SENATE JOURNAL for Jan. 28, 1994 - South Carolina Legislature Online

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

Friday, January 28, 1994

(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 WILSON.

REPORT RECEIVED

REPORT OF THE

JOINT LEGISLATIVE COMMITTEE

TO STUDY THE PROBLEMS OF

ALCOHOL AND DRUG ABUSE

1991 - 1992

JANUARY 1994

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 Bessie Moody-Lawrence
/S/ Representative Harry Stille

GOVERNOR'S APPOINTEES:
/S/ Mrs. Leslie Harrison
/S/ Mrs. Tippi Craig
/S/ Mr. Jarvis Klapman

JOINT LEGISLATIVE COMMITTEE TO STUDY

THE PROBLEMS OF ALCOHOL AND DRUG ABUSE

The 1992-93 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 1992-93 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 Alcohol & AIDS, Restructuring the ABC Commission, Alcohol and Drugs within the Department of Corrections, Alternatives to Institutionalization, Administrative License Revocation, Child Endangerment and .00 BAC for Drivers under 21.
Members were instrumental in the passage of major legislative proposals as follows:

S. 87 -- Senator McConnell: A bill to amend Section 61-3-1000, as amended, relating to structural and other requirements for retail alcoholic liquor stores, so as to authorize signs which indicate whether the business is open or closed. Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Labor, Commerce & Industry, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R20), Signed by Governor (3-23-93), ACT 11

S. 170 -- Senator Giese: A bill to amend Section 40-43-150, as amended, relating to the sale of prescription drugs, so as to also require a prescription for the sale of certain devices used in diagnosis and treatment and to provide requirements for an emergency refill of a prescription drug. Referred to Medical Affairs, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Labor, Commerce & Industry, Recalled & Referred to 3M, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R143), Signed by Governor (6-11-93), ACT 79

S. 622 SEE H. 4051 -- Senator Bryan: A bill to amend Section 40-43-150, as amended, relating to certain drugs that only may be sold on prescription, so as to include physicians' assistants among those professionals who may prescribe medications; to amend Section 40-47-25, as amended, relating to physicians' assistants, so as to delete provisions relating to the number of assistants a physician may supervise; and to amend section 44-53-290, relating to registration for manufacturing, distributing, or dispensing controlled substances, so as to authorize the department to issue registrations to nurse practitioners and physicians' assistants for prescribing schedule v controlled substances. Referred to Medical Affairs, Polled out Favorably, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Returned to Senate, Senate Concurred, Enrolled, (R163), Signed by Governor, (6-14-93), ACT 124

H. 3112 -- Reps. Wilkins and Hodges: A bill to amend 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, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Returned to House w/ amendments, House Concurred, Enrolled (R114), Signed by Governor (5-17-93), ACT 58

H. 3151 -- Representatives Wilkins, Hodges, Jennings and Clyborne: A bill to amend Section 16-1-10, as amended, relating to felonies, so as to provide a classification system for all felony and misdemeanor crimes and offenses and exceptions; to amend section 16-1-20, relating to classification of other crimes, so as to provide the maximum term of imprisonment, to exempt offenses which refer to a mandatory minimum term of imprisonment, and to provide exceptions... Referred to Judiciary, Recalled, Debate Adjourned, 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, House Nonconcurred, House Conference Members -- Wilkins, Beatty, Hodges, Senate Conference Members -- Holland, Stilwell, Courtney, Conference Report Received & Adopted, Enrolled, (R275), Signed by Governor, (6-21-93), ACT 184

H. 3174 -- Rep. Felder: A bill to amend Section 61-9-315, relating to the regulation of beer manufacturers, brewers, importers, wholesalers, and retailers, so as to define ownership and financial interest in beer operations as regards tiers in the industry. Referred to Labor, Commerce & Industry, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Returned to House, House Concurred, Enrolled, (R140), Signed by Governor, (5-24-93), ACT 78

H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A bill to amend Section 61-3-510, relating to applications for licenses issued by the ABC Commission, so as to require that the person applying for the license must be the same person who will have actual control and management of the business proposed to be operated. 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, Rec'd 3rd, Returned to House, House Concurred, Enrolled, (R245), Signed by Governor, (6-11-93), ACT 112

H. 3676 SEE S. 534 -- Rep. Sheheen: A bill to amend Section 56-1-40, relating to persons who must not be licensed, so as to prohibit renewal of driver's licenses, to add to the list of prohibitions persons whose licenses are suspended or revoked and persons who are not residents of the united states. On calendar without reference, Rec'd 2nd, Rec'd 3rd, Sent to Senate, On Calendar without reference, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House, House Concurred, Enrolled, (R55), Signed by Governor (4-22-93), ACT 26

H. 3684 SEE S. 538 -- Rep. Fair: A bill to amend by adding Section 20-7-781 so as to provide that certain information contained in official juvenile records may be released to school officials, and to provide procedures for requests. Referred to Judiciary, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Education, Recalled - Placed on Calendar without Reference, Rec'd 2nd, Rec'd 3rd, Enrolled, (R257), Signed by Governor, (6-11-93), ACT 117

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. During the past legislative session Representative Mike Fair, held a subcommittee meeting to receive testimony on the issues of ABC Restructuring and changing the current mini-bottle system. At this meeting the Subcommittee heard extended testimony from various interested parties and state agencies.

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 1994 Legislative Session.

The following is a Legislative Status Report of bills introduced during the 1992-93 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted will be pending in the 1993-94 Legislative Session.

S. 9 -- Senator Martin: A bill to amend Section 56-5-6240, 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 fourth or subsequent, violation of DUS (driving under suspension) and upon a second or subsequent, rather than a fourth or subsequent, violation of DUI (driving under the influence), and to provide for such forfeiture upon a second or subsequent violation within the last ten years of knowingly operating an uninsured motor vehicle subject to registration in this state or knowingly allowing the operation of an uninsured motor vehicle subject to registration in this state. Referred to Transportation

S. 14 -- Senator Mitchell: A bill to amend by adding Section 56-5-2925 so as to prohibit negligent driving and to provide a penalty. Referred to Transportation

S. 25 -- SEE H. 3012 Senator Bryan: A bill to amend by adding Section 38-71-737 so as to require an offer of coverage for mental illness in group health insurance policies and provide exemptions for health insurance plans which offer the coverage. Referred to Banking & Insurance

S. 36 -- Senator Passailaigue: 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 1993", to provide a penalty, and to establish the state controlled substances tax account. Referred to Finance

S. 75 -- Senator Rose: A bill to amend Title 44, relating to health, by adding Chapter 60 so as to enact the South Carolina 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 Judiciary

S. 76 -- Senator McConnell: A Joint Resolution proposing an amendment to Section 15, Article I of the Constitution of South Carolina, 1895, relating to bail, cruel, unusual and corporal punishment, and detention of witnesses, so as to provide for the offenses for which and the circumstances under which bail may be denied. Referred to Judiciary

S. 81 -- Senators McConnell and Passailaigue: A Joint Resolution proposing an amendment to Article I of the Constitution of South Carolina, 1895, relating to Declaration of Rights, by adding section 24 so as to provide for the "Victims' Bill of Rights". Referred to Judiciary

S. 118 -- Senator Rose: A bill to amend by adding Chapter 97 to Title 44 so as to provide for the protection against pollution from litter by regulating the use of certain beverage containers and provide penalties for violations. Referred to Medical Affairs

S. 132 -- Senator Rose: A bill to amend by adding Section 61-9-150 so as to prohibit the sale of 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 provide penalties for violations. Referred to Judiciary

S. 150 -- 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" so as to require that physicians provide counseling to pregnant women on these effects; etc... Referred to Medical Affairs, Recalled & Referred to Judiciary

S. 153 -- Senator Rose: A bill to amend Article 5 to Chapter 13, Title 61, so as to prohibit the advertising and marketing of alcoholic beverages and youth consumer goods to minors; to amend Section 61-3-20, pertaining to alcoholic beverages, so as to define additional terms; and to amend Section 16-17-500, relating to supplying tobacco to minors, so as to prohibit the advertising and marketing of tobacco to minors. Referred to Judiciary

S. 155 -- 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, Recalled & Referred to Judiciary, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M

