1-10, relating to felonies, as to provide a classification system, etc. Referred to Judiciary, Favorable w/amendments, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable w/amendment, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House w/amendments, House concurred, Enrolled, (R581)

H. 3425 (Representative Baxley) A bill to allow a person sentenced to a term of imprisonment and incarcerated in a county prison or jail to be released to a prisoner rehabilitation program approved by the governing body of the county, to authorize a county governing body to contract with a nongovernmental organization, association, corporation, partnership, or group which has as its chief purpose the rehabilitation of prisoners, to provide for the return of released prisoners to the county prison or jail under certain circumstances and for the exchange of prisoners, to provide for a reduction of sentence or for release of a prisoner into society at large upon successful completion of the rehabilitation program, and to provide for the liability of the prisoner rehabilitation program while a prisoner is in its custody and care. Referred to 3M, Favorable w/amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Corrections and Penology, Favorable w/amendment, Amended, Rec'd 2nd, Rec'd 3rd, Returned to House w/amendments, House Concurred, Enrolled, (R483), Vetoed by Governor, House Sustained Veto

H. 3513 (Representative Keegan and others) A bill to amend Sections 61-5-60 and 61-9-410, relating to the grounds for suspension or revocation or nonrenewal of a license to sell alcoholic liquors and the acts which are prohibited on premises licensed to sell beer and wine, so as to prohibit bottomless entertainment at premises licensed to sell alcoholic beverages and beer and wine Referred to Labor, Commerce and Industry, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Recalled, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, House Concurred in Amendments, Enrolled, (R243), Signed by Governor 6-12-91, Act 166

H. 3550 (Representatives Cromer & Manly) An act to amend Section 56-1-745, relating to conviction of controlled substance violations, suspension of driver's license, special restricted driver's license and fees, and insurance penalty under the merit rating plan, and Section 56-1-746, relating to driver's license suspension for offenses relating to possession, sale and consumption of beer, wine and alcoholic liquors or for unlawful use of alternation of a driver's license so as to add enrollment in a college or university as a basis for applying for a special restricted driver's license... Referred to Judiciary, Favorable w/amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Transportation, Favorable Report, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, Senate Amendments amended, Senate non-concurred, House insisted on amendments, Conference Committee Appointed, House & Senate granted Free Conference Powers, Free Conference Report Adopted, Enrolled, (R494), Signed by Governor 6-30-92, Act 421

H. 3633 SEE 777 (Representative Gregory) A bill to amend Section 61-3-1020, relating to business prohibited in retail alcoholic liquor stores, so as to except the storage and sale of glassware and mixers packaged with alcoholic liquors provided by the manufacturer. Referred to Labor, Commerce and Industry, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R82), Signed by Governor (4-23-91), Act 39

H. 3748 (Representative Sharpe & others) A bill to amend by adding Section 61-9-617 so as to authorize permitted domestic wineries to sell their wine at retail and deliver. Referred to Labor, Commerce and Industry, Favorable w/ amendments, Rec'd 2nd, Rec' 3rd, Sent to Senate, Referred to Labor, Commerce and Industry, Favorable Report, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, House Concurred in Amendments, Enrolled, (R228) Signed by Governor 6-12-91, Act 157

H. 4108 SEE 1117 (Representative P. Harris) A bill to amend Section 44-17-410, relating to emergency commitment procedures for mental illness, so as to provide that if a person who is committed is found not to be mentally ill but chemically dependent and if procedures for emergency admission for chemical dependence have been initiated, then the person must not be discharged but must be transferred to an appropriate facility... Referred to 3M, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Medical Affairs, Favorable report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R327), Signed by Governor 3-26-92, Act 296

H. 4200 SEE 1198 (Representative Altman) A bill to amend Section 56-1-745, relating to suspension of driver's license for conviction of a controlled substance violation, so as to provide that if convicted of an offense mandating suspension of license while holding a special restricted driver's license then the special restricted license is revoked and the remaining time for suspension under this section is imposed. Referred to Education and Public Works, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Transportation, Favorable Report, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, House Concurred, Enrolled, (R609)

H. 4291 (Representative A. Young, Fair and others) A bill to amend Section 61-3-490, relating to notice of intention to apply for an alcoholic liquor license, Section 61-5-50, relating to the granting of a license, and Section 61-9-320, relating to the qualifications for a beer or wine permit, so as to revise the notice requirements for licenses and permits to make them consistent and provide for publication of notice in a local newspaper published in the area. Referred to Labor, Commerce and Industry, Favorable with amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, Senate Amendments Amended, Senate Refused to concur, Returned to House, House receded from amendments, Enrolled, (R625), Signed by Governor 6-30-92, Act 495

H. 4311 SEE 1249 (Representatives Clyborne, Chamblee, Fair, & others) A bill to amend Section 56-5-6240, relating to forfeiture, confiscation and sale of certain motor vehicles so as to permit the arresting officer to release the motor vehicle to the Sheriff of Chief of Police of the jurisdiction where the motor vehicle was seized instead of the head of the officer's law enforcement agency. Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Committee Poll Favorable, Rec'd 2nd, Rec'd 3rd, Enrolled, (R566) Signed by Governor 6-15-92, Act 465

H. 4367 (Representative McLeod) A bill to amend Section 61-3-1000, relating to structural and other requirements for retail liquor stores, so as to delete requirements relating to entrances and exits, sign material, size and content; and to repeal Section 61-3-1010, relating to requirement for the display of prices and stock in retail liquor stores. Referred to Labor, Commerce & Industry, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable w/amendment, Amended, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, Senate Amendments Amended, Senate concurred, Enrolled, (R626), Signed by Governor 7-1-92, Act 496

H. 4508 (Rep. Carnell) A bill to amend by adding Section 61-1-110 so as to require ABC to accept checks for payments of fees and penalties for a dishonored check. Without reference, placed on the Calendar, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Favorable Report, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, Senate amendments amended and returned to Senate, Senate Concurred, Enrolled, (R635) Signed by Governor 6-29-92, Act 500

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.

In October of 1991, Charmy Reese, Committee staff, participated in a Legislative Network Retreat to discuss pending alcohol and drug 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 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 Committee anticipates Committee meetings during the interim to hear issues and proposals prior to the 1993 Legislative Session.

The following is a Legislative Status Report of bills introduced during the 1991-92 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted is no longer considered pending.

S. 17 (Senators Passailaigue & Rose) A bill to amend by adding Article 25 in Chapter 21 of Title 12, relating to stamp and business license taxes, so as to enact "The Marijuana and Controlled Substance Tax Act of 1991" and to provide a penalty. Referred to Finance

S. 30 (Senator Rose) A bill to amend Title 40, relating to professions and occupations, by adding Chapter 2 so as to enact the S.C. Mandatory Suspension of Professional Licenses Act which requires the suspension for a period of two years of any license issued to a person convicted of a drug or controlled substances offense, and makes persons not holding these licenses ineligible for them for a period of two years if convicted of a drug or controlled substance offense. Referred to Labor, Commerce and Industry

S. 56 (Senator Rose) A bill to amend by adding Section 16-23-495 so as to provide that a person convicted of a drug offense who had a firearm within his control during the commission of the offense shall have an additional penalty. Referred to Judiciary

S. 60 (Senator Rose) A bill to amend by adding Sections 44-53-397 and 44-53-399 so as to provide for an additional penalty for a violation relating to controlled substances. Referred to Medical Affairs

S. 61 SEE 3880 (Senator Rose) A bill to amend Chapter 53, Title 44, relating to poisons, drugs, and other controlled substances, by adding Article 15 so as to enact the "Drug-Free Schools Act"... Referred to Education

S. 66 SEE H.3402 & H. 3528 (Senator Rose) A bill to amend by adding Section 61-9-150 so as to make it unlawful to sell beer or wine displayed in a container of ice located within twenty feet of a cash register or an entrance or exit of a building and to provide penalties for violations. Referred to Judiciary

S. 75 (Senators Rose, Giese & Wilson) A bill to amend Title 44, relating to health, by adding Chapter 60, so as to enact the S.C. Drug Impaired Infants Act which provides procedures for the drug testing of a newborn child under certain conditions, and provides that a newborn child testing positive for these substances under these conditions is considered neglected for purposes of Family Court jurisdiction. Referred to Medical Affairs

S.79 SEE 3858 (Senator Rose) A bill to amend by adding Section 44-53-60 so as to provide for the reporting of prenatal exposure to controlled substances. Referred to Medical Affairs

S. 82 (Senator Rose) A bill to amend Act 1377, as amended, relating to the issuance of Capital Improvement Bonds, so as to authorize the issuance of additional bonds for the purpose of constructing a correctional institution for persons convicted of violating laws pertaining to narcotics, drugs, and other controlled substances. Referred to Finance

S. 125 (Senator McConnell) A bill to amend Section 17-15-10, 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. Referred to Judiciary

S. 152 (Senator Martschink) A bill to amend Section 16-3-20, as amended, relating to punishment for murder, so as to provide an additional aggravating circumstance. Referred to Judiciary

S. 155 (Senators Martschink & Wilson) A bill to amend by adding Section 56-5-70 so as to provide for the issuance 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. Referred to Transportation

S. 163 SEE S.235 (Senator McConnell) A Joint Resolution proposing an amendment to Section 15, Article 1 of the Constitution of S.C., relating to bail, cruel, unusual and corporal punishment, and detention of witnesses, so as to provide for the offenses for which and the circumstances under which bail may be denied. Referred to Judiciary

S. 235 SEE S.163 (Senators Lourie & Wilson) A Joint Resolution proposing an amendment to Section 15, Article 1 of the Constitution of S.C., relating to bail, cruel, unusual and corporal punishment, and detention of witnesses, so as to provide for the offenses for which and the circumstances under which bail may be denied. Referred to Judiciary

S. 267 (Senator Mullinax) A bill to amend by adding Section 56-1-462 so as to provide for the issuance of a provisional driver's license for a person convicted of driving when his license is suspended and to exclude a person whose license is suspended pursuant to a conviction for driving under the influence of alcohol or drugs Referred to Transportation

S. 292 (Senator Rose) A bill to amend Title 8 relating to public offices and employees by adding Chapter 16 so as to provide for the South Carolina Workplace Drug testing Act. Referred to Judiciary

S. 352 (Senators Giese & Rose) A bill to amend Section 56-1-746, 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 must 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 Highways and Public Transportation. Referred to Transportation

S. 354 SEE H.3036 (Senators Giese & Rose) A bill to amend Section 17-22-50 relating to persons not to be considered for the Pretrial Intervention Program, so as to exclude persons from the program who are charged with certain driver's license and alcohol-related offenses. Referred to Judiciary

S. 370 Companion Bill Passed SEE H.3073 (Senators Bryan, Peeler, Hayes, Fielding & Rose) A bill to amend by adding Chapter 22 to Title 44 so as to provide for the rights of mental health patients; and to repeal numerous Sections relating to the same Referred to Medical Affairs

S. 461 (Senators Martschink, Courson, Matthews, Pope, Rose, J. Verne Smith & Washington) A bill to amend by adding Section 56-7-60 so as to prohibit an elected or appointed official of a state agency from using his position to cancel, revoke, or influence the result of any proceeding regarding the result in any proceeding regarding the issuance of a traffic ticket under Section 56-7-10. Referred to Transportation

S. 539 (Senator Rose) A bill to amend Chapter 13, Title 61 relating to alcohol and alcoholic beverages, by adding article 5 so as to prohibit the advertising and marketing of alcoholic beverages to minors; and to amend Section 16-17-500, relating to supplying tobacco to minors, so as to also prohibit the advertising and marketing of tobacco to minors. Referred to Judiciary

S. 585 Companion bill passed SEE H.3026 (Senator J. Verne Smith, Hayes, Lourie, Wilson and Rose) A bill to amend by adding Sections 50-21-112, 50-21-114, and 50-21-116 so as to establish the offense of boating under the influence of alcohol or drugs and provide a schedule of blood alcohol content that gives rise to presumptions and inferences of operating a watercraft under the influence... Referred to Judiciary