S. 182 -- Senators Hayes, Stilwell and Martin: 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. 186 -- SEE H. 3134 & H. 3232 Senator Passailaigue: A bill to amend by adding Section 56-5-2941 so as to provide that the court in sentencing a person convicted of operating a motor vehicle under the influence of intoxicating liquor or drugs, whether or not the person is a first or subsequent offender and if he is a resident of this state, may require an ignition interlock device to be affixed to the vehicle the person was driving if registered and licensed in his name or the name of a member of his immediate family, and to provide for the terms and conditions of the use of this ignition interlock device. Referred to Judiciary

S. 191 -- Senators Hayes, Waldrep, Wilson and Martin: 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 by weight of alcohol, to provide penalties for violations, to provide that those persons have given their implied consent to certain tests to determine the alcohol content of their blood, to provide the manner in which and procedures under which these tests must be administered, and to provide for certain suspensions of the driving privileges of those persons who refuse to take tests or whose blood alcohol content, as a result of the tests, is two one-hundredths of one percent or greater. Referred to Judiciary

S. 197 -- Senators Hayes, Waldrep, Wilson and Martin: A bill to amend Section 44-53-520, as amended, 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

S. 271 -- 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; ... so as to provide that in addition to all other penalties provided by law a person may have his license to drive suspended for six months if he is convicted of, or pleads guilty or nolo contendere to, ... or pleads guilty or nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period, and provide that this suspension can be waived only upon a showing to the commissioner of extreme hardship and substantial rehabilitation;...Referred to Banking & Insurance
S. 323 -- SEE H.3353 & H. 3430 Senators Moore, Wilson, Giese, Ryberg, Stilwell, Richter, Mescher and Waldrep: A bill to abolish the SC ABC Commission and transfer its regulatory powers, duties, and responsibilities to the SC Tax Commission and its regulation and law enforcement and inspection responsibilities to SLED; to amend Sections 61-1-10 and 61-1-20, relating to the ABC Commission, so as to abolish the Commission and provide for the appointment of an ABC hearing officer within the Tax Commission to be appointed by the Governor with the advice and consent of the Senate, to provide for the term, duties, powers, and qualifications of the officer; to amend Sections 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, and Section 61-3-20, relating to the enforcement of regulations governing alcoholic beverages and beer and wine, prohibitions as to certain activities or interests by members or employees of the ABC Commission; authorization to the commission to issue regulations, authority of the commission to impose penalties, appeals from decisions of the Commission, condition under which license issued by the commission must be surrendered...Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Amended, Rec'd 3rd, Sent to House, Referred to Judiciary

S. 332 -- Senators Passailaigue and McConnell: A bill to amend Chapter 9, Title 61, relating to permits for the retail sale of beer, ale, porter, and wine, so as to provide an optional permit which allows sales and consumption without regard to the restrictions on the days and hours provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130; and to amend Section 12-37-250, as amended, relating to the homestead tax exemption, so as to increase the amount of real property exempted from taxation from the first twenty thousand dollars of fair market value to the first thirty thousand dollars. Referred to Finance

S. 383 -- SEE S. 395 & H. 3131 Senator Giese: A bill to amend Section 17-22-50, as amended, 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. 395 -- SEE S. 383 & H. 3131 Senator Giese: A bill to amend Section 56-1-746, as amended, relating to the suspension of the driver's license of persons convicted of certain driver's license and alcohol-related offenses, so as to provide that the license of a person accepted into a pretrial intervention program on being charged with one of these offenses may be suspended as if the person was convicted and to require the circuit solicitor to report the person's acceptance into the program to the department of highways and public transportation. Referred to Judiciary

S. 452 -- Senators Thomas and Passailaigue: A bill to amend Section 61-5-20, relating to the transportation, possession, and consumption of alcoholic liquor, so as to delete the provisions for alcoholic liquors in sealed containers of two ounces or less and provide for alcoholic liquor by the drink; and to amend section 61-5-130, relating to the tax on alcoholic liquors in sealed containers of two ounces or less, so as to delete the tax on the containers and related requirements and provide for a tax on each liter. Referred to Judiciary

S. 474 -- Senator Thomas: A bill to amend by adding Section 61-13-890 so as to prohibit certain activities by a person employed by or performing activities incidental to the business of a person licensed or permitted for the sale of alcoholic liquors, beer, or wine and provide exceptions and penalties. Referred to Judiciary

S. 523 -- Senator Thomas: A bill to amend by adding Section 56-5-2995 so as to provide additional penalties for driving while under the influence of alcohol or drugs by confiscating the motor vehicle being operated. Referred to Transportation

S. 533 -- SEE H. 3638 Senators J. Verne Smith, Hayes, Thomas, Wilson, Leatherman, Courson, Martin and Peeler: A bill to amend Section 56-5-2950, relating to the implied consent to chemical breath tests to determine the presence of alcohol or drugs in operators of motor vehicles, so as to increase from ninety to one hundred twenty days the time a driver's license must be suspended for refusal to submit to a chemical breath test, and to amend by adding Section 56-5-2953 so as to provide that a person charged with driving under the influence whose blood alcohol concentration is ten one-hundredths of one percent or more must have his driver's license suspended for a period of three months whether or not a criminal conviction results, to establish certain procedural requirements pertaining to this provision, and to establish certain procedures whereby persons who refuse to submit to chemical breath tests or whose blood alcohol concentration is ten one-hundredths of one percent or more shall have their driver's licenses immediately seized and the required suspension expedited. Referred to Transportation

S. 534 Companion Bill Passed SEE H. 3676 -- Senator Macaulay: A bill to amend Section 56-1-40, relating to persons who must not be licensed, so as to prohibit renewal of driver's licenses, to add to the list of prohibitions persons whose licenses are suspended or revoked, persons who are not residents of the united states, and persons with physical and mental disabilities who the department, with good cause, believes are not capable of safely operating a motor vehicle. On Calendar without reference, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Education & Public Works

S. 538 Companion Bill Passed SEE H. 3684 -- Senator Hayes: A bill to amend by adding Section 20-7-781 so as to provide that certain information contained in official juvenile records may be released to school officials, and to provide procedures for requests. Referred to Education

S. 711 -- Senator Rose: A bill to amend Section 61-9-50, relating to the presentation of false information to purchase beer or wine, so as to prohibit an attempt to purchase with false verbal or written information and authorize the seller to retain the age identification used in a violation; and to amend section 61-9-70, relating to penalties pertaining to the purchase, so as to increase the fine and term of imprisonment and provide for suspension of a driver's license. Referred to Judiciary

S. 731 -- Senators Elliott, Greg Smith and Rankin: A bill to amend Chapter 5, Title 61, relating to regulation of transportation, possession, consumption, and sale of alcoholic beverages, by adding section 61-5-185 relating to licensing of bona fide nonprofit organizations and business establishments under section 61-5-50 when located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed six million dollars. Placed on Calendar without reference, Rec'd 2nd, Amended, Rec'd 3rd, Sent to House, Referred to Labor, Commerce & Industry

S. 822 -- Senators Bryan, Moore, Thomas, Russell, Ford, Jackson, Martin, Richter and Giese: A bill to amend by adding Section 12-21-695 so to require retailers selling tobacco products to obtain a tobacco sales license from the SC Tax Commission, to allow tobacco products sales only to persons 18 years of age or older, and to provide penalties; to add Section 16-17-505 so as to create offenses for distributing tobacco samples, coupons, or other promotional materials to persons under 18 years of age and to provide penalties and an affirmative defense; to require the SC Tax Commission to provide information on tobacco sales licenses to affected retail license holders; and to repeal Section 16-17-500 relating to the unlawful sale of tobacco products to minors. Referred to Judiciary

H. 3012 -- SEE S. 25 Reps. P. Harris, Carnell, J. Harris and Mattos: A bill to amend by adding section 38-71-737 so as to require an offer of coverage for mental illness in group health insurance policies and provide exemptions for health insurance plans which offer the coverage. Referred to Labor, Commerce & Industry

H. 3031 -- Rep. J. Bailey: 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 than recommendation of the County Delegation. Referred to Charleston Delegation, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Placed on Calendar without Reference

H. 3113 -- Reps. Sturkie, Wright, Shissias, Corning, Jaskwhich and Wells: A bill to amend Act 503 of 1990, the Clean Indoor Air Act, so as to prohibit smoking in the indoor public areas of all food service establishments, to define "food service establishment"; and to designate the provisions of the Clean Indoor Air Act as Chapter 95, Title 44. Referred to Agriculture & Natural Resources

H. 3131 -- SEE S. 383 & 395 Rep. Kirsh: A bill to amend Section 56-1-745, as amended, relating to driver's license suspension due to certain misuse of driver's license offenses and underage purchase and possession of alcohol offenses, so as to provide that if a person is accepted into a pretrial intervention program for any such offense, the person's driver's license must be suspended. Referred to Judiciary

H. 3134 -- SEE S. 186 & H. 3232 Reps. Snow, Cobb-Hunter, Haskins, Riser, Rudnick, Allison, Littlejohn, Byrd, J. Harris, Wells, Chamblee, Davenport, Baxley, Law, McTeer, Walker, Richardson, Stone, Cromer and Kennedy: A bill to amend by adding Section 56-5-2941 so as to provide that the court in sentencing a person convicted of operating a motor vehicle under the influence of intoxicating liquor or drugs, whether or not the person is a first or subsequent offender and if he is a resident of this state, may require an ignition interlock device to be affixed to the vehicle the person was driving if registered and licensed in his name or the name of a member of his immediate family, and to provide for the terms and conditions of the use of this ignition interlock device. Referred to Judiciary

H. 3138 -- Reps. Corning, A. Young, Shissias, Harrison, Jaskwhich, Allison, Robinson, Huff, Quinn, Wells, Haskins, Cato, Vaughn, Fair, Wilkins and Stone: a bill to amend by adding Section 56-1-285 so as to provide for a six-month's suspension of the driver's license of a person under the age of twenty-one operating a motor vehicle who has a blood alcohol content in excess of three one-hundredths of one percent, to provide that licensed drivers under twenty-one have consented to be tested, to limit testing to incidents in which a person has been arrested for a traffic offense, to prescribe the method and procedures for testing and require an automatic six-month's suspension for refusal to be tested, to provide that the suspension begins immediately upon the officer taking possession of the license, to provide for an administrative hearing on the suspension at the driver's request, and to provide that a person whose license is suspended is not required to file proof of financial responsibility. Referred to Judiciary

H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A bill to amend by adding Chapter 10 to Title 61 so as to provide for the establishment, operation, and permitting of brewpubs, promulgation of regulations including provisions for fees, and penalties. Referred to Labor, Commerce & Industry, Favorable w/ amendment, Objects by Cato & others

H. 3201 -- Reps. Marchbanks, Littlejohn, H. Brown, A. Young, Wilkins, Holt, Vaughn, Fair, Hallman, Harrell, Govan, Hutson, White, Shissias, Harrison, Walker, Trotter, Byrd, Neal, Meacham, Hines, Stille, Koon, Law, T.C. Alexander, Cato, Clyborne, Mattos, M.O. Alexander, Richardson, Stuart, Robinson, Cooper, Moody-Lawrence, Simrill, Allison and Stone: A bill to amend Section 56-5-6250, relating to the determination of prior convictions under the uniform act regulating traffic on highways, so as to provide that prior DUI convictions may not be disregarded in a plea bargain on a DUI charge. Referred to Judiciary

H. 3204 -- Rep. 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 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. 3232 -- SEE S. 186 & H. 3134 Reps. Rudnick, J. Harris, Cobb-Hunter, Corning, Davenport, Robinson, J. Bailey and Richardson: A bill to amend by adding Section 56-5-2942 so as to require, under certain conditions, an ignition interlock device to be affixed to the vehicle of a person convicted of operating a motor vehicle under the influence of intoxicating liquor or drugs. Referred to Judiciary

H. 3259 -- Reps. Sheheen, M.O. Alexander, Hodges, Cromer, McElveen, Wilkins, Huff, Rogers and Felder: A bill to amend Chapter 23 of Title 1, relating to state agency rule making and adjudication of contested cases by adding Article 5 so as to establish the SC Administrative Law Judge Division the judges of which individually shall hear, determine, and preside over contested cases of certain state agencies and commissions...Referred to Judiciary

H. 3260 -- Reps. Sheheen, Hodges, Quinn, Wilkins, Huff, Rogers, M.O. Alexander and Clyborne:
A bill to enact the SC Law Enforcement Efficiency and Consolidation Act of 1993 by amending Article 1, Chapter 3 of Title 23, relating to SLED, Chapter 5, Title 23, relating to the State Highway Patrol; Sections 57-3-10, 57-3-30, and 57-3-610, and adding section 57-3-615 relating to various Department of Highways and Public Transportation provisions; Article 3, Chapter 3 of Title 58, relating to the law enforcement department of the Public Service Commission; and Sections 61-1-60, 61-3-220, 61-5-100, 61-5-140, 61-9-1050, 61-13-410, 61-13-810, and 61-13-836, relating to the ABC Commission and the enforcement of certain ABC laws, so as to provide that SLED is responsible for the enforcement of all criminal laws, including traffic offenses, misdemeanors, and felonies, and civil laws, the violation of which may result in a fine or other penalty being assessed against the violator, which laws are now enforced by personnel employed by and under the jurisdiction of the ABC Commission... and to provide for certain transitional provisions including the transfer of personnel, appropriations, and property. Referred to Judiciary

H. 3288 -- Rep. Fair: A bill to amend Section 61-3-740, relating to suspension or revocation of licenses issued by the ABC Commission, and Section 61-13-290, relating to the unlawful sale of alcoholic liquor to a person under twenty-one years of age, so as to provide for revocation of a license for a violation of Section 61-13-290. Referred to Labor, Commerce & Industry

H. 3291 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Robinson, Cato, A. Young, Marchbanks, Meacham, Haskins, Wilkins, D. Wilder, Wells and Clyborne: 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 one one-hundredths of one percent or greater by weight of alcohol, to provide penalties for violations, to provide that those persons have given their implied consent to certain tests to determine the alcohol content of their blood, to provide the manner in which and procedures under which these tests must be administered, and to provide for certain suspensions of the driving privileges of those persons who refuse to take tests or whose blood alcohol content, as a result of the tests, is one one-hundredths of one percent or greater. Referred to Judiciary

H. 3292 -- Reps. Fair, Snow, Simrill, Fulmer, Cato, Gamble, Stone, Meacham, A. Young, Wilkins, Haskins, Wells and Clyborne: 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 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. Referred to Judiciary

H. 3293 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Stuart, Cato, Robinson, Haskins, Wells, Clyborne, A. Young, Cromer, Wilkins, Marchbanks, D. Wilder, Stone, Meacham, J. Wilder and Spearman: 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 determine the presence of alcohol or drugs in him. Referred to Judiciary

H. 3294 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Stuart, A. Young, Robinson, Marchbanks, Cato, Stone, Meacham, Wilkins and D. Wilder: A bill to amend Section 56-1-746, as amended, relating to the suspension of the driver's license of persons convicted of certain driver's license and alcohol-related offenses, so as to provide that the license of a person accepted into a pretrial intervention program on being charged with one of these offenses 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 Judiciary

H. 3301 -- Reps. Neilson, Hines, Davenport, Canty, Harwell, Moody-Lawrence, Byrd, A. Young and Riser: 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 procedures for the confidentiality, reliability, and fairness of this drug testing. Referred to Judiciary

H. 3306 -- Reps. Corning, Holt, Fulmer, R. Young, Kinon, Byrd, J. Bailey, Hallman and Keyserling: A bill to amend by adding Section 61-9-312 so as to provide for a special version of a retail beer and wine permit for off-premises consumption only with no restrictions on the days or hours of sales; and to require the alcoholic beverage control commission to prorate the special retail permit fee provided in Section 61-9-312 for the 1993-94 license year. Referred to Labor, Commerce & Industry

H. 3329 -- Rep. Sheheen: A bill to amend Sections 20-7-600, 20-7-770, 20-7-780, and 20-7-3300, all as amended, and Section 20-7-1335, relating to the confidentiality of juvenile criminal records, so as to remove the confidentiality of these records for violent crimes, for crimes in which an illegal weapon was used, and for violations of the "narcotics and controlled substances" article; to allow fingerprinting and the release to the public of the name, identity, and picture of a juvenile charged with these crimes; and to prohibit expungement of these records. Referred to Judiciary