S. 614 (Senator Shealy) A bill to amend Sections 56-1-745 and 56-1-746 relating to the suspension of the driver's licenses of persons at least thirteen years of age and under eighteen years of age for conviction of certain offenses so as to provide that in addition to employed persons, a special restricted driver's license may be also issued to students enrolled in a secondary or technical school, or an institution of higher learning of this state under certain conditions. Referred to Transportation

S. 652 SEE 3578 (Senator Lourie) A bill to amend Section 23-31-140, relating to the purchasing or a pistol so as to provide for the purchasing of a pistol after making application to SLED and to provide for the approval of such applications and to amend Section 16-23-490 relating to the additional penalty for the possession of a firearm during the commission of certain crimes, so as to provide that a person convicted of committing or attempting to commit a violent crime while in the possession of a firearm or who displays a firearm or knife must receive an additional five year mandatory term of imprisonment to be served consecutively Referred to Judiciary, Favorable w/ amendment (new title)

S. 777 Companion bill passed SEE 3633 (Senator Fielding) A bill to amend Section 61-3-1020, relating to business prohibited in retail alcoholic liquor stores, so as to except the storage and sale of packages containing alcoholic liquors and glassware or mixers, or both, provided by the manufacturer. Referred to Judiciary

S. 876 (Senator Peeler) A bill to amend Section 44-53-110, as amended relating to Narcotics and Controlled Substances and definitions so as to add new definitions; to amend Section 44-53-160, relating to the manner in which changes in the schedule of controlled substances must be made to as to delete provisions, add provisions ... Referred to Judiciary

S. 946 See 3843 (Senators J. Verne Smith, McConnell & Saleeby) A bill to amend Title 61, relating to alcohol and alcoholic beverages, so as to change the references to alcoholic beverages to regulated beverages, revise definitions and requirements pertaining to the ABC Commission, the Alcoholic Beverage Control Act, license and permits, the transportation, possession, consumption, sale manufacture and importation of regulated beverages, offenses, and penalties and delete obsolete language; and to repeal Article 11, Chapter 21, Title 12, relating to producers and wholesalers of beer and wine. Referred to Judiciary

S. 986 (Senator Shealy) A bill to amend by adding Section 20-7-570 so as to require a toxicology test on a newborn believed to be exposed to a controlled substance, to require reporting of a positive test result to DSS, to establish a positive test as prima facie evidence of abuse, to require DSS to petition for relief in accordance with this section, to require the court upon certain findings to order reversible sterilization or surgical implantation of a birth control device, to provide conditions under which this procedure may be reversed or device removed and to provide civil and criminal immunity under certain conditions. Referred to Judiciary

S. 1025 SEE 3841 (Senators J. Verne Smith, Thomas, Leatherman, Wilson and McGill) A bill to amend Section 56-5-2950, relating to implied consent to tests of breath, blood or urine to determine presence of alcohol or drugs, so as to change references to breathalyzer to breath analysis, to increase the drivers license suspension or denial form 90 to 120 days for a person who refuses to submit to tests, to provide that if a person submits to a test and the results indicate he has more than the lawful amount of alcohol or drugs in his system the suspension is 90 days, to provide for the immediate confiscation of the driver's license or permit of a person who refuses or who tests as having more than a lawful amount of alcohol or drugs in his system ... Referred to Judiciary

S. 1117 Companion Bill Passed SEE 4108 (Senators Bryan, Peeler, Fielding & Hinds) A bill to amend Section 44-17-410, relating to emergency commitment procedures for mental illness, so as to provide that if a person who is committed is found not to be mentally ill but chemically dependent and if procedures for emergency admission for chemical dependence have been initiated, then the person must not be discharged but must be transferred to an appropriate facility... Referred to Medical Affairs

S. 1157 SEE 4109 (Senator Reese) A bill to amend by adding Section 38-3-65, so as to allow the Chief Insurance Commissioner to suspend the driver's license of a driver, for a period not to exceed thirty days, under certain conditions and circumstances; ...to amend by adding Section 56-1-467 so as to provide that in addition to all other penalties provided by a law a person may have his license to drive suspended for six months if he is convicted of, or pleads nolo contendere to, five traffic offenses in a one-year period or is convicted of, or pleads nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period... Referred to Banking & Insurance

S. 1164 (Senator Hayes) A bill to amend by adding Article 7 to Chapter 13, Title 61, so as to provide relief for damages against licensees and permittees to sell regulated beverages when an injury results from the operation of a motor vehicle by setting forth definitions, circumstances under which claims are established, the amount of relief authorized, and requirements for financial responsibility. Referred to Judiciary

S. 1191 (Senator Reese) A bill to amend by adding Section 1-11-146 so as to require certain benefits under the state health plan for mental, nervous, drug or alcoholism related disorders. Referred to Finance

S. 1198 Companion Bill Passed SEE 4200 (Senator Bryan) A bill to amend Section 56-1-745 relating to suspension of driver's license for conviction of a controlled substance violation, so as to provide that if convicted of an offense mandating suspension of license while holding a special restricted driver's license then the special restricted license is revoked and the remaining time for suspension under this section is imposed. Referred to Transportation

S. 1219 (Senator Thomas) A bill to amend by adding Article 24 to Chapter 5, Title 56 so as to provide for the requirement of a motor vehicle ignition interlock device upon a second offense conviction of driving under the influence of alcohol or drugs by setting forth definitions, requirements, and penalties; to amend Sections 56-1-30, 56-1-40, 56-1-50 and 56-1-180, relating to the issuance of driver's licenses, beginners permits and special restricted licenses so as to increase the age requirements one year; to amend Section 56-5-6240, relating to the forfeiture, confiscation, and sale of motor vehicles of persons convicted of certain offenses...to amend Section 59-39-310, relating to driver education and training programs established by school districts, so as to require the districts to include persons at least sixteen years of age...and require persons under eighteen years of age to complete the program before receiving a driver's license. Referred to Transportation

S. 1249 Companion Bill Passed SEE 4311 (Senators Williams and Holland) A bill to amend Section 44-53-530, relating to drug forfeiture procedures, disposition of forfeited items, and disposition of sales of forfeited items, so as to make permanent the temporary disposition provisions of Act 604 of 1990, including the distribution of twenty percent of forfeited property to prosecution agencies. Referred to Judiciary

S. 1256 (Senator Rose) A bill to amend by adding Chapter 54 to Title 44 so as to enact the "Assessment of and Intervention in the Perinatal Effects of Alcohol, Controlled Substances, and Cigarettes Act" ... Referred to Medical Affairs

S. 1325 (Senator Hayes) A bill to amend section 16-1-60, relating to definition of "violent crime" to include injuring or killing a person while operating a vehicle under the influence of alcohol or drugs. Referred to Judiciary

S. 1372 (Senator J.V. Smith) A bill to amend section 16-1-60, and certain sections in Title 44 - technical amendments to drug trafficking and cocaine section. Referred to Judiciary.

S. 1373 (Senator Drummond) A bill to amend section 61-9-315, relating to prohibited activities by beer manufacturers, brewers, importers, wholesalers, and retailers. Referred to Judiciary

S. 1413 SEE 4517 (Senator Nell Smith) A bill to amend by adding Section 56-5-2947 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 child endangerment... Referred to Judiciary

House

H. 3006 (Representative Kirsh) A bill to amend Section 12-21-620, relating to tax rates on tobacco products, so as to impose a tax on cigarette-rolling paper. Referred to Ways and Means

H. 3014 SEE 4163 (Representative Kirsh) A Bill to amend Section 56-5-2950, 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 to provide a transition period for the reduction of the percentage. Referred to Judiciary

H. 3036 SEE S.352 (Representative Kirsh) A bill to amend Section 17-22-50, relating to persons not to be considered for the Pretrial Intervention Program, so as to exclude persons from the program who are charged with certain driver's license and alcohol-related offenses. Referred to Judiciary, Favorable w/ amendments, Recommitted to Judiciary

H. 3103 (Representative Waldrop) A bill to amend Section 16-3-20, relating to the punishment for murder, so as to provide for additional aggravating circumstances. Referred to Judiciary

H. 3115 (Representative Wilkins) A bill to amend, by adding Chapter 14 to Title 17 relating to the procedures and circumstances to obtain a court order for nontestimonial identification items from suspects, contents of the orders, and procedural safeguard for the suspect. Referred to Judiciary

H. 3129 (Representatives Wilkins, Hayes, Haskins and Huff) A bill to amend Section 44-53-476 so as to provide for felonies pertaining to leading a narcotics trafficking network and to provide penalties for violations; to amend Section 16-3-20, relating to the punishment for murder, to add leading a narcotics trafficking network to the list of crimes which are aggravating circumstances when a murder is committed during the commission of that crime; and to amend Section 16-1-10, relating to crimes classified as felonies, to include the offenses provided for in this act... Referred to Judiciary

H. 3137 (Representative Clyborne) A bill to amend Section 44-53-375 relating to penalties for ice, crank, or crack cocaine violations, so as to provide penalties for the possession or attempted possession of one gram or more of ice, crank, or crack cocaine. Referred to Judiciary

H. 3262 (Representatives Hayes, Fair and Kirsh) A bill to amend by adding Section 56-5-2952 so as to make it unlawful for persons under the age of twenty-one to operate a motor vehicle with a blood alcohol content of two one-hundredths of one percent or greater... Referred to Judiciary

H. 3310 (Representative Rama) A bill to amend by adding Section 56-1-55 so as to require applicants for a driver's license to complete a course on safe driving and alcohol and drug abuse education; and to amend by adding Section 59-29-51 so as to require as a part of high school curriculum a course in motor vehicle operation and highway safety. Referred to Education and Public Works, Recalled, Referred to Ways and Means

H. 3456 (Representative Rudnick) A bill to amend Section 56-1-365 relating to the procedure for the surrender of a drivers license upon conviction of offenses which require as part of the punishment to be imposed the revocation or suspension of the drivers license, so as to extend the time within which a magistrate or clerk of court has to forward the drivers license and related material to the Department of Highways and Public Transportation. Referred to Judiciary

H. 3472 (Representative Hayes) A bill to amend Section 44-53-520 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 Referred to Judiciary

H. 3489 SEE 3515 (Representative Neilson & others) A bill to amend Title 8 relating to public offices and employees by adding Chapter 14 so as to establish uniform standards for pre-employment and employment drug testing of state employees, to require this drug testing under certain conditions, and to provide for the confidentiality, reliability, and fairness of this drug testing. Referred to Labor Commerce and Industry

H. 3505 (Representatives Wilkins and Cato) A bill to amend Section 61-13-287, relating to transfer or gift of beer, wine or alcoholic liquor to a minor prohibited, so as to prohibit a parent or guardian from allowing or permitting the consumption of these beverages by a minor in his home and to provide exceptions. Referred to Judiciary

H. 3515 (Representative Neilson and others) A bill to amend Title 8, relating to public offices and employees by adding Chapter 10 so as to authorize certain drug and alcohol testing of prospective state employees. Referred to Labor, Commerce and Industry, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary

H. 3546 (Representative Hayes) A bill to amend Section 56-5-2950, relating to chemical tests of breath, blood, and urine to determine the presence of alcohol or drugs in the operator of a motor vehicle, so as to provide that a person operating a motor vehicle involved in an accident resulting in a death must have a test provided by this section administered to him. Referred to Judiciary

H. 3578 SEE 652 (Representatives Rudnick, Quinn, Jaskwhich, Manly Wells, J. Brown & Baxley) A bill to amend Section 16-23-490, relating to additional punishment for possessing a firearm or knife during the commission of a violent crime, so as to increase the penalty for violation Referred to Judiciary

H. 3617 (Representatives Hayes, Fair and others) A bill to amend by adding Section 12-21-1025 so as to impose an additional license tax on beer equal to forty-two hundredths cents an ounce and on wine equal to sixty-three hundredths cents an ounce and to dedicate a portion of the revenue from the tax for alcohol and drug abuse programs and enforcement. Referred to Ways and Means