H. 3341 -- Reps. Davenport, Allison, Beatty, Lanford, Littlejohn, D. Smith, Vaughn, Walker, Wells, D. Wilder, Farr, McCraw and Phillips: A joint resolution to direct the SCCADA to allocate to the Spartanburg Alcohol and Drug Abuse Commission a portion of federal funds appropriated to the state under public law 102-321 to establish a detoxification program to serve women and youth in Spartanburg, Union, and Cherokee counties. Referred to Ways & Means

H. 3345 -- Reps. Jennings, Martin and Huff: A bill to amend by adding Section 56-1-285 so as to provide that the Department of Highways and Public Transportation shall suspend for ninety days the driver's license of any person under the age of twenty-one who is determined to have a blood alcohol content of four one-hundredths of one percent or above when operating a motor vehicle, to provide the procedures to be followed for this suspension and that it is in addition to any other penalties imposed by law; to amend by adding Section 56-1-286 so as to provide that the Department shall suspend for ninety days the driver's license of any person twenty-one years of age or older who is determined to have a blood alcohol content of fifteen one-hundredths of one percent or above when operating a motor vehicle, to provide the procedures to be followed for this suspension and that it is in addition to any other penalties imposed by law; and to amend the 1976 code by adding Section 56-5-2951 so as to provide that a person arrested for certain violations of law regarding the consumption of alcohol while driving a motor vehicle must have his conduct videotaped at the location he is taken for purposes of administering a chemical test of his breath, to provide the procedures which must be followed for this videotaping and for the fee to be assessed in these cases. Referred to Judiciary, Favorable w/ amendment, Referred to Ways & Means

H. 3353 -- SEE S. 323 & H. 3430 Rep. Fair: A bill to abolish the SC ABC Commission and transfer its regulatory powers, duties, and responsibilities to the SC Tax Commission and its regulation and law enforcement and inspection responsibilities to SLED; to amend by adding Section 61-1-100 so as to provide for approval of a new application for a license or permit issued under Title 61 by a local planning commission, provide for license and permit renewal, and define local planning commission; to amend Sections 61-1-10 and 61-1-20, relating to the ABC Commission, so as to abolish the Commission and provide for the appointment of an ABC hearing officer within the Tax Commission to be appointed by the Governor with the advice and consent of the Senate and for the term, duties, powers, and qualifications of the officer; to amend Sections 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, and 61-3-20, relating to the enforcement of regulations governing alcoholic beverages and beer and wine, prohibitions as to certain activities or interests by members or employees of the ABC Commission...Referred to Judiciary

H. 3430 -- SEE S. 323 & H. 3353 Rep. Harrelson: A bill to enact the SC Law Enforcement Commission Act of 1993 by adding Chapter 49 to Title 23, so as to create the SC Law Enforcement Commission, provide for its membership, duties and powers and responsibilities;... and 61-13-836, relating to the ABC Commission and the enforcement of certain alcoholic beverage laws, and so as to provide that the SC Law Enforcement Commission is responsible for the enforcement of all criminal laws, including traffic offenses, misdemeanors, and felonies, and civil laws, which are now enforced by personnel employed by and under the jurisdiction of the ABC Commission, the Department of Highways and Public Transportation, the Wildlife and Marine Resources Commission... to abolish the SC ABC Commission and transfer its regulatory powers, duties, and responsibilities to the SC Tax Commission and its regulation and law enforcement and inspection responsibilities to the SC Law Enforcement Commission; to amend Sections 61-1-10 and 61-1-20, relating to the ABC Commission, so as to abolish the Commission and provide for the appointment of an ABC hearing officer within the Tax Commission to be appointed by the Governor with the advice and consent of the Senate, to provide for the term, duties, powers, and qualifications of the officer; to amend Sections 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, and Section 61-3-20, relating to the enforcement of regulations governing alcoholic beverages and beer and wine... Referred to Judiciary

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A bill to amend Title 8, 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 & Industry

H. 3571 -- Rep. Harwell: A Joint Resolution proposing an amendment to Section 14, Article III of the Constitution of SC, 1895, relating to immunity from prosecution for members of the general assembly during the legislative session, so as to provide that this immunity from prosecution does not extend to traffic offenses involving reckless driving or operating a motor vehicle under the influence of alcohol or drugs and to provide that the general assembly by law may also impose penalties or sanctions on its members, including the loss of legislative license plates, upon conviction for multiple traffic offenses. Referred to Judiciary

H. 3590 -- Rep. Farr: A bill to amend Section 20-7-410, relating to reports of traffic violations by juveniles, so as to include all violations which affect the juvenile's privilege to operate a motor vehicle. Referred to Judiciary

H. 3594 -- Rep. T.C. Alexander: A bill to amend by adding Section 61-1-105 so as to provide for a refund of a portion of a biennial license or permit when a licensee or permittee dies or closes the business. Referred to Ways & Means, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary

H. 3638 -- SEE S 533 Reps. Wilkins, Clyborne, Huff, Quinn, Wright, Corning and Baxley: A bill to amend Section 56-5-2950, to the implied consent to chemical breath tests to determine the presence of alcohol or drugs in operators of motor vehicles, so as to increase from ninety to one hundred twenty days the time a driver's license must be suspended for refusal to submit to a chemical breath test, and to amend the code by adding Section 56-5-2953 so as to provide that a person charged with driving under the influence whose blood alcohol concentration is ten one-hundredths of one percent or more must have his driver's license suspended for a period of three months whether or not a criminal conviction results, to establish certain procedural requirements pertaining to this provision, and to establish certain procedures whereby persons who refuse to submit to chemical breath tests or whose blood alcohol concentration is ten one-hundredths of one percent or more shall have their driver's licenses immediately seized and the required suspension expedited. Referred to Judiciary

H. 3720 -- Reps. Gonzales, A. Young, Barber, J. Bailey, Harrell, Fulmer, Wofford, Holt, Meacham, Simrill, Riser, Richardson, Vaughn, Whipper, Byrd, Inabinett, Breeland, McTeer, H. Brown, Hines and M.O. Alexander: 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 pre-empts 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 & Industry

H. 3747 -- Reps. Wilkins, Hodges and Huff: A bill to amend Section 61-13-287, relating to the transfer or gift of beer, wine, or alcoholic liquor to a person under twenty-one years of age, so as to delete the references to giving and consumption, provide for the section to apply to the transfer of possession, and revise the exceptions. Referred to Judiciary

H. 3786 -- Reps. Simrill, Harrelson, G. Brown, R. Smith, G. Bailey, Neilson, Hines, Phillips, Davenport, Walker, Shissias, Littlejohn, Allison, Wofford, Stone, Stuart, Meacham, Robinson, Trotter, White, Wright, Neal, McTeer, Thomas, Quinn, Hutson, Corning, Harrell, D. Wilder and Gonzales: A bill to amend Section 56-1-515, relating to the unlawful alteration of a motor vehicle driver's license, so as to increase the penalty for violation. Referred to Judiciary

H. 3806 -- Rep. Gonzales: A bill to amend Sections 4-9-25 and 5-7-30, as amended, relating to powers of counties and municipalities, so as to provide that counties and municipalities may prohibit the sale of beer, wine, and alcoholic beverages during certain hours and to provide that existing ordinances prohibiting certain sale hours are confirmed and ratified. Referred to Judiciary

H. 3889 -- Reps. McAbee and R. Young: A bill to amend by adding Article 5 to Chapter 5, Title 61 so as to provide for hospitality cabinets. Referred to Labor, Commerce & Industry, Favorable w/ amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A bill to amend Title 45, relating to hotels, motels, restaurants, and boarding houses, by adding chapter 2, the lodging establishment act, so as to govern the lawful use of lodging establishments and provide penalties for violations. Referred to Labor, Commerce & Industry, Favorable w/ Amendment, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary

H. 3891 -- Reps. Tucker, Jennings and Martin: A bill to amend by adding Section 19-11-65 so as to provide a list of crimes involving moral turpitude that may be used to impeach a witness. Referred to Judiciary

H. 3895 -- Reps. Kelley, Keegan, Wilkes, Hallman, Sharpe, Fulmer, Witherspoon, McAbee, Harrell and Trotter: A bill to amend adding Section 61-5-23 so as to provide a limitation on the issuance of private organization or club sale and consumption licenses by the ABC commission. Referred to Labor, Commerce & Industry

H. 3896 -- Reps. Cromer, T.C. Alexander and Carnell: A bill to amend by adding Section 61-1-115 so as to provide for transfer of a biennial license or permit to sell alcoholic liquors or beer or wine if the location of the business is changed and provide for a refund of a portion of the license or permit fee when a licensee or permittee closes the business or dies. Referred to Labor, Commerce & Industry

H. 3932 -- Rep. Fair: A bill to amend by adding Section 16-17-750 so as to prohibit a practicing homosexual or user of illegal intravenous drugs from donating blood and to provide for penalties; and to amend section 16-1-60, as amended, relating to crimes classified as felonies, so as to include the crime provided for in this act. Referred to 3M

H. 3968 -- Rep. Kirsh: A bill to amend Sections 12-21-1060, 12-37-330, and 12-33-485, relating to the two percent discount on the timely payment of beer and wine license taxes, the two and sixty-five hundredths percent discount, not to exceed seven hundred fifty dollars a month, on the timely payment of the gasoline tax, and the one percent discount, not to exceed forty thousand dollars in a fiscal year, on the timely payment of the alcoholic liquor tax, so as to limit all these discounts to not more than three thousand dollars in one fiscal year. Referred to Ways & Means

H. 4003 -- Reps. Rogers, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: 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 the offense of child endangerment and must be penalized by a mandatory fine or imprisonment not less than one-half of the maximum fine or imprisonment given for the original offense, to provide that the arresting officer shall proceed with emergency protective custody pursuant to certain procedures, and to provide that a person may be convicted of child endangerment in addition to the other offenses. Referred to Judiciary

H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A bill to amend Section 56-5-2910, relating to reckless homicide, so as to increase the term of imprisonment. Referred to Judiciary

H. 4005 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A bill to amend Section 16-1-60, relating to the definition of "violent crime", so as to include the crime of injuring or killing a person while operating a vehicle under the influence of alcohol or drugs as provided in Section 56-5-2945. Referred to Judiciary

H. 4032 -- Reps. Wilkins and Clyborne: A bill to amend by adding Sections 20-7-495, 20-7-496, 20-7-497, and 20-7-498 so as to provide that drug tests must be administered to newborns and their mothers, that positive results must be reported to SC DSS, to provide immunity for good faith reporting, to provide that a newborn testing positive is an abused child, that within twenty-four hours of a positive drug test an assessment must be conducted to indicate services needed, and to make it a criminal offense to cause a newborn to test positive for drugs; to add Section 44-53-443 so as to make it unlawful to ingest controlled substances during pregnancy; to amend Title 44, relating to health, by adding Chapter 54 so as to provide for prenatal alcohol, drug, and cigarette abuse counseling; to require SCDHEC and SCCADA to develop and provide educational materials and to implement an ongoing public relations campaign; and to prohibit a facility from denying a pregnant woman services related to alcohol or drug abuse; to amend Section 20-7-290, relating to health services for minors, so as to provide that these services may be performed without parental consent if an operation essential to the minor's health or life is involved; to amend Section 44-49-40, relating to powers and duties of SCCADA so as to require that the Commission coordinate certain prenatal substance abuse matters; to amend section 59-32-20, relating to the State Department of Education developing a comprehensive health education program, so as to require schools to include prenatal and postnatal use of alcohol, drugs, and cigarettes; to amend section 59-32-30, relating to local school boards to implement a comprehensive health education program, so as to include the prenatal effects of cigarettes, alcohol, and drugs to pregnant women. Referred to 3M

H. 4043 -- Reps. Kelley, McAbee, Keegan and Witherspoon: A bill to amend Section 61-3-1020, as amended, relating to the prohibition on the conduct of other business in retail alcoholic liquor stores, so as to change the references to drinking glassware to nonalcoholic items. Referred to Labor, Commerce & Industry

H. 4051 Companion Bill Passed SEE S. 622 Rep. Wilkes: A bill to amend Section 40-43-150, as amended, relating to certain drugs that only may be sold on prescription, so as to include physicians' assistants among those professionals who may prescribe medications; to amend Section 40-47-25, as amended, relating to physicians' assistants, so as to delete provisions relating to the number of assistants a physician may supervise; and to amend section 44-53-290, relating to registration for manufacturing, distributing, or dispensing controlled substances, so as to authorize the department to issue registrations to nurse practitioners and physicians' assistants for prescribing Schedule V controlled substances. Referred to 3M

H. 4055 -- Reps. Rogers, Meacham, G. Bailey, Wofford, Barber, Fulmer, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, Vaughn and H. Brown: A Joint Resolution proposing an amendment to Article I of the Constitution of SC, 1895, relating to declaration of rights, by adding Section 24 so as to provide for the "Victims' Bill of Rights". Referred to Judiciary

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A bill to amend Chapter 3, Title 16, by adding Article 16 so as to create the Crime Victim's Advocate of SC and provide powers and duties. Referred to Judiciary

H. 4066 -- Reps. Govan, Moody-Lawrence, Kirsh and Fair: A bill to amend by adding Section 16-17-760 so as to prohibit the sale and use of cigarette or tobacco paper. Referred to Labor, Commerce & Industry

H. 4118 -- Reps. Neal, Moody-Lawrence, Inabinett, Cobb-Hunter, Whipper, Anderson and Beatty: A bill to amend Section 12-21-620, relating to tax rates on products containing tobacco, so as to increase taxes on each cigarette from three and one-half mills to ten mills, and to dedicate this increase to supplement medicaid funding. Referred to Ways & Means

H. 4245 -- Reps. Whipper, Harrelson, Mattos, Worley, Neilson, Inabinett, G. Bailey, Delleney, Felder, White, Holt, Fulmer, Hallman, Shissias, McTeer, Govan, Farr, Breeland, Simrill, Harrison, Stille, Harrell, Corning, Barber, Scott, Hutson, Houck, Phillips, Meacham, A. Young, Davenport and Harwell: A bill to amend by adding Section 16-3-1045 so as to make it unlawful for any person at least eighteen years of age to use, solicit, induce, coerce, or employ a person under eighteen to commit a violent crime or the crime of lynching, to also make it unlawful to conspire to do the above, to provide penalties for violation, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add the above offenses which are made felonies to this list. Referred to Judiciary

PASSED
S. 87 -- Senator McConnell: A bill to amend Section 61-3-1000, as amended, relating to structural and other requirements for retail alcoholic liquor stores, so as to authorize signs which indicate whether the business is open or closed. Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to Labor, Commerce & Industry, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R20), Signed by Governor (3-23-93), ACT 11

TABLED
H. 3025 -- Rep. Tucker: To abolish the SC ABC commission as a separate agency or department of state government; to transfer all of the powers, duties, functions, rights, and privileges of the SC ABC commission to SLED; to provide that SLED shall maintain and operate a division of alcoholic beverage control for the purposes of administering all of the provisions of law formerly administered by the ABC commission;...to amend Section 61-1-40, relating to the transfer of certain powers and duties of the tax commission to the ABC commission, so as to, among other things, delete certain language and provide that all powers and duties under the laws of this state concerning the regulation of alcoholic beverages and beer and wine are vested in SLED acting through its division of alcoholic beverage control... Referred to Labor, Commerce & Industry, Tabled in Committee

H. 3069 -- Reps. Rudnick, Phillips, Spearman, Felder, Cromer, J. Bailey and Baxley: 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. 3503 -- Rep. Davenport: A bill to amend by adding Section 61-3-415, so as to provide that all powers in Chapter 3, Title 61, conferred upon the ABC Commission regarding the issuance of licenses are devolved upon the governing body of each county and require that all licenses issued in a county must be issued by the governing body of that county. Referred to Judiciary, Tabled in Committee

H. 3537 -- Rep. McAbee: A bill to amend Chapter 5, Title 61, relating to regulation of transportation, possession, consumption, and sale of alcoholic beverages, by adding Section 61-5-185 relating to licensing of bona fide nonprofit organizations and business establishments under Section 61-5-50 when located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed six million dollars. Referred to Labor, Commerce & Industry, Tabled in Committee

H. 3656 -- Rep. D. Smith: 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 law a person may have his license to drive suspended for six months if he is convicted of, or pleads guilty or nolo contendere to, five traffic offenses in a one-year period or is convicted of, or pleads guilty or nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period, and provide that this suspension can be waived only upon a showing to the commissioner of extreme hardship and substantial rehabilitation;...Referred to Labor, Commerce & Industry, Tabled in Committee

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

THE DEPARTMENT OF ALCOHOL

AND OTHER DRUG ABUSE SERVICES

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 FY93, 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 25,854 different prevention activities impacting more than 630,000 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 during the ensuing school year. During FY93, three weeklong training sessions were held as part of the Teen Institute. These sessions involved a total of 567 students and 139 adult advisors representing 139 teams from high schools throughout South Carolina. Specific prevention activities to be implemented by these students during the 1993-94 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.