H. 3635 (Representative Rama and Others) A bill to amend Section 44-53-370 as amended relating to offenses for trafficking in controlled substances, so as to make it unlawful to traffic in lysergic acid diethylamide (LSD) and to provide penalties. Referred to Judiciary

H. 3644 (Representative Waites and Others) A bill to amend by adding Section 61-1-100 so as to require notification to local law enforcement authorities and the local legislative delegation upon a license application or renewal to the ABC Commission. Referred to Labor, Commerce and Industry, Favorable w/ amendments, Recommitted

H. 3753 (Representative Altman) A bill to amend Section 56-1-40 relating to persons who shall not be licensed, so as to add persons whose driving privilege is subject to be suspended. Referred to Education and Public Works, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Transportation

H. 3787 (Representative J. Bailey & others) A bill to amend Act 452 of 1973, as amended, relating to the Charleston County Substance Abuse Commission, so as to provide that members are appointed upon recommendation of the county council rather that recommendation of the county delegation. Referred to the Charleston Delegation, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, On Calendar without reference, Object by Senator Fielding, Rec'd 2nd, Rec'd 3rd, Returned to House w/amendments, House refused to concur

H. 3841 SEE 1025 (Representative Beasley, Hayes, Fair & others) A bill to amend Section 56-5-2950, relating to implied consent to tests of breath, blood or urine to determine presence of alcohol or drugs, so as to change references to breathalyzer to breath analysis, to increase the drivers license suspension or denial form 90 to 120 days for a person who refuses to submit to tests, to provide that if a person submits to a test and the results indicate he has more than the lawful amount of alcohol or drugs in his system the suspension is 90 days, to provide for the immediate confiscation of the driver's license or permit of a person who refuses or who tests as having more than a lawful amount of alcohol or drugs in his system ... Referred to Judiciary

H. 3843 SEE 946 (Representatives L. Martin, Hayes, Fair & others) A bill to amend Title 61, relating to alcohol and alcoholic beverages, so as to change the references to alcoholic beverages to regulated beverages, revise definitions and requirements pertaining to the ABC Commission, the Alcoholic Beverage Control Act, license and permits, the transportation, possession, consumption, sale manufacture and importation of regulated beverages, offenses, and penalties and delete obsolete language; and to repeal Article 11, Chapter 21, Title 12, relating to producers and wholesalers of beer and wine. Referred to Labor, Commerce and Industry, Favorable w/amendment, Recommitted

H. 3858 SEE 79 (Representative R. Young & others) A bill to amend Article 7, Chapter 7, Title 20, by adding Subarticle 4 "Prenatal Exposure to Controlled Substances", so as to require reporting, testing, DSS intervention, immunity for good faith reporting, confidentiality, prohibition of use of information in certain criminal proceedings and to provide penalties. Referred to 3M

H. 3880 SEE 61 (Representative Meacham) A bill to amend Section 44-53-445, relating to distribution of a controlled substance, so as to provide for the Drug-Free School Zones Act. Referred to Judiciary

H. 3891 (Representative Meacham) A bill to enact the "Minimum Mandatory Sentencing Act" for violations of the narcotics and controlled substances laws of this state including provisions for specific penalties, a cost estimate by the Department of Corrections, the issuance of certain ""Correctional Facilities Construction Bonds", and the establishment of a "Correctional Facilities Construction Fund". Referred to Judiciary

H. 3897 (Representative Quinn & others) A bill to amend by adding Chapter 69 to Title 39 so as to make it unlawful to sell tobacco products by vending machines in any public place that is predominantly frequented or used by persons under the age of 18, provide that a municipality and county enforce the provisions of this Chapter, provide penalties for violation, and to invalidate ordinances and regulations adopted by municipalities, counties and political subdivisions before the effective date of this Chapter. Referred to Judiciary, Favorable with amendment, Rec'd 2nd, 3rd, Sent to Senate, Referred to Judiciary

H. 3908 (Representative Burriss) A bill to amend section 61-9-90, relating to the sale of beer and wine, so as to provide that beer and wine may be sold on Sundays at Publicly owned and operated golf courses upon the consent of the governing bodies of these golf courses, but only in counties and municipalities where Sunday sales are permitted. Referred to Labor, Commerce and Industry, Favorable Report, Objects by Fair, Huff, Littlejohn, Marchbanks, Smith & Wells, Recommitted to Labor Commerce and Industry

H. 3982 (Representative Burriss) A bill to amend section 61-3-480, relating to limitation of number of retail alcoholic beverage outlets in a community, so as to permit the sale of devise of a license under certain conditions, and to permit licensees to move the location of licensed premises under certain circumstances. Referred to Labor, Commerce and Industry

H. 3992 (Representatives D Elliott, Corbett, Keegan and M. Martin) A bill to amend by adding Section 4-1-190 so as to provide an additional fee for an offense involving alcohol or drugs and for its use. Referred to Judiciary

H. 4035 (Representative Burriss) A bill to amend Section 61-13-380, relating to the unlawful sale of alcoholic liquors during certain periods including Statewide election days, so as to permit the sale on Statewide election days of alcoholic liquors and beverages in sealed containers of two ouncesces or when sold by authorized retail licensees in the manner provided by law. Referred to Judiciary, Favorable w, amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable w/ amendment, Amended & Rec'd 2nd, Objects by Senators Verne Smith, Williams, Wilson, Thomas & Hayes

H. 4090 (Representative L. Martin) A bill to amend Section 55-5-6240, 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 forth or subsequent violation of DUS and DUI... Referred to Judiciary

H. 4109 SEE 1157 (Representative Kempe) A bill to amend by adding Section 38-3-65, so as to allow the Chief Insurance Commissioner to suspend the driver's license of a driver, for a period not to exceed thirty days, under certain conditions and circumstances; ...to amend by adding Section 56-1-467 so as to provide that in addition to all other penalties provided by a law a person may have his license to drive suspended for six months if he is convicted of, or pleads nolo contendere to, five traffic offenses in a one-year period or is convicted of, or pleads nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period... Referred to Labor, Commerce & Industry

H. 4147 (Representatives Fair, Klapman and others) A bill to amend Section 16-15-130, relating to indecent exposure, so as to prohibit nudity and to define nudity. Referred to Judiciary

H. 4163 SEE 3014 (Representative Kirsh) A bill to amend Section 56-5-2950, relating to the implied consent to a chemical test to determine the alcoholic content of the blood of a person who operated 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. Referred to Judiciary

H. 4174 (Representative Jennings) A bill to amend by adding Section 56-5-2951 so as to provide that any person upon being arrested for a violation of Section 56-5-2930 and taken by the arresting officer to a location for purposes of administering the chemical test of his breath must also have his conduct at this location videotaped by the arresting officer or another member of the arresting officer's department, to provide that a copy of this videotape must be provided to the defendant upon his request and at his expense before the scheduled trial date and it is admissible as evidence by either side in this proceeding, and to provide that a person who operates a motor vehicle in this state is considered to have given consent to the videotaping of his conduct. Referred to Judiciary, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary

H. 4286 (Representative Wilkins and others) A bill to amend Section 44-53-530, relating to drug forfeiture procedures, disposition of forfeited items, and disposition of sales of forfeited items, so as to make permanent the temporary disposition provisions of Act 604 of 1990, including the distribution of twenty percent of forfeited property to prosecution agencies. Referred to Judiciary

H. 4304 (Representative Rama and others) A bill to amend Section 56-5-2940, relating to penalties for driving under the influence of liquor or drugs, so as to provide for newspaper publication of photographs of persons convicted of driving under the influence of liquor or drugs for a third offense. Referred to Judiciary

H. 4332 (Representative Corning) A bill to amend by adding Section 56-1-285, so as to provide for a six-months suspension of the driver's license of a person under the age of twenty-one operating a motor vehicle who has any amount of blood alcohol content, 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-months 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. Referred to Judiciary

H. 4357 (Representatives Waites & Cromer) A bill to amend Sections 61-3-490 and 61-9-320, relating to notice of intention to apply for a beer or wine permit and an alcoholic liquor license, so as to revise the notice requirements to make them uniform by requiring advertisement one a week for three consecutive weeks to interested citizens, requiring the Alcoholic Beverage Control Commission to determine which newspapers meet the requirements, and authorizing the use of the same advertisement for applications for permits and licenses. Referred to Labor, Commerce & Industry

H. 4392 (Representative McLeod) A bill to amend by adding Section 61-7-305 so as to authorize certain advertising materials originating from a registered producer of alcoholic liquors. Referred to Labor, Commerce and Industry, Favorable Report

H. 4458 (Rep. McLeod) A bill to amend section 12-33-210, so as to decrease the taxes for a manufacturer's license under the ABC act. Referred to Ways and Means

H. 4465 (Rep. Rama and others) A joint resolution to amend Section 1 Art VIII - A of the Constitution, so as to authorize the issuance of licenses to sale and consume alcoholic liquors and beverages by the drink after being poured from bottles of 750 ml or more. Referred to Labor, Commerce and Industry.

H. 4517 SEE 1413 (Rep. Rogers) A bill to amend by adding Section 56-5-2947 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 child endangerment... Referred to Judiciary

H. 4566 (Representative McKay) A bill to amend Section 61-3-490, relating to notice of intention to apply for an alcoholic liquor license, Section 61-5-50, relating to the granting of a license, and Section 61-9-320, relating to the qualifications for a beer or wine permit, so as to provide for a temporary certificate to operate until a license or permit is issued and delete the reference to servant in Section 61-9-320. Referred to Labor, Commerce and Industry

H. 4575 (Representatives Rogers) A bill to amend Section 61-9-40, relating to the unlawful sale of beer and wine to certain persons, so as to revise the penalty. Referred to Judiciary

H. 4634 (Representative Lanford & others) A bill to amend Section 16-1-60, relating to the definition of "violent crime", so as to include injuring or killing a person while driving under the influence of alcohol or drugs, or both, as defined in Section 56-5-2945. Referred to Judiciary

H. 4674 (Representative Fair) A bill to amend Section 20-7-370, relating to prohibition on the purchase or possession of beer, wine, or other malt or fermented beverage by an underage person, so as to delete certain language, make it unlawful for any person under twenty-one years of age who is legally employed by any wholesale or retail business or commercial establishment or manufacturing business or establishment to sell or offer to sell any beer ale, porter, wine or any other similar malt or fermented beverage... Referred to Judiciary

H. 4713 Companion Bill Passed SEE 1450 (Representative Tucker) A bill to amend Section 17-22-30, relating to Pretrial Intervention Programs established by the Circuit Solicitors, so as to provide that the South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for these programs, to amend Section 17-22-40, relating to the office of Pretrial Intervention Coordinator, so as to transfer this office from the Attorney General's Office to the Commission on Prosecution Coordination . . . to amend Section 17-22-120, relating to alcohol and drub abuse services for offenders in an intervention program, so as to provide that no services may be denied due to an offender's ability to pay . . . Referred to Judiciary

INACTIVE LEGISLATION

PASSED

H. 3296 (Representatives Tucker, Huff, Smith, Clyborne and Wilkins) A bill to amend Section 44-53-480, relating to the enforcement of laws pertaining to illicit traffic in controlled and counterfeit substances, so as to provide for uniform procedures for forfeited substances and property to be used by law enforcement officers of the state and its political subdivisions. Referred to Judiciary, Favorable w/amendments, Recommitted to Committee, Favorable w/ amendments, Amended and Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R448), Signed by Governor 5-15-92, Act 387

Tabled

S. 154 (Senators Martschink, Wilson & Rose) A bill to amend by adding Section 56-7-60 so as to prohibit an elected or appointed official of a state agency from using his position to cancel, revoke, or influence the result of any proceeding regarding the result in any proceeding regarding the issuance of a traffic ticket under Section 56-7-10. Referred to Transportation, Tabled in Committee

H. 3017 (Representative Kirsh) A bill to amend Section 61-1-30, relating to restricted employment and activities of members of the Alcoholic Beverage Commission to provide that no member of the Commission may hold any other position of trust of profit and require that a member of the Commission shall devote his entire time to the duties of the office. Referred to Labor, Commerce and Industry, Tabled in Committee