Also during the year, 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 5th and 6th grade students. During FY93, 50 law enforcement officers in South Carolina received certification through this program.

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 56,249 individuals. This figure includes referrals to other service providers and other administrative actions as appropriate. Of this total number of clients served, 52,141 individuals, or approximately 1.5 percent of the state's total population, received direct intervention and/or treatment services through the county authorities this year. Alcohol continues to be the number one drug of abuse in the state, accounting for more than 74 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 further the operational efficiency of the statewide service-delivery system, six county alcohol and drug abuse authorities participated in an ongoing treatment outcome study conducted by New Standards Inc. of Minnesota. The initial results from the follow-up study conducted as part of this research indicated that 73 percent of the clients who received intensive treatment reported continued abstinence six months after their discharge from treatment. These clients will continue to be monitored over the next 12 months.

In an attempt 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 continued its involvement again this year with several other interagency programming efforts as well. Specifically, work continued in FY93 to develop a realistic assessment of the resources required to fully implement various programming models. In cooperation with the SC Department of Mental Health, the SCCADA has offered a series of trainings on dual diagnosis for both mental health and alcohol and drug clinicians. Dual diagnosis represents only one area in which the SCCADA continue to provide specialized treatment services for clients in collaboration with other agencies.

Efforts continued on the initiative involving the SCCADA, the South Carolina Department of Corrections (SCDC) and the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS), which provides pre-release inpatient addictions treatment to individuals in the state's correctional system. Since 1989, 1,141 individuals have successfully completed services provided through the Addictions Treatment Unit (ATU) at the Watkins Pre-Release Center. Graduates of the program have received aftercare services through their respective county authorities as appropriate following their release from the correctional system.

During FY93, SCCADA joined with SCDC, SCDPPPS, the South Carolina Vocational Rehabilitation Department and several other agencies to expand residential addictions treatment for offenders who have severe alcohol or other drug problems. The SCCADA received funding from the Bureau of Justice Assistance for an addictions treatment unit which will be located in Charleston and will provide a means of diverting youthful offenders from incarceration or reduce their length of incarceration. The SCDC received funding from the Governor's Office for an additional ATU type program in Spartanburg which will serve male substance abusing offenders. Both projects are scheduled to open in the summer of 1994.

In addition, the SCCADA has submitted a proposal to the U.S. Center for Substance Abuse Treatment for a 252-bed residential treatment program at the Manning Correctional Institute for chronic male alcohol and other drug abusers. The proposed project would consist of a 192-bed therapeutic community and a 60-bed transitional care unit for long term offenders. A proposal also has been submitted to the Governor's Office for a 30-bed women's residential addictions treatment unit at the State Park Correctional Center in Columbia. This project would be the first residential alcohol and other drug treatment program designed exclusively for female inmates in the state. Female inmates who are chronic substance abusers currently have only 12 outpatient slots at the existing ATU at Watkins Pre-Release Center.

Also during the year, the SCCADA and the South Carolina Department of Education jointly conducted and released the findings of a statewide survey of drug use by public school students in grades 7 through 12. Following are some of the highlights from the findings of the "Youth Survey Regarding Alcohol and Other Drug Use in South Carolina During the 1992-93 School Year":
- Alcohol was the most commonly used drug in all grades and for all time intervals. During the past 12 months, 47 percent of the students surveyed, or approximately 109,000 students statewide, had used alcohol, followed by 32 percent (74,000 students) who had used cigarettes and 13,8 percent (32,000 students) who had used come other illicit drug. In addition, 10.8 percent had used marijuana and 10.8 percent had used smokeless tobacco, followed by amphetamines (4 percent); inhalants (3.4 percent); cocaine (1.8 percent); heroine and other narcotics (1.5 percent); anabolic steroids (1.2 percent); and crack (1 percent).
- More than 50 percent of the students who responded to the survey reported that beer (55.2 percent), wine (53.0 percent) and cigarettes (63.6 percent) were "easy to get."
- Beer was the most frequently used alcoholic beverage. A total of 51.2 percent of the seniors and 37.3 percent of the students in grades 7 through 12 reported drinking in the past year.
- South Carolina seniors reported lower levels of alcohol and other drug use in the previous 12 months than did seniors in a national sample conducted in 1992 (Monitoring the Future, University of Michigan). In South Carolina, 61.8 percent of the seniors reported using alcohol in the prior 12 months, compared to 76.8 percent of seniors nationally. Marijuana use was reported by 18.9 percent of South Carolina seniors, compared to 21.9 percent nationally.
- Among South Carolina seniors who reported drug use, the age of first use varied for the specific drug used. The youngest age of first use occurred for smokeless tobacco, with the largest number of users reported first use a age 11 or younger. The most frequent age of first use of cigarettes occurred at age 12 or 13, followed by inhalants at age 13 or 14.
- The largest number of seniors who had used alcohol reported first use at age 14 or 15. First use of most other drugs, including marijuana, cocaine and hallucinogens, occurred most frequently at age 16 or 17.
- A friend's home was identified as the most likely place for students to use alcohol or other drugs, followed by the student's own home. The school was identified as the least likely place for such use.
- More than one-fourth (28.8 percent) of the seniors who drive reported that they had driven after drinking within the past year, and 12.1 percent reported that they had driven after using other drugs. In addition, 46 percent of all seniors said they had ridden in a car that was driven by someone who had been drinking.

The SCCADA continued to place emphasis this year on outreach activities for previously-underserved populations. These outreach programs have been initiated in community health centers, particularly in the areas of tuberculosis (TB), sexually transmitted diseases and HIV infection. The agency coordinated a variety of activities to address this growing problem in South Carolina, including implementation of the state training plan specific to HIV disease and alcohol and other drug abuse. 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. 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 on Drug Abuse. As a result of this effort, an undetermined number of HIV infected individuals received special counseling services through the county authorities or were referred to other community resources to assist with associated physical, emotional and social problems.

Also during the year, the agency continued to manage two special HIV prevention projects this year. These projects, which were coordinated by the Lexington/Richland Alcohol and Drug Abuse Council and the Greenville County Commission on Alcohol and Drug Abuse, specifically targeted injection drug users and their partners in the area of HIV prevention. In addition, the agency monitored an HIV risk reduction program for alcohol and other drug users and their sexual partners. This project was conducted by the Charleston County Substance Abuse Commission through funding from the South Carolina Department of Health and Environmental Control (DHEC).

As part of the agency's new initiatives in the area of infectious disease prevention, the SCCADA funded 10 sites for early intervention services to HIV which will begin in FY94. Some of these services will include pre- and post-test counseling for HIV and AIDS, and outreach prevention and case management activities. The 10 sites funded through this initiative are: Aiken, Anderson/Oconee, Charleston, Florence, Greenville, Horry, Lexington/Richland, Orangeburg, Spartanburg and Sumter.

In 1991, the agency created a special office to direct the agency's efforts to improve the availability and accessibility of alcohol and other drug related services for women. Housed within this office is the Women's Resource Center, an information clearinghouse on women's issues as they relate to the use of tobacco, alcohol and other drugs. During FY93, this office continued to manage four community-based prevention projects targeting women in Lexington/Richland, Aiken, Georgetown and Marion/Dillon Counties. In addition, the office continued to manage the first residential treatment program for women a 24-bed facility operated by Lexington/Richland Alcohol and Drug Abuse Council which opened in April 1992. During FY93, the residence received 115 admissions. Planning continued this year for the state's first long-term residential treatment program for women and children. This program will be operated by the Greenville County Commission on Alcohol and Drug Abuse. Also, federal grant funding was secured by Circle Park Associates (Florence county's alcohol and drug abuse authority) to develop a similar program for women and children in Florence. Both programs are scheduled to open in the fall of 1993.

This 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 was implemented in this state in collaboration with the United Way of South Carolina, Inc., provides funding for a comprehensive array of services including alcohol and other drug education for high-risk pregnant women and their infants. The project involves Chesterfield, Darlington, Marion/Dillon, Marlboro and Williamsburg counties.

During FY93, 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.

Also during FY93, the agency monitored more than 95 legislative bills related to alcohol and other drug issues. Several of these bills that would have significant impact on the health and safety of our citizens are pending legislative action in FY94. The Administrative License Revocation (ALR) for DUI offenders is a bill that would revoke a driver's license at a designated Blood Alcohol Concentration (BAC) level without requiring a conviction for Driving Under the Influence (DUI). Other bills include revoking the driving license of persons under the age of 21 who drive with a BAC of .04 or greater and a bill to lower the BAC inference for DUI from .10 to .08 percent. In an effort to control and reduce the sale of tobacco products to minors, a bill has been introduced that would require the licensing of all tobacco retail outlets. Debate will continue on Sunday sales of beer and wine, a proposed Constitutional amendment to allow "free-pour" of distilled spirits and other issues affecting the health and safety of South Carolinians relating to alcohol, tobacco and other drug use and abuse.

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 FY93, the agency served as a grants clearinghouse which reviewed federal and other publication and program announcements; disseminated this information within the agency and to the county alcohol and drug abuse authorities; and provided technical assistance in the development of grant applications and proposals. 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 for citizens throughout the state.

Finally, in accordance with the passage of ACT 265, "The State Government Accountability and Reform Act of 1993" which became effective July 1, 1993, the General Assembly dissolved SCCADA's 11-member policy-making and governing board and redesignated the agency as the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS), one of 19 cabinet-level departments housed within the executive branch of state government. DAODAS will be one of the 13 of these cabinet-level departments whose directors are appointed by the Governor with the advice and consent of the Senate.

By combining the existing functions of SCCADA and the Governor's Drug-Free Schools and Communities Program into a highly-visible cabinet-level department, the General Assembly ensured the state's continued commitment to efforts to prevent and treat problems related to the use of alcohol and other drugs. The new organizational structure will allow South Carolina to remain in the forefront of the national battle against its greatest health and safety program by forging a closer working relationship with the executive branch of state government and by increasing visibility of alcohol and other drug issues throughout the state and the nation.

As the new department moves forward into the mid-1990s, it 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 department 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 assessable services to all South Carolinians.

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 local sheriff and police departments as well as 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 54 agents, 5 supervisory special agents (Lieutenants) 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 (Retaliation Against Illegal Drugs), Team 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 60 sworn law enforcement personnel to combat the drug problem at the state level. This team was made statutorily permanent, under SLED, during the 1993 legislative year. Additionally, pursuant to Section 23-3-15 SLED was given "specific and exclusive jurisdiction and authority statewide, on behalf of the state in matters including"....."covert investigation of illegal activities pertaining to and the interdiction of narcotics and other illicit substances".

Since the forming of the RAID Team, four agents have been assigned to Drug Abuse Resistance Education (DARE) which adds a demand reduction component to the RAID Team that will hopefully help reduce drug use through the public school educational process.
This unit is constantly updating and progressing to the latest variations of the program, i.e., middle school, high school, parenting programs, etc.

The South Carolina Army National Guard has dedicated two helicopters and personnel to support the ground effort of our annual Marijuana Eradication Program. Additionally, personnel from the National Guard work year round in various positions to support the overall counter drug effort.

During the Fiscal Year 1992-93, the Narcotics Department received and processed 672 requests for investigations from federal, state, and local agencies. These requests for investigations generated 663 investigations by the section.

TOTAL VALUE OF DRUGS

PURCHASED OR SEIZED. . $68,790,628.00
CASH SEIZED . . . . . . . . . . 64,510.47

TOTAL ARRESTS. . . . . . . . . . . . 1097 (includes the Marijuana arrests)

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

34,030 marijuana plants were seized in the 1992-93 Fiscal Year which resulted in 109 arrests.
STATE DRUG TOTALS
Sale/Possession July-Dec 92 Jan-June 93
Cocaine/Heroin/Opium 3366 3397
Marijuana 3464 3577
Other Drugs 433 281
Drug Paraphernalia 283 408

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

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.

In 1992, 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 the mobile breathalyzer vans; continued implementation of the Traffic Accident Victims Advocacy (TAVA) program for victims of DUI crashes; continuation of a statewide public information and education campaign to discourage drinking and driving; and continuation of a highway drug interdiction and enforcement program.

Compilation of Accident Statistics - The Involvement of Alcohol in South Carolina Traffic Accidents:

Alcohol usage in South Carolina, as in the rest of the country, is responsible for a wide variety of health and safety problems. According to the South Carolina Commission on Alcohol and Drug Abuse, alcohol is involved in 61% of all drownings, 58% of all traffic deaths, 35% of all suicides, 55% of all homicides plus 31% of all crimes overall in South Carolina. In no area of human activity is the danger of alcohol more unmistakable than in the operation of a motor vehicle on the highway. It is a well- documented fact that alcohol impairs sensory perception and therefore driving ability, as is reflected in the statistics which follow.

Both the overall number of traffic fatalities in South Carolina and the proportion of DUI-related fatalities (as compared to all fatalities) has declined over the past three years. In 1990, 983 traffic fatalities were reported; 226, or 22.9% of these were considered to be DUI-related. In 1991, 890 traffic fatalities were reported; 196, or 22% were the result of DUI. In 1992, there were 807 traffic fatalities reported on South Carolina's streets and highways; of these, 144, or 16.9%, were DUI-related. In spite of these reductions, driving under the influence continues to be the leading probable cause of fatal accidents in the state and remains among the top ten probable causes of all traffic accidents.

I. Characteristics of Alcohol-Related Accidents in South Carolina

Traffic accidents are responsible for more deaths to persons age 1 to 34 than for any other cause. The number of years of life before age 65 lost in traffic accidents exceeds that of any disease. For years researchers have recognized abuse of alcohol as a leading cause in fatal traffic accidents if not the single most important cause. Statistics from the South Carolina Traffic Accident Master File indicate just how serious this problem is. Based on the investigating officers' opinions as to the most important single factor leading to accident causation, alcohol and/or drug usage is the leading cause in fatal accidents. Other factors such as excessive speed, failure to yield right of way and inattention are also important factors in accident causation; however, since alcohol plays a prominent role in as many as 60% of all fatal accidents, it is worth special consideration among highway safety representatives including law enforcement. Some facts about alcohol involvement in South Carolina traffic accidents:

In 1992, alcohol or drug usage was cited as the probable accident cause in 5,676 traffic accidents. (See Table 1 for a breakdown for each county)

Based on BAC test results, in 1992, alcohol is known to be a factor in 401 accidents in which a probable cause other than alcohol or drug usage was indicated by the investigating officer. Many others are likely to have one or more drivers impaired to some extent.

In 1992, a total of 186 persons died and 4,312 were injured in accidents with alcohol or drug usage indicated. (144 of the fatalities and 4,011 of the injured were in accidents with a probable cause of alcohol or drugs; the others were in accidents in which at least one driver had a positive BAC test result).

In 1991 (the latest year this data is available), 356 fatally injured drivers or pedestrians were tested for alcohol levels. Of these, 215 or 60.4% had a positive BAC level, and 193 tested above the .10 level, the inferred level of intoxication in South Carolina.

Alcohol involvement is more likely to be a factor in traffic accident involvement for drivers age 20 to 29 than for any other age group; and substantially more for male drivers than female drivers.