H. 3138 SEE H.3026 (Representatives Hayes and Corning) A bill to amend Chapter 21, Title 50, To establish the offense of boating under the influence of alcohol or drugs and provide a schedule of blood alcohol content that gives rise to presumptions and inferences of operating a watercraft under the influence, to provide for definitions used in the enforcement of this article, to provide for a testing procedure and provide penalties for violations... Referred to Judiciary, Tabled in Committee

H. 3250 (Representative Rudnick) A bill to amend by adding Section 16-3-65 so as to establish the crime of Reckless Endangerment and provide a penalty for violation. Referred to Judiciary, Tabled in Committee

H. 3402 SEE S. 66 & H.3528 (Representatives Haskins, Quinn, Vaughn, Waites, H. Brown & Koon) A bill to amend by adding Section 61-9-160 to make it unlawful for a business establishment selling gasoline or other motor fuels to sell refrigerated or chilled beer and wine, to make it unlawful for such establishments to sell fewer than six separate containers of beer to one customer, and to provide a penalty for violations. Referred to Labor, Commerce and Industry, Tabled in Committee

H. 3528 SEE S. 66 & H. 3402 (Representatives Fair and Hayes) A bill to amend by adding Section 61-9-311 so as to provide that a person selling beer and wine at retail for off-premise consumption may sell only unrefrigerated beer and wine. Referred to Labor, Commerce and Industry, Tabled in Committee

H. 3536 (Representative Corning) A bill to amend Title 61, relating to alcohol and alcoholic beverages, by adding Chapter 10 so as to provide for the establishment, operation, and licensing of brewpubs, the promulgation of regulations, including fees and penalties. Referred to Labor, Commerce and Industry, Favorable Report, Objects by Cato, Fair, Klapman, Littlejohn, Marchbanks, McLeod, Sharpe, Smith & Wells, Rec'd 2nd, Tabled

H. 3825 (Representative Rudnick, Fair & others) A bill to amend by adding Section 56-1-685 so as to provide that when the driver's license of a South Carolina resident is suspended due to a conviction of an offense occurring in another state pursuant to the Driver License Compact, the period of suspension in this state begins on the date of the conviction. Referred to Education and Public Works, Tabled in Committee

H. 3879 (Representative Meacham) A bill to amend Title 59, by adding Chapter 140 so as to provide for the Drug-Free Postsecondary Education Act. Referred to Education and Public Works, Tabled in Committee

H. 3883 (Representative Gonzales & others) A bill to amend Section 61-5-190, relating to the authority of the SC ABC Commission to regulate alcoholic beverage retail sales location operations, so as to provide that no provision of Title 61 may prevent a county or municipality from prohibiting the sale of alcoholic beverages during certain hours and to provide that existing ordinances prohibiting certain sale hours are confirmed and ratified. Referred to Labor, Commerce and Industry, Tabled in Committee

H. 4099 SEE 1116 (Representative P. Harris) A bill to amend Section 44-22-10, relating to definitions under the rights of mental health patients, so as to revise these definitions; to amend Section 44-22-60, relating to rights of mental health patients upon admission to a facility, so as to clarify that rights of patients apply when admitted to a Department of Mental Health Facility rather than to any Mental Health Residential Program... Referred to 3M, Tabled in Committee

H. 4106 SEE 1102 (Representative P. Harris) A bill to amend Section 44-17-630, relating to the right of a patient who has been judicially committed to the State Department of Mental Health to be reexamined, so as to provide that notice of this right must be provided every six months instead of annually and to provide that a hearing on a petition for reexamination is not required to be held if less than three months have elapsed since a previous hearing on a petition for reexamination. Referred to 3M, Favorable report, Tabled

H. 4107 SEE 1105 (Representative P. Harris) A bill to amend Section 44-22-70, relating to treatment and discharge plans for an involuntary patient of the State Department of Mental Health, so as to require that discharge planning must begin within seventy-two hours of admission, to provide for the contents of the plan, input form the patient, and the involvement of certain treatment individuals in developing the plan. Referred to 3M, Favorable report, Tabled

H. 4224 (Representative Altman) A bill to amend Section 56-1-746, relating to suspension of driver's license for conviction of offense relating to possession, sales, and consumption of beer, wine and alcoholic liquors, so as to provide that if convicted of an offense mandating suspension of license while holding a special restricted driver's license then the special restricted driver's license is revoked and the remaining time for suspension under this section is imposed. Referred to Education and Public Works, Tabled in Committee

H. 4314 (Rep. Jaskwhich) A bill to amend section 61-3-440 relating to the prohibition of the location of businesses selling alcoholic liquor within certain distances of buildings and areas, so as to include libraries. Referred to Labor, Commerce and Industry. Tabled in Committee

H. 4366 (Representative McLeod) A bill to amend Section 61-3-1000, relating to the requirements for retail alcoholic liquor places of business, so as to revise certain structural requirements for business signs; and to repeal Section 61-3-1010 relating to the display of retail prices and stock in retail alcoholic liquor businesses. Referred to Labor, Commerce and Industry, Tabled in Committee

Withdrawn

S. 251 (Senator Rose) A bill to establish the South Carolina Tobacco Indemnity Fund to be administered by the South Carolina Department of Insurance and financed by taxation on tobacco products to be collected by the South Carolina Tax Commission... Referred to Finance, Withdrawn by Senator Rose

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.

SOUTH CAROLINA COMMISSION

ON ALCOHOL AND DRUG ABUSE

Each year, alcohol and other drug abuse affects every community in South Carolina and creates a tremendous burden for our society and its citizens. Not only does it adversely affect the health of South Carolinians, it also negatively impacts the social and economic conditions of the state. To counter the effects of alcohol and other drug abuse, the agency's governing board has adopted the following mission statement:

"The mission of the South Carolina Commission on Alcohol and Drug Abuse (SCCADA) is to reduce the negative health, social and economic consequences resulting from the use of alcohol and other drugs. Through a variety of primary prevention, intervention and treatment strategies, the SCCADA works with numerous other state and local agencies and organizations in an attempt to reduce and control problems related to the use of these substances. The goal of the agency is to provide affordable and accessible quality services to the general public as well as special and high-risk populations in an effort to create a safer and healthier environment for all citizens of the state of South Carolina."

During FY92, the SCCADA worked to accomplish this mission through the statewide system of county alcohol and drug abuse authorities by maintaining ongoing prevention, intervention and treatment programs to address these and other problems while the same time continuing its efforts to find new ways to reach previously-underserved populations.

During the year, the county alcohol and drug abuse authorities coordinated and conducted 26,485 different prevention activities impacting approximately 745,000 individuals. Once again, the South Carolina Teen Institute for Alcohol and Other Drug Abuse Prevention continued to be the largest and most comprehensive prevention initiative coordinated by the state system. Through this program, adolescents in grades 10 through 12 attended intensive weeklong training sessions during the summer through which they learned how to develop and implement alcohol and other drug abuse prevention activities in their respective schools and communities throughout the ensuing school year. During FY92, three weeklong training sessions were held as part of the Teen Institute. These sessions involved a total of 588 students representing 159 teams (each consisting of four student leaders and an adult advisor from high schools throughout South Carolina). Specific prevention activities to be implemented by these students during the 1992-93 school year include Mini-Teen Institutes conducted at local high schools throughout the state and the Teen Leadership Connection, a program similar to the Teen Institute but which targets local middle school students.

During FY92, the SCCADA continued its involvement with Project D.A.R.E. (Drug Abuse Resistance Education), an interagency effort involving SCCADA, the South Carolina Criminal Justice Academy, State Law Enforcement Division, South Carolina Department of Education and the Governor's Division of Public Safety. This alcohol and other drug abuse prevention/education program is designed to equip elementary school children with the skills necessary to resist pressures to experiment with these substances. The program is unique in that it involves uniformed law enforcement officers in prevention efforts to reduce the demand for alcohol and other drugs. Law enforcement officers teach a highly-structured 17-hour classroom curriculum designed primarily for fifth-and sixth-grade students. During FY92, 60 law enforcement officers in South Carolina received certification through this program. South Carolina is currently in the final stages of credentialing as a regional training site and now has its own D.A.R.E. Training Cadre.

The SCCADA estimates that 404,000 South Carolinians ages 18 or older are currently experiencing serious drinking problems or have drinking habits that put them at high risk for developing such problems. In addition, an estimated 119,000 South Carolinians in the same age group are experiencing serious problems with other drugs or are at high risk of developing them. During the year, the state's alcohol and drug abuse system provided some type of intervention and/or treatment service to 54,254 individuals or approximately 1.5 percent of the state's total population. In addition, the system continued its involvement in the implementation of the state's Involuntary Commitment Law for individuals who are seriously or chronically addicted to alcohol or other drugs but who fail to seek assistance on their own. During FY92, 1,041 individuals received services through the county alcohol and drug abuse authorities under the provisions of this statute. In addition to those individuals who received services under the provision of the states' involuntary commitment law, a significant number of other individuals entered treatment voluntarily in lieu of commitment.

Alcohol continues to be the number one drug of abuse in the state, accounting for more than 75 percent of the substance related admissions to this system. Of drugs other than alcohol, cocaine was the number one drug for which South Carolinians sought treatment. In an effort to enhance the delivery of services to meet the needs of all South Carolinians, services were expanded this year to low-income individuals through the continued implementation of the Medicaid Alcohol and Drug Rehabilitative Services Project coordinated by this agency through a contract with the South Carolina Health and Human Services Finance Commission. Now that statewide implementation of this project has been realized, many more citizens have access to alcohol and other drug treatment services than ever before.

The SCCADA was involved this year in several interagency programming efforts. Through coordination with the South Carolina School for the Deaf and the Blind, the SCCADA continued to provide translator services to all hearing impaired individuals in need of alcohol and other drug treatment services. Also, significant steps were taken to implement an interagency Memorandum of Agreement between the SCCADA and the South Carolina Department of Mental Health (SCDMH). Working groups drawn from professional staffs of county alcohol and drug abuse authorities and the area mental health centers were created to develop plans for: (1) statewide 24-hour crisis screening; (2) a model array of treatment services with emphasis on continuity of care; (3) a model system for the provision of services to children and adolescents; (4) a model for treatment services for persons who have been diagnosed with both an alcohol or other drug problem and a major mental illness; (5) a collaborative approach to the training of alcohol and drug abuse professionals and mental health professionals with emphasis on development of skills needed to treat the state's dually-diagnosed population. The products of these work groups have been consolidated and approved by the respective state agency directors. Work will continue in FY93 and will place emphasis on developing a realistic assessment of the resources required to fully implement the various programming models. In cooperation with the SCDMH, the SCCADA is offering a series of trainings on dual diagnosis for both mental health and alcohol and other drug clinicians. Dual diagnosis represents only one area in which the SCCADA is seeking to provide increased specialized treatment services for clients.

Also, through extended dialogue between the SCCADA and the SCDMH, agreement was reached in January 1992 on those program needs which were of the highest priority in order to effectively implement the state's alcohol and drug abuse Involuntary Commitment Law. These priorities are: (1) expanded community-based detoxification capabilities; (2) transitional beds in the state's major population centers to reduce the admissions to Morris Village and Harris Psychiatric Hospital; (3) an indigency pool to defray the cost of treating persons who are unable to bear any of the costs of treatment; and (4) expand crisis screening capabilities in all 46 counties.

Efforts continued on the initiative involving the SCCADA, the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS), which has provided pre-release inpatient addiction treatment. Since 1989, 807 individuals have successfully completed services provided through the Addictions Treatment Unit (ATU) at the Watkins Pre-Release Center. In addition, graduates of the program have received post-release follow-up services through the county authorities. Plans were initiated this year for the expansion of the ATU model for the provision of treatment services in correctional facilities in the Upstate and the Lowcountry. Another interagency effort, a program known as "Stayin' Straight", involved the SCCADA, Lexington/Richland Alcohol and Drug Abuse Commission, the SCDPPPS and the South Carolina Vocational Rehabilitation Department in providing intensive outpatient treatment services for high-risk probationers/parolees in Lexington and Richland counties.