Alcohol involvement is much more likely to be a factor in nighttime traffic accidents than in daytime accidents.

Between 1990 and 1992, alcohol was slightly more of a factor in accident involvement in May accidents than those occurring in other months. However, the difference is relatively small between the twelve months of the year. Contrary to popular opinion, alcohol involvement is not a greater factor in accident involvement during the holiday season than at other times of the year. People drink and drive during all the months of the year and it would be a mistake to concentrate alcohol countermeasures on the basis of the calendar reading.

A. Trends

Nationally, FARS data indicate a downward trend in the proportion of fatal accidents which involve alcohol over the last decade. In 1982, 57.3% of all traffic fatalities nationwide involved at least one driver or pedestrian with a positive blood alcohol content. By 1991 this percentage had declined to 48.0%. The percentage with BACs above .10 declined during the same period from 46.3% to 38.5%. Much of this reduction is the result of increasing the drinking age to 21 in all states and the District of Columbia. Since this was adopted nationwide, fewer teen-agers are consuming alcohol and operating motor vehicles at night. Other alcohol-related initiatives have likewise contributed to a safer driving environment.

In South Carolina, information by probable cause indicates a slight decline in the number and proportion of accidents that had a probable cause of alcohol or drug usage between 1988 and 1992. As indicated in the accompanying graphs, the total number of accidents with a probable cause of alcohol and drugs declined from 6,780 in 1988 to 5,676 in 1992. The percentage of accidents with an alcohol or drug cause declined from 5.8% to 5.2%. For traffic deaths, the decline was from 215 to 144 between 1988 and 1992 with a corresponding decline in percentage from 20.8 to 17.8.

B. General Accident Characteristics - 1990-1992

During the three year period 1990 to 1992, there were 19,249 reported accidents in South Carolina with a probable accident cause of alcohol or drugs (PACADs), resulting in 566 fatalities (in 500 fatal accidents) and 13,555 injuries. Both the number and percentage of accidents caused by alcohol and/or drugs declined during the three year period. Following is a summary of the accident characteristics of these accidents compared to accidents with some other probable cause.

Accidents by First Harmful Event

The leading first harmful event in PACAD accidents was the angle collision between two motor vehicles. This event resulted in 2,906 accidents with 62 fatalities and 2,595 injuries. Angle collisions ranked just ahead of rear end collisions with 2,885. The percentage of accidents represented by angle collisions was 15%, a percentage much smaller than that occurring in non-PACAD accidents (33%). The rear end collisions also accounted for a smaller percentage (15% for PACAD accidents vs. 27% for non-PACAD accidents).

Fatal PACAD accidents have a somewhat different First Harmful Event profile than non-PACAD fatal accidents. For PACAD accidents, the leading first harmful event was the single unit collision with a tree. This event accounted for 72 (14%) fatal accidents during the three year period. For non-PACAD accidents, 248 (13%) involved a collision with a tree, not much difference. However, fifty-six (56) of the PACAD accidents (11%) involved an angle collision, but, for non-PACAD fatal accidents, 504 (27%) had an angle first harmful event, a large difference. Fifty-seven (57), or 11%, of the PACAD accidents involved a head-on collision, compared to 204 (13%), of the non-PACAD accidents. Collisions with ditches, overturning and collisions with sideslopes are each over represented in the fatal PACAD vs. non-PACAD accidents (11% vs. 6%, 9% vs. 6% and 4% vs. 2%, respectively).

Accidents by Light Conditions

PACAD accidents are much more likely to occur in dark lighting conditions than non-PACAD accidents. Nearly 67% of the PACAD accidents occurred in dark lighting conditions compared to only 28% of the non-PACAD accidents.

For fatal accidents, more than 74% of the fatal PACAD accidents occurred in dark lighting conditions compared to 64% of the fatal non-PACAD accidents.

Accidents by Time of Day

Approximately 73.8% of all accidents with a probable cause of alcohol or drugs occurred during the hours of 6:01 p.m. to 6:01 a.m. Over 51.2% of the fatal DUI-related accidents were reported between 9:00 p.m. and 3:00 a.m. See attached graph.
[ ]
Day of Week

PACAD accidents should, in theory, be overrepresented on the weekends. This is the time it is theorized when people are more likely to be drinking. A total of 8,447 PACAD accidents (44%) occurred on Saturdays and Sundays during the three year period of 1990 to 1992. This compares to 24% of all reported accidents for the non-PACAD accidents.

For fatal accidents, 245 of the 500 (49%) PACADs occurred during the two weekend days compared to (33%) for the fatal non-PACADs. These statistics indicate a high propensity for drinking and driving during the weekends, especially at night. The result is a very high rate of serious accidents during these times.

The majority of both all and fatal DUI-related accidents were reported on Saturday. See attached graph.
[ ]
Month

May was the leading month for all reported PACAD accidents during the 1990-1992 period. A total of 1,772 accidents were reported during the past three Mays. The low month was February with 1,441 reported accidents. The high month (May) had 23% more reported accidents during this period than the low month (February). For all non-PACAD accidents, October was the high month with 29,058 reported accidents; February was the low month with 23,472. October had 24% more accidents than February. There seems to be little apparent distinction between PACAD accidents and non-PACAD accidents on the basis of month reported.

The leading months for fatal PACAD accidents were August and September each with 47 reported during the period. The low month was February with 30. September and August each had 57% more fatal PACAD accidents than February. For non-PACAD fatal accidents, the leading month was June with 183 reported during the three year period. The low month was February with 123. The June total was 49% higher than the February total. As with all accidents, there seems to be little to distinguish the PACAD fatal accidents from the non-PACAD fatal accidents based on the month of occurrence. Both types tend to be overrepresented in the late spring and early summer months and are low during the winter months.

Accidents by Location

During the last three years, the five counties with the highest number of DUI-related accidents have consistently included Greenville, Charleston, Richland, Spartanburg, and Horry counties, respectively. These counties have held the same positioning ranking for DUI-related accidents during all three years. (See chart)

SC COUNTIES WITH HIGHEST NUMBER OF DUI-RELATED ACCIDENTS
COUNTY
1990
1991
1992

GREENVILLE
704
640
585
CHARLESTON
630
532
485
RICHLAND
579
504
441
SPARTANBURG
497
436
384
HORRY
435
375
338

The counties experiencing the highest number of DUI-related fatalities varied over the three year period, but included the five counties listed above in at least one of the three years. For example, Charleston County was in the top five counties for DUI-related fatalities in each of the three years. In 1990, Charleston County experienced the most DUI-related fatalities, with 23, followed by Spartanburg, 22; Anderson, 17; Horry, 17; and Greenville, 16. In 1991, Greenville and Richland Counties tied for the highest number of DUI-related fatalities with 15 each, followed by Charleston County, 14; Horry County, 14; Sumter and York Counties, 11 each. In 1992, Greenville County experienced the highest number, with 17 DUI-related deaths; it was followed by Spartanburg County, 15; Charleston County, 11; Richland and Horry Counties, 9: and Laurens County, 8.

C-1. BAC Test Results - 1992 Accident File Data

In 1992 BAC tests were administered to, and the results are known, for 3,471 drivers involved in traffic accidents. Positive BACs were reported for 3,017 of these drivers. The remaining drivers had negative BACs. Of the positive test results, 100 were drivers involved in fatal accidents. Greenville County had the largest number of known BAC tests with 360 followed by Richland with 251, Charleston's 232 and Spartanburg's 216. Predictably, the smallest counties had the fewest known BAC's. McCormick and Allendale each had only had 7 tests; Bamberg and Hampton, 14.

For drivers given a blood alcohol test, a 2x2 frequency table was generated to compare BAC test results for contributing drivers vs. non-contributing drivers and whether they had a positive or negative test result. The results indicate contributing drivers are more likely to test positive for alcohol than non-contributors. These results are statistically significant.

Contributing?
Positive
Negative
Total

Yes
2,898
407
3,305
No
119
47
166

Total
3,017
454
3,471
C-2. BAC Test Results - 1992 South Carolina Fatality Register

The South Carolina Fatality Register includes BAC test results for all fatally injured traffic accident victims in South Carolina. A report is sent to each county coroner to verify information contained on the fatality