In addition, the agency this year completed an interagency effort with the South Carolina Department of Youth Services. The two agencies accomplished several objectives including: (1) sponsorship of a training event to address juvenile alcohol and other drug issues; (2) completion of a comprehensive assessment of alcohol and other drug services provided by SCDYS; (3) development of recommendations to address existing needs. These recommendations are currently under review for future implementation by SCDYS.

During this fiscal year, planning has continued with the South Carolina Department of Education for a repetition of the statewide youth survey which is scheduled for the fall of 1992. The survey will involve all students in grades seven through 12 in the state's public school system.

Funding was continued for special projects at several institutions of higher education. The Career Teacher Program, originally funded in 1980 by the National Institute on Drug Abuse, is jointly supported by SCCADA and the University of South Carolina School of Medicine. Through this program, relevant information on alcohol and other drug abuse was developed and incorporated into the curriculum and other experiences for medical students. The Family Practice Residency Program, a project funded by the agency in cooperation with the Department of Family Practice of the Medical University of South Carolina, provided information on alcohol and other drug abuse appropriate for family practice residents. Through this program, the residents were trained in the detection and diagnosis of alcohol and other drug abuse. Such training has exposed them to attitudes about alcohol and other drug abuse, the act of confrontation, case management and the use of existing community referral sources.

FY92 represented a year in which the SCCADA's treatment and prevention activities placed more emphasis on outreach efforts for previously-underserved populations. These outreach programs have been initiated in community health centers, particularly in the areas of tuberculosis, sexually transmitted diseases and HIV infection. Alcohol and other drug screening and referrals now take place regularly in many community health centers. This year, coordination continued with the implementation of the state training plans specific to HIV disease and alcohol and other drug abuse as developed during FY91. Through this plan, the agency worked to provide basic HIV information to all county authority personnel and to address their attitudes and concerns about HIV infection and AIDS. This training was conducted by the South Carolina State Aids and Substance Abuse Training Cadre, a special team consisting of representatives from the county alcohol and drug abuse system and the public health system who received certification from the National Institute of Drug Abuse. During FY92, this team provided 180 hours of training to 350 individuals. Specifically, 15 courses addressing the problems of HIV disease and alcohol and other drug abuse counseling were coordinated and delivered through this special training initiative.

The agency also continued to manage two special HIV prevention projects this year. These two projects which were coordinated by L/RADAC and the Greenville County Commission on Alcohol and Drug Abuse, specifically targeted IV drug users and their partners in the area of HIV prevention. The SCCADA provided funding for an HIV/AIDS Risk Reduction Program which will target alcohol and other drug users and their sexual partners in the Charleston county area.

Through its Office of Women's Services, the SCCADA continued to address the unique programming needs of women. This office is responsible for directing the agency's efforts to improve the availability and accessibility of alcohol and other drug related services for women, and serves as a resource for other state agencies which also coordinate special initiatives targeting women. Through this office, a project was initiated to develop the state's first residential treatment program for women. This 24-bed facility operated by L/RADAC, was opened in April 1992. Planning was initiated this year for a second residential facility for women and their children which is scheduled to open in Greenville in the Spring of 1993. This office also continued to manage four community-based prevention projects targeting women in Lexington/Richland, Saluda, Aiken, Georgetown and Marion/Dillon counties. In addition, the office was involved in coordinating three maternal outreach projects in conjunction with the South Carolina Health and Human Services Finance Commission. These three projects sites, located in Clarendon, Anderson/Oconee and Lexington/Richland counties, provided outreach services to women of childbearing age as well as counseling and staff development and will facilitate patient access to alcohol and other drug treatment services.

This office also served as chair of the Substance Abuse Committee of the Governor's State Council of Maternal Infant and Child Health (MICH) and was instrumental in developing effective strategies to reduce the negative consequences of alcohol and other drug use during pregnancy. Following the release of the findings of the 1991 South Carolina Prevalence Study of Drug Abuse Among Women Giving Birth, the MICH Council released two reports to address this problem in South Carolina, one which focused on the legal aspects of the problem and the other on the need for appropriate prevention and treatment services targeting women of childbearing ages. The SCCADA is assisting the Council in implementing a comprehensive set of recommendations made as a result of the survey findings and the two subsequent reports. Appropriate collaborative efforts have included all public and private agencies participating in this comprehensive initiative. The office was involved in planning the state's implementation of "Healthy Start," a Presidential initiative designed to reduce infant mortality in 15 high-risk communities throughout the country. This initiative, which will be implemented in this state in collaboration with the United Way of South Carolina, Inc., will provide funding for a comprehensive array of services including alcohol and other drug education and treatment for high-risk pregnant women and their infants. The project will be implemented during FY93 and will involve Chesterfield, Darlington, Marion/Dillon, Marlboro and Williamsburg counties.

The agency continued to provide staff support for the South Carolina Coalition for Alcohol-Safe Communities, an organization formed in September 1989 in an effort to reduce the high social, emotional and economic costs of alcohol abuse in South Carolina. Through meetings, reports, endorsements, policy statements and committee activities, the Coalition has served as an advocate for alcohol health and safety through the increased public awareness, the development of policy initiatives and the support of organizations which work actively to promote alcohol related health and safety measures. The coalition consists of 55 member organizations.

During FY92, the SCCADA monitored more than 130 legislative bills related to alcohol and other drug issues. One bill signed into law by the Governor allows the county alcohol and drug abuse authorities to apply for health and dental insurance coverage under the State Health Plan. Other legislative initiatives passed and signed into law include a bill standardizing the advertising process used by the South Carolina Alcohol Beverage Commission for the issuance of beer and wine permits and a bill authorizing the use of advertising materials to offer nonalcoholic promotional items to be redeemed by returning proof of purchase. Other areas of legislative and policy action which are supported by the SCCADA and will be reintroduced during the 1993 legislative session would provide for administrative revocation of driver's licenses; establishing a lower blood alcohol concentration (BAC) for which a person is presumed to be driving under the influence; and establishing a BAC of .02 percent as the presumed level of impairment for drivers under the age of 21. During this upcoming legislative session, the SCCADA will continue its role in shaping and supporting alcohol and other drug related initiatives to promote health, safety and wellness for the citizens of this state.

Also, to further the effective operational efficiency of the statewide service-delivery system, six county alcohol and drug abuse authorities are participating in a study conducted by CATOR (Comprehensive Assessment and Treatment Outcome Research), a service of the Ramsey Clinic in St. Paul, Minnesota. The results of this study will be used for future planning purposes and will be available in FY93. These efforts will play an important role in the agency's future efforts to expand the treatment capacity of the statewide system.

Facing a period of diminishing resources at a time when the demand for services is escalating, the SCCADA has taken the initiative to assist the county authorities in enhancing their capability in obtaining federal discretionary grants. During the past year, the county authorities have been very successful in competing for grants from the U.S. Office for Substance Abuse Prevention; U.S. Department of Justice; National Institute on Alcohol Abuse and Alcoholism; U.S. Office for Treatment Improvement; The Robert Wood Johnson Foundation; and the United Way of South Carolina Inc. These grants will have tremendous impact on the prevention, intervention and treatment activities throughout this state for the benefit of its citizens.

As we move forward into the mid-1990s, the SCCADA will continue to refine the current system of care and search for innovative and cost-effective ways to ensure that appropriate prevention, intervention and treatment services are available to meet the needs of the citizens of this state. The agency looks forward to the continued cooperation with the Committee to Study the Problems of Alcohol and Drug Abuse and all other branches of government in meeting our goals to provide affordable quality and accessible services to all South Carolinians.

SOUTH CAROLINA

ALCOHOLIC BEVERAGE CONTROL COMMISSION

The South Carolina Alcoholic Beverage Control Commission continues to vigorously enforce the laws regulating the sale and consumption of beer, wine, and distilled spirits. During the fiscal year ending June 30, 1992, ABC agents wrote 1,309 administrative violations and issued 1,307 written warnings to licensed locations. For these violations, the commission assessed $382,731 in penalties, suspended 149 licenses and permits, and revoked 36 licenses and permits.

ABC agents also arrested 3,832 people for violations of state law. Of these arrests, 1,882 were underage persons in possession of beer, wine, or liquor.

The Commission also continues to stress education of those selling beer, wine, and distilled spirits as a method of reducing violations of the law. Training seminars for license holders were conducted all around the state, and were extremely well-received.

ABC agents continue to conduct investigations of all alcohol related injuries and deaths of persons under twenty-one years of age in the state of South Carolina. During the calendar year 1991, 103 such investigations were conducted by ABC agents.

SOUTH CAROLINA LAW ENFORCEMENT DIVISION

NARCOTICS DEPARTMENT

The Narcotics Department was formed in 1971 with the advent of legislation charging SLED with enforcement of laws pertaining to the illicit traffic in narcotics and dangerous drugs (Section 44-53-480, South Carolina Code of Laws). The department is given the responsibility for providing investigative assistance to local enforcement agencies and for initiating overt and covert investigations into major narcotic and dangerous drug traffickers operating interstate and intrastate.

The Narcotics Department maintains a close liaison with other state and federal agencies in coordinating investigations against illicit drug traffic and provides intelligence information to these agencies regarding such traffic activity.

There are 30 agents and a Special Agent in Charge (Captain) assigned to the department at this time.

On June 3, 1988, Governor Carroll Campbell announced the formulation of a Strike Force known as the Governor's RAID Team (Retaliation Against Illegal Drugs) made up of members from the South Carolina Highway Patrol, Alcoholic Beverage Control Commission, South Carolina Wildlife and Marine Resources and SLED Narcotics. This gave a total of 63 sworn law enforcement personnel to combat the drug problem at the state level.

The adding last Fiscal Year of a total of four agents to the Drug Abuse Resistance Education (DARE) Unit adds a demand reduction component to the Raid Team that will hopefully help reduce drug use through the public school education process.

Additionally, the South Carolina Army National Guard has dedicated sixteen personnel to support the ground effort of our annual Marijuana Eradication Program along with two helicopters, their crew and support personnel to work in this area. Nine personnel from the sixteen member ground support effort will remain year round to support the overall counter drug program.

The statistics relative to this unit will be included in these figures as that unit has been fully integrated into the operation of the Narcotics Department since its formulation.

During the Fiscal Year 1991-92, the Narcotics Department received and processed 843 requests for investigations from federal, state and local agencies. These requests for investigations generated 955 investigations by the section.

TOTAL VALUE OF DRUGS
PURCHASED OR SEIZED $ 62,719,993.50
CASH SEIZED 961,845.56
TOTAL ARRESTS 1388
(includes marijuana arrests)

NOTE: Other real properties and monies seized through the State Grand Jury will be reported through them.

29,082 marijuana plants were seized in the 1991-92 Fiscal Year which resulted in 123 arrests.

STATE DRUG TOTALS
Sale/Possession July-Dec 91 Jan-June 92
Cocaine/Heroin/Opium 3705 2839
Marijuana 2488 2671
Other Drugs 639 522

The above figures are taken from reports submitted to the UCR program by participating police agencies.

SOUTH CAROLINA

DEPARTMENT OF MENTAL HEALTH

The 1991-1992 Fiscal Year has proven to be a productive one in alcohol and other drug abuse services. Staff on state and local levels from the Department and the South Carolina Commission on Alcohol and Drug Abuse drafted a model array of services. The draft model proposes a comprehensive community based service system ranging from information, referral, and early intervention to a variety of crisis intervention, out patient, day treatment and detoxification programs. Conceptionally, it begins by defining desired services for adults, then the model addresses adaptations needed to serve children and adolescents and persons who have dual diagnosis of a major mental illness and chemical dependency. The model is currently being revised following guidance provided to staff through a joint meeting between the State Commissioner of Mental Health and the Executive Director for the South Carolina Commission on Alcohol and Drug Abuse Services. When revisions of the model are complete, staff will begin to address resources that would be needed to fully implement the model.

Human Resource Development Grant funds from the National Institute of Mental Health have been used by the Department of Mental Health and the South Carolina Commission on Alcohol and Drug Abuse to design a training curriculum for clinical staff working with dual diagnosed mentally ill/addicted individuals. The curriculum will be taught on a regional basis beginning with the Low Country and Piedmont areas in September and October, 1992. The curriculum is based on a "mentor" model. Senior level clinical staff from community mental health centers and alcohol and drug abuse commissions will serve jointly as mentors to less clinically experienced staff. The design will encourage the development of on-going clinical support for staff working with this most challenging group of people.

The Department continues to hold monthly Addiction Specialist meetings to address system issues. For example, two special efforts from this group include reviewing, and revising if necessary, the Continuity of Care Guidelines. Also, a group is drafting an assessment tool to assess the degree to which alcohol and other drug use, abuse and addiction is a problem with those clients who are psychiatrically disabled. The goal is to provide a range of services from education to treatment of dual diagnosed as may be needed by people with a psychiatric disability. Also, specific subjects are addressed month. Topics to be discussed in the coming year include housing opportunities, services to special populations and minority groups, a triage system between a community mental health center, local alcohol and drug abuse commission and probate judge to follow the progress of committed patients and assure follow up, etc. The South Carolina Commission on Alcohol and Drug Abuse is on the agenda to announce any items of interest to the group as is the private sector. Conversely, the Department of Mental Health is represented at the monthly meeting of the directors of the local alcohol and drug abuse commissions and is invited to make any announcements of interest to the group.

The Department sponsors an Addiction Specialist Retreat annually in the Spring. The subject of this retreat in May 1992, was, "Beyond Dual Diagnosis: Implications for Treatment." The challenge in working with dual diagnosed individuals is treatment that is effective with one diagnosis may be counter productive with the other. Designing treatment that prevents relapse of the psychiatric condition and promotes abstinence from alcohol and other drugs is the greatest challenge clinically and programmatically.

The Department of Mental Health has developed Emergency Commitment guidelines for physicians, community hospital staff, clinical staff from the community mental health centers and local alcohol and drug abuse commissions, probate judges and others who manage clients in crisis. The guidelines define the two conditions cited in state statute that must be present to constitute an emergency, Chemical Dependency and Substantial Risk. These conditions are described in clinical and behavioral terms for evaluators who must make a decision about the most appropriate treatment for someone in a crisis. When disseminated, they will also be used by the Department to review possible emergency commitments and provide assistance in finding other alternatives if an emergency commitment is not the appropriate alternative.

The addictions treatment program at Crafts-Farrow State Hospital received a three year accreditation from the Commission on the Accreditation of Rehabilitation Facilities in late 1991. The Department examined moving the detoxification program from Byrnes Medical Center to Morris Village. However, the transfer proved to be cost prohibitive, primarily because of the additional physician and licensed personnel requirements. The Department will continue to evaluate options related to the management of detoxification services to insure the best use of medical and addiction treatment resources with the goal to transfer this program to Morris Village.

The Department will focus on several goals for the coming year. The Department is committed to the development of the model array of services and determining the resource requirements to implement the model. Also, the development of an assessment tool is a priority, in order to routinely evaluate psychiatrically disabled individuals to determine if the use, abuse or addiction to alcohol and other drugs needs to be addressed in their treatment. Promulgation, and revision if necessary, of the Emergency Commitment Guidelines is another goal. Full implementation of the dual diagnosed training curriculum is important to insure staff have skills to treat this group of people. The Memorandum of Agreement between the Department of Mental Health and the South Carolina Commission on Alcohol and Drug Abuse needs to be reviewed and revised or updated, if necessary. The Department remains committed to working with the South Carolina Commission on Alcohol and Drug Abuse and continuing the successful efforts that have occurred this year to improve the overall system of care for people addicted to alcohol or other drugs.

Morris Village

Morris Village spent the year refining many aspects of its program following the major changes in treatment philosophy and direction the previous two years. The result is best reflected in Morris Village receiving a three year accreditation from the Commission on Accreditation of Rehabilitation Facilities, a significant accomplishment.

Improvement in continuity of care has also been a priority. In comparing continuity issues from surveys done in 1991 and then again in 1992, the program is seen a more effective, the flow and content of information has improved and follow up by dual diagnosis patients has especially improved. The greatest source of frustration continues to be lack of sufficient beds, especially for voluntary patients.

Morris Village has succeeded in maintaining a balance between voluntary and involuntary patients. Voluntary patients constitute 45 to 55 percent of the population. A brochure has been prepared and distributed informing the public and practitioners about Morris Village and the programs it offers. In addition, a community advisory board has been established to insure continued information about needs and the effectiveness of developing initiatives.

The number of medical staff has increased to four physicians and one physician's assistant. A position has been established to link Morris Village to the University of South Carolina Medical School and William S. Hall Psychiatric Institute, thus providing training opportunities for medical students and residents in Addictions Medicine. Family Practice residents are currently rotating through Morris Village, and field placement opportunities have been provided to nursing students from several programs.

The physical plant has been in need of refurbishing. renovations of the infirmary have been completed and it is now operational. Repairs on the exteriors and interiors have also been completed.

Significant progress has been made on the goals and objectives for fiscal 1991-92. Among the more significant of these are the
following:

I. Maintain an appropriate balance between voluntary and involuntary admissions.
Review: We have successfully achieved this objective. Our ratio of voluntary to involuntary admissions is between 45% and 55%.

II. To complete the Capital Improvement Plan.
Review: Significant progress has been made on the Capital Improvement Plan. The Infirmary has been completely renovated, and much exterior and interior work has been completed.

III. To transfer the detoxification unit from Byrnes Medical Center to Morris Village given adequate resources.
Review: Plans were complete and in place to move the detox unit, but the Department could not provide adequate fiscal resources to operate the unit at the Village, thus the transfer is on hold.

IV. To continue the broad implementation of the Continuity of Care plan.
Review: The Director and Assistant Director have served on the Continuity of Care Committee, the Village has implemented the plan, and we anticipate the COC computerized program to be on line shortly.

V. Prepare and distribute a Morris Village brochure.
Review: The brochure has been prepared and copies distributed to all mental health centers and A&D commissions.

VI. To form a Community Advisory Board by March 31, 1992.
Review: The advisory board has been formed and meets regularly.

VI. To increase medical staff coverage and integration of service.
Review: The number of medical staff has been increased to four physicians and a physician's assistant. These staff regularly participate in treatment team meetings.

VII. To continue to expand academic linkages.
A. The facility Director and Director of Professional Services will pursue and develop linkage with the medical school and the William S. Hall Psychiatric Institute in a fellowship to provide psychiatric leadership and long term training.
Review: This position has been established and several candidates have been interviewed. No individual has been selected and recruitment continues.
B. The Director of Professional Services will explore the possibilities of providing rotation experiences for Family Practice Residents and medical students.
Review: The curriculum has been developed and Family Practice residents are currently rotating through the Village on a monthly basis. Other medical school students began in July, 1992.
The Village has also provided field placement experiences for nursing students from York Technical School, Midlands Tech and USC
Lancaster.

VIII. To provide a clinical setting for the training of a Medical Records student.
Review: A placement opportunity has been established and one Medical Records student has completed such placement successfully.

IX. To assist the auditor in the development of information regarding the utilization of fines and forfeitures.
Review: Prior to each county audit, the Village provides the auditor with specific information regarding the number of patients served from that county and an estimate of treatment dollars expended for that population. The Village also designed and provided an attractive cover for the auditor's report.

X. Formally request in February a Certification of Rehabilitation Facilities (CARF) survey in the Spring of 1992.
Review: The Village was surveyed in late June 1992, and has received a three year accreditation which is the maximum provided.

SOUTH CAROLINA DEPARTMENT OF HIGHWAYS

AND PUBLIC TRANSPORTATION

The South Carolina Department of Highways and Public Transportation (SCDHPT) is the state agency charged with responsibility for the planning, construction and maintenance of the state highway system; the administration of all motor vehicle, driver regulation and related laws; the enforcement of the state's traffic laws throughout the highway system; and coordination of public transportation in the state.

During 1991, the SCDHPT was involved in five major areas related to the problems of alcohol and drug abuse: compilation of traffic accident statistics describing accidents in which the probable cause was alcohol and/or drug related; continuation of DUI enforcement efforts using new mobile breathalyzer vans; creation and implementation of the Traffic Accident Victim Advocacy program for victims of DUI/DWI crashes; continuation of a statewide public information and education campaign to discourage drinking and driving; and a continuation of a drug enforcement program.

DUI/DWI-Related Traffic Accident Statistics - 1991

Alcohol/Drug-related traffic accidents are responsible for a large portion of reported traffic accidents each year. The percentage of accidents which are alcohol/drug-related increases as the severity of injuries involved increases.

Alcohol/drug-related traffic accidents are based on eight probable cause fields on the Uniform Traffic Accident Report form; the form lists 74 causes from which the investigating officer must choose the single probable cause in the accident. The data presented in this section are a summary of these eight alcohol/drug-related probable causes. This data will not include any accidents where the probable cause was something other than alcohol or drugs, even if one of the drivers was intoxicated. As a result, alcohol/drug involvement in South Carolina traffic accidents is probably understated.

Despite the restrictive nature in which this data was complied, these figures indicate alcohol and drugs are important contributors to the frequency and severity of traffic accidents. Some of the key findings in the data are as follows:

Alcohol or drug usage was the probable cause in 166 fatal accidents in 1991, resulting in the deaths of 196 persons. Both figures are down from 1990 and represent 21.0% and 22% respectively of all fatal accidents and persons killed during the year. Table #1 provides a listing by county of the number of traffic accidents with a probable cause of alcohol or drugs.

Drivers under 21 years of age accounted for 12.1% of all drivers whose age was known in accidents with a probable cause of alcohol or drugs. This is up from 13.4% in 1990. Table #2 shows the age and sex of drivers involved in accidents in which the probable cause was alcohol or drugs. Graph #1 depicts the number of accidents per 1,000 licensed drivers by driver age during 1991.

Blood alcohol data is compiled by the state's coroners for drivers and pedestrians who were over 16 years of age and died within four (4) hours of a traffic accident. For 1991, the latest year for which complete data is available, 68.5% of all known test results on these victims indicated a positive blood alcohol content. Table #3 provides blood alcohol levels for drivers and pedestrians in fatal accidents by county who meet the criteria described.

DUI Enforcement

In 1988, the SCDHPT received a $171,400 grant from the Governor's Highway Safety Office to implement a DUI Saturation Enforcement Program. This project involved the establishment of three specially-trained DUI enforcement teams within the Highway Patrol with seventeen (17) troopers each and three supervisors. These team members received specialized training designed to increase their ability to detect, apprehend, and prosecute intoxicated drivers. Specialized equipment, including two mobile breathalyzer vans were purchased for use by the Patrol.

Following the training, establishment of procedures for the project, and procurement of equipment, the project was officially implemented over the Memorial Day weekend in 1989.

The state-of-the-art DUI vans are equipped with video equipment to record suspects taking the field sobriety test, a breathalyzer machine and a holding cell. The vans have been used in areas of the state where drinking and driving is reported to be a problem. The Patrol set the vans up at a stationary location near the problem area and then saturate that area with 10 to 15 troopers who are specifically looking for drunk/drugged drivers.

Under normal circumstances, a DUI arrest can take the trooper off the road for two to three hours. One of the advantages of the DUI vans is that they allow troopers who make a DUI arrest to be back on patrol within an hour or less, since the trooper doesn't have to search for a breathalyzer machine and then spend time at the jail processing the individual.

DUI arrests for the Highway Patrol for 1991 (including by Saturation Team members) totaled 15,206. DUI convictions for the Patrol as a whole (includes Saturation Teams) increased in 1991 over 1990, climbing from 14,930 convictions to 15,029 convictions.

On December 10, 1990, The National Commission Against Drunk Driving awarded this project its "Distinguished Service Award" in the enforcement initiative category. The award was presented in Washington, D.C. during a reception preceding the National Commission's Annual Awards Luncheon.

Public Information and Education Efforts

The Safety Office, in cooperation with the Public Affairs Office of the SCDHPT, has coordinated a variety of public information and education efforts addressing the problem of drinking and driving. The major initiative in this area has been the continuation of the "Highways or Dieways" campaign. During 199, Phase IV of the campaign was implemented. The overall message of the campaign has been clear -- tell the state's drivers, as graphically as possible, what consequences they can expect if they choose to drive irresponsibly. Three television ads were developed and released during Phase IV; one of the ads targeted drinking and driving and showed a couple who chose to drink and drive and the consequences of their actions.

Since its inception the "Highways or Dieways" campaign has created 12 public service announcements (PSA); one was called "These people won't be home for the holidays", and features 11 people who were killed in auto accidents during the year. "These Students Won't Make Their Class Reunion" was the additional Special PSA developed during 1990. The PSA features a number of photographs of South Carolina high school students who died in traffic accidents, some as the result of DUI. The PSA was presented prior to prom and graduation time in 1991.

Phase IV of the campaign was funded jointly by the SCDHPT and with grant funds provided by the Governor's Office of Highway Safety Programs. The campaign, along with other initiatives across the state, has contributed to an 18.1% reduction in traffic fatalities over the past four years; a 17.1% reduction in the number of incapacitating injuries over the past five years; a 27.7% reduction in the state's mileage death rate over the last four years. These reductions occurred in spite of a 12.3% increase in the number of miles traveled over the last five years.

The Safety Office also operated a Highway Safety Information Resource Clearinghouse. Brochures, posters, research information, films, videos and other educational materials of various aspects of DUI are available free of charge to the public. Clearinghouse materials are distributed to civic groups, at safety fairs, to teachers, and others who are concerned with highway safety throughout the year.

Victim Advocacy

Alcohol/drug related traffic accidents are responsible for a large portion of the traffic accidents reported in South Carolina each year. The proportion of accidents which are alcohol/drug-related increases as the severity of injuries increases. The figures below indicate that alcohol and drugs are important contributors to the frequency and severity of South Carolina traffic accidents. Some of the key findings are as follows:

Alcohol or drug usage was the probable cause in 166 fatal accidents in 1991, resulting in the deaths of 196 persons. Both figures are down from 1990 and 21.0% and 22% respectively of all fatal accidents and persons killed during the year. Table #1 provides a listing by county of the number of traffic accidents with a probable cause of alcohol or drugs.

Alcohol or drug usage was the probable cause in 2,824 injury accidents in 1991, resulting in 4,594 persons injured. Injuries ranged from minor bruises to incapacitating injuries, some requiring long-term care in convalescent facilities.

While there is no cost which can be assigned to the pain and suffering to victims and family members of those injured or killed, the estimated economic loss for the 196 persons killed was $80,360,000.00 in 1991. In 1990, the estimated economic loss for the 226 persons killed totaled $65,540,000.00.

The South Carolina Highway Patrol forms the Law Enforcement Division of the South Carolina Department of Highways and Public Transportation. The major function of the Patrol is to enforce South Carolina's traffic laws, thus providing motorists with safe travelways. During 1991, the Patrol investigated 58,924 traffic accidents, or 46.8% of the 110,780 reported accidents. The Patrol serves the entire state. As a result, services provided through the Traffic Accident Victims Advocates (TAVAs) project are offered on a state-wide basis to the following groups:

- Family members of individuals killed in traffic accidents by a drunk or drugged driver.
- Individuals who experience incapacitating injuries as a result of an alcohol or drug-related crash.
Family members of individuals killed in alcohol or drug-related traffic accidents, individuals who experience severe, incapacitating injuries in such crashes, and the family members of those injured are indeed victims of a violent crime. These people experience the same anguish, anger, and frustration as those who are victims of murder, physical assault, etc. While prompt medical treatment is essential for the injured, both the severely injured and family members of those involved need immediate access to crisis services. Under Grant # 1W91024, the South Carolina Highway Patrol, with the help and support of the Governor's Office of Criminal Justice Programs, established the first Traffic Accident Victims Advocacy (TAVA) program in the nation. The Public Affairs Office of the South Carolina Department of Highways and Public Transportation in conjunction with the National Patrol has prepared a presentation of this program which was given at the National Combined Accident Reduction Effort (CARE) conference, held at Dayton, Ohio during April 1992. The goal of this project is to provide crisis intervention and referral services to the groups listed by providing within each county Patrol Office in the state, personnel who are trained to respond to victims needs. This project coordinates with other victim service programs and agencies by involving these groups in the project's continuation as members of the project steering committee and as part of the referral network.

The TAVAs are using a referral network to help people who are having a problem adjusting to the death or injury of a loved one; the network is composed of 470 pastors, mental health professionals, and social service professionals. The TAVAs are responsible for keeping the referral network list up to date and work with these professionals to insure their continued support. Each TAVA makes contacts with people who are qualified to be on the referral network and encourages their support. The TAVAs are responsible for training all new members of the referral network.

The TAVAs are stationed in each of the 46 counties in South Carolina. The TAVA's were trained during January 1991 and were placed in service as of March 1, 1991. Since that time over 200 families have been helped by this service. We expect this service to grow as people become aware of this project.

The TAVA program was designed to provide the support and service required to manage the aftermath of alcohol and drug-related accidents. Each TAVA has been trained to provide the following services:

* Provide updates and information concerning investigations, bonds, legal proceedings, and the criminal justice system.

* Assist in locating community resources for financial assistance and victim/witness services.

* Refer to local minister, counselors, and support groups for assistance in emotional recovery.

During the second year of the project, a full-time coordinator was hired to manage the project. TAVA's were also provided with in-service training to further strengthen their crisis intervention skills.

The TAVA's identified over 13 families in the first month of implementation. The TAVA's have contacted these families and offered support, information, and have made the appropriate referrals. The TAVA's will continue to follow-up of these families, monitoring each case and informing the victims of the status and progress of the investigation, release of the defendant on bail, trial dates, etc. They will continue to identify victims of alcohol and drug-related traffic accidents within their assigned counties, and offer support and referral services. We are expecting to serve over 200 families during the second year of implementation.

These troopers have certainly shown caring and compassion in dealing with victims and family members. Since the first of March 1991, the TAVAs have served over 50 persons associated with DUI fatalities.

This project will be continued through regular budgetary appropriations for as long as the Patrol Administration and the general public can find a need for such a service.
Drug Interdiction Project

South Carolina has a growing drug trafficking problem. The South Carolina Highway Patrol is hampered in its drug enforcement efforts because most of the troopers are not properly equipped for drug enforcement activities nor are they trained in aggressive criminal enforcement techniques.

In the last 3 years, the number of arrests for drugs in South Carolina has risen from 14,616 in 1988 to 15,609 in 1990. According to statistics gathered by the State Law Enforcement Division (SLED), in 1988 South Carolina law enforcement officers had 14,616 drug related arrests, 5,021 or 34.5% were for the sale, trafficking, or manufacturing of drugs. In 1989, that number rose to 16,734 drug related arrests; 6,465 or 38.6% were for the sale, trafficking or manufacturing of drugs. In 1990, drug related arrests decreased to 15,585, 7,069 or 45.4% were for the sale, trafficking or manufacturing of drugs. The results for 1992 are not yet available.

South Carolina is served by five major interstates: I-95, I-20, I-26, I-77 and I-85. There are several S.C. and U.S. Routes that connect many rural areas of S.C. to the interstate system. The state's abundance of excellent U.S. and S.C. routes along with the lack of proper equipment for intensive drug interdiction efforts, makes South Carolina an excellent place to conduct large narcotic trafficking operations without a high risk of interference. According to the Drug Enforcement Administration (DEA), the main smuggling routes, I-95 and I-20, combined with the other interstates in South Carolina provide access to major drug and currency smuggling from the Southwest through the Southeast to the Northeastern United States.

According to a study conducted by the Drug Enforcement Administration (DEA) entitled "Operation Pipeline: South Carolina and Surrounding States," seizure activity within the States of Florida, Georgia, North Carolina and Tennessee and seizures along the interstates within these states, when combined with intelligence received at El Paso Intelligence Center (EPIC) from other sources, indicate the existence of a major drug smuggling corridor within these states. Many of the drugs, confiscated in North Carolina came overland through South Carolina, in order to get to North Carolina. In North Carolina, the highway seizure amounts from 1987 include 47 Kilograms (Kg) of cocaine\crack and 243 Kg of marijuana. In 1988, North Carolina seized 34 Kg of cocaine\crack and 78 Kg of marijuana. In 1989, North Carolina seized 517 Kg of marijuana and 3 Kg of cocaine\crack. The low seizure amounts for cocaine\crack may indicate that the traffickers have become more sophisticated in their cloaking techniques and therefore, are sometimes able to allude law enforcement. North Carolina statistics reflect successful highway drug interdiction efforts. Seizure amounts for CY 87-89 are presented in the table following.

In Georgia, the highway seizure amounts from 1987 include 548 Kg of cocaine\crack and 755 Kg of marijuana. In 1988, Georgia seized 33Kg of cocaine/crack and 458 Kg of marijuana. In 1989, Georgia highway seizures totaled 194 Kg of cocaine/crack and 110 Kg of marijuana. Georgia has consistently remained among the nation's top ten for the most successful interdiction efforts. Georgia's seizures by calendar year are presented in the table following.

Evidence of significant seizure activity along the Interstate Highways 20, 26, 77, 85 and 95, which pass through and intersect South Carolina, is reflected in the seizure statistics of these highways in South Carolina and surrounding states (Georgia, North Carolina and Tennessee). The major smuggling routes (I-20 and I-95), when combined with the other interstates in South Carolina, provide access to major drug and currency smuggling corridors from the Southwest through the Southeast to the Northeastern United States.
The states surrounding South Carolina have implemented successful drug interdiction programs along these and other smuggling routes within these states. The table presented historically reflects the combined activity along I-20, I-26, I-77, I-85 and I-95. The percentage of the national seizure totals that these amounts reflect is also shown.

As the state's largest law enforcement entity, the South Carolina Highway Patrol (SCHP) has been involved in drug enforcement efforts over the last few years. Using the traffic stop as probable cause, in 1989, the South Carolina Highway Patrol made 1,146 arrests during traffic enforcement stops for drug offenses; in these stops troopers confiscated 33.56 pounds (15.26 Kg) of marijuana and 5.53 pounds (2.51 Kg) of cocaine. The patrol made a total of 954,598 traffic stops during 1989 and issued 284,534 citations for speeding violations.

In 1990 the SCHP made 1,251 arrests for drugs during traffic enforcement stops. In these stops troopers confiscated 54.95 pounds (24.98 Kg) of marijuana and 4.1 pounds (1.86 Kg) of cocaine. The total number of traffic stops for 1991 were 538,519.

In 1991 the SCHP made approximately 2,045 arrests for drugs during traffic enforcement stops. In these stops troopers confiscated 216 pounds of marijuana and 14 pounds of cocaine. The total number of traffic stops for 1991 were 551,058.

While making the stops enumerated above, some of which resulted in drug arrests and convictions, the Patrol was hampered by the lack of training and equipment. The state's rapid economic and industrial growth within the last decade has generated increased traffic volume; the number of traffic accidents climbed to a near-record high during this decade. There is a need to train all troopers and further equip members of the South Carolina Highway Patrol, in aggressive criminal enforcement techniques, so that they can effectively join Georgia and North Carolina in drug interdiction efforts and play a more active role in aggressive enforcement to apprehend drug traffickers transporting their illegal goods in and through South Carolina.

The purpose of the South Carolina Highway Patrol's (SCHP) Drug Interdiction Program is to increase drug seizure amounts.

Under Grant # 1F91101, The South Carolina Highway Patrol (SCHP) with the aid and cooperation of the Governor's Office of Highway Safety Programs, established, equipped and trained 14 members of the Highway Patrol to serve as a drug enforcement unit called the Drug Interdiction and Enforcement Team (DIET).

The SCHP developed a comprehensive plan for the SCHP Drug Interdiction and Enforcement Team's participation in efforts involving the reduction of drug trafficking into and throughout South Carolina. The SCHP developed a reporting/tracking mechanism to monitor the time, location, and other pertinent information on drug seizures in order to help pinpoint areas and times of trafficking activity.

The Drug Interdiction and Enforcement Team has been equipped with some of the most technologically advanced equipment on the market today. However, not all equipment provided for under grant 1F91101 has been purchased or installed yet.

With limited equipment and training, the Drug Interdiction and Enforcement Team began work on July 23, 1991 and from that time to July 31, 1992, the Drug Interdiction Enforcement Team has confiscated: 79 lbs, 1 oz., 12.57 grams of marijuana; 10 lbs, 14 ozs., 23.55 grams of cocaine; 2 lbs, 6 oz., 12.48 grams of crack; 10.01 grams of heroin; and 111 squares of LSD. The DIET: issued 5,280 speeding citations; arrested 40 DUI offenders; recovered 14 stolen vehicles; arrested 17 fugitives; seized 30 vehicles and $517,626.09 in cash. However, only a small portion of these property seizures have been returned to the Patrol for their use.

The Drug Interdiction and Enforcement Team Administrator is Captain T.L. Taylor. He is assisted by a Corporal. There are 14 members of the DIET and the K-9 unit. Captain Taylor assigns the areas to be worked on a weekly basis with the help of the 2 Team Leaders: Cpl. J.A. Hunnicutt and Cpl. C.E. Long.

The DIET uses some of the confiscated funds to provide subsistence to the DIET during their time away from Columbia. These confiscated funds allow the DIET to move around the state.

The DIET Team has exceeded initial expectations and will continue to operate the present Drug Interdiction and Enforcement Team as a drug enforcement unit headed by Captain Taylor. He is assisted by a Corporal. There are 14 members of the DIET and the K-9 unit. Captain Taylor assigns the areas to be worked on a weekly basis with the help of the 2 Team Leaders: Cpl. J.A. Hunnicutt and Cpl. C.E. Long. The Patrol wishes to continue to expand this project through the establishment of three more Drug Interdiction and Enforcement Teams; one in each Districts 3, 4 & 5. Each team will consist of 7 troopers. While grant funds will be used to cover the cost of equipment for the new DIE Teams, the agency will cover cost of salaries, mileage and vehicles. The agency's continuing contribution is broken down below.

SCDHPT Revenue Commitment for the ACE Team
Salaries (27,774 X 34) $ 944,316.00
Mileage (45,000 X .21 per mile x 34) $ 321,300.00
Equipment (15,637 X 34) $ 531,658.00
TOTAL $1,797,274.00

The Patrol will continue to collect seizure and conviction data for use by other law enforcement agencies. They will also continue to use the equipment purchased with this grant for many years to come. The Trooper Incentives program will also be continued. This project will be continued through regular budgetary appropriations by the SCHP. This program may be expanded using confiscated drug funds. Appropriate changes will be made, if necessary, based on results.

SOUTH CAROLINA

DEPARTMENT OF CORRECTIONS

During fiscal year 1992, the South Carolina Department of Corrections provided Addictions Treatment Services in five areas: Alcohol/Drug Education, Group Substance Abuse Therapy, Self-Help (Alcoholics Anonymous and Narcotics Anonymous), a 60 day Residential Addictions Treatment Unit (ATU) and Drug urinalysis Screening.

The SCDC is planning on establishing another Residential Addictions Treatment Unit in the Appalachian Region of South Carolina and two (2) 48-bed Therapeutic Communities in the Coastal Region.

The South Carolina Department of Corrections received 12,084 inmates during FY 1992. The following information represents a summary of inmate self-reports about their substance abuse histories:

A. How was the current offense related to substance abuse?

1. Offense committed while under influence of both

alcohol and drugs 3.9%

2. Offense committed under influence of drugs only 7.7%

3. Offense committed under influence of alcohol only 21.4%

4. DUI Offense 4.4%

5. Instrumental to obtaining drug 1.5%

6. Offense involved drug dealing 8.5%

7. Possession at crime 11.5%

8. Not applicable 41.2%

This means that 58.8% of the inmates, according to self-report had offenses in which alcohol/drugs were a contributing factor. This is probably an underestimate.

B. Percentage of inmates acknowledging convictions in the following categories:

CONVICTIONS *DUI PUBLIC DRUNK DRUG OFFENSE

0 71.3 78.7 71.5

1 13.6 9.6 22.1

2 6.6 4.3 4.8

3 4.5 1.8 1.0

4 2.6 0.9 0.3

5+ 1.3 4.6 0.2

C. Inmates acknowledge a substance abuse problem?
Yes 25.8%
No 74.2%

*Actual DUI admissions to the Department for FY'92 was 1,288 or 10.7% of all admissions in FY'92.

The Department's Division of Human Services provided during FY'92 the following services to inmates:

INMATE
SERVICE PARTICIPATION

1. Alcohol/Drug Education Course 4,934
2. Alcohol/Drug Group Therapy 1,501
3. Alcohol/Drug Individual Therapy 83
4. Alcoholics Anonymous Groups 3,558
5. Narcotics Anonymous Groups 662
6. Addictions Treatment Unit 287
7. Other Substance Abuse Programs 438
DRUG TESTING # POSITIVE
(6-1-91 - 5-31-92)
1. Conducted 8,730 Urinalysis Tests at Work Centers 359
2. Conducted 2,416 Urinalysis Tests for Furlough Screenings 1

The Department also has a cooperative agreement with the S.C. Commission on Alcohol and Drug Abuse to provide drug education for inmates who are in the Shock Incarceration Program and to pilot an ADSAP program for inmates.

SOUTH CAROLINA

VOCATIONAL REHABILITATION DEPARTMENT

An integral part of the Department's rehabilitation response to the needs of persons with vocationally handicapping substance abuse problems is Palmetto Center in Florence and Holmesview Center in Greenville. These two residential alcohol treatment centers, operated by Vocational Rehabilitation, provide clients with a comprehensive program of group and individual therapy; vocational assessment; personal and social adjustment training; psychological evaluation; recreational, family, nutritional and media therapy; plus religious and A.A. activities. The length of treatment is either 28 or 56 days, depending on the needs of the particular client, and admission is on a voluntary basis.

Additionally, both centers conduct extensive outpatient services in the form of weekly group therapy sessions for family members of current and past residents and after-care therapy groups as follow-up for residents who have completed their inpatient treatment. The centers also work cooperatively with local nurse training programs to provide their students with exposure to substance abuse treatment.

Referrals to the centers come from human service agencies and interested individuals all over South Carolina. These referrals are coordinated through the local Vocational Rehabilitation counselor to provide initial assessment and establish a service relationship with the individual prior to admission. Following treatment, the local counselor assists the client with aftercare therapy, vocational counseling and job placement. Such a continuum of care is unique and provides optimum opportunity for the client's recovery.

In FY 1991, Palmetto Center in Florence provided residential treatment services to 607 clients, whose average length of stay was 24.2 days, with total client services days of 12,703. Also, 926 treatment hours of group therapy were rendered through Family Therapy.

During this same year, Holmesview Center in Greenville served 359 clients whose average stay was 30 days, totaling 9,930 total client days of service. Also, 1,680 treatment hours of therapy were provided to families and ex-residents in the Non-Resident Program.

In addition, the South Carolina Vocational Rehabilitation Department continues to operate a program in cooperation with the South Carolina Mental Health Department at Earle E. Morris, Jr., Alcohol and Drug Addition Center. This program provides vocational assessment, adjustment training, counseling and referral to local Vocational Rehabilitation counselors for job placement and follow-up services. During FY 1991, Vocational Rehabilitation services were provided to 691 Morris Village residents with 256 referred for follow-up services by Vocational Rehabilitation offices throughout the State and 112 were provided follow-up services after discharge by the Morris Village Vocational Rehabilitation staff.

In addition to this network of specialized facilities and programs, the Department has counselors in the majority of its local offices who specialize in Vocational Rehabilitation services to substance abuse clients. These specialty counselors also serve as liaison with other agencies, such as the county commissions on alcohol and drug abuse, to assure coordinated services to these clients. In some areas, these specialty counselors operate ongoing group counseling sessions to help their clients secure or maintain gainful employment.

In order to better serve the private and public sectors, the South Carolina Vocational Rehabilitation Department has implemented employee intervention programs with a variety of employers. These programs address individual needs of troubled employees before they have to be separated from their present employment due to substance abuse.

The needs of persons with substance abuse problems are complex and place considerable demands on South Carolina's treatment network. Whether these persons are unemployed or in danger of losing their employment, their rehabilitation needs are continuing to be addressed by the South Carolina Vocational Rehabilitation Department as is indicated in the following table.

New Clients Clients
FY Disability Referrals Receiving Rehabilitated
Services
88 Drug
Addiction/Abuse 1,323 2,081 467
Alcoholism 2,190 4,072 1,142

89 Drug
Addiction/Abuse 1,487 2,462 574
Alcoholism 2,091 3,839 1,001

90 Drug
Addiction/Abuse 1,808 2,950 692
Alcoholism 2,193 3,843 1,020

91 Other Drug
Abuse/Depend. 1,717 3,056 771
Alcohol
Abuse/Depend. 2,539 4,293 1,090

92 Other Drug
Abuse/Depend. 2,093 3,471 739
Alcohol
Abuse/Depend. 2,780 4,837 1,170

SOUTH CAROLINA

DEPARTMENT OF EDUCATION

The State Department of Education created a team to devote its efforts to alcohol and drug problems that exist in the state. The Drug-Free Schools and Community Team was formed to administer, direct and maintain the Drug-Free Schools federal grant. For the sixth consecutive year, the leadership provided by the State Department of Education ensured the continued participation of all ninety-one school districts in the program, an exceptional accomplishment recognized by the US Department of Education. In order to participate in the program, each district must have in place an active community advisory board and a K-12 drug and alcohol prevention curriculum. A drug free workplace policy is also provided by each district as a portion of their grant requirement.

Project Drug Abuse Resistance Education (Project D.A.R.E) was expanded in the state with two training classes of certified law enforcement officers from forty local school districts completing the training. Each officer taught a seventeen-week lesson to fifth or sixth grade students during the school year. All reports indicate that the program was very effective. There are one hundred eighty-four D.A.R.E. trained officers teaching the curriculum. During the 1992-93 year we anticipate continued expansion.

The team sponsored three regional two day workshops for junior high and high schools interested in implementing "The New Model Me". This National Diffusion Network model is an effective program designed to meet the needs of at-risk students. Sixty participants completed the training and received necessary material to implement the program. During the 1992-93 school year, we have scheduled two additional two-day training workshops.

The team sponsored the Sixth Annual Coaches, Athletic Directors and Student Athletes Conference in May 1992. Two hundred forty-five participants attended the conference. The team will continue to provide leadership in drug prevention activities to this important group of educators by sponsoring the seventh annual conference in May 1993.

Seven school districts in six counties established demonstration sites for development and implementation of Student Assistance Programs. This program addresses early identification, assessment, referral support and case management of alcohol and other drug related problems of students. Seven additional districts have implemented the program, and three cycles of training are scheduled for 1992-93.

THIRD READING BILLS

The following Bills were read the third time, passed and ordered sent to the House of Representatives:

S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.

S. 296 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

S. 297 -- Senator Reese: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT.

S. 322 -- Senators Giese, Patterson, Courson and Jackson: A BILL TO PROHIBIT A RICHLAND COUNTY RESIDENT FROM BEING TAXED OR CHARGED A FEE FOR WATER OR SEWERAGE SERVICE IF HE DOES NOT RECEIVE THE SERVICE AND PROVIDE FOR A REFUND PLUS INTEREST IF PAYMENT IS MADE.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.

(By prior motion of Senator SETZLER, with unanimous consent)

ADJOURNMENT

At 11:22 A.M., on motion of Senator LANDER, the Senate adjourned to meet next Tuesday, February 2, 1993, at 12:00 Noon.

* * *

This web page was last updated on Monday, June 29, 2009 at 4:08 P.M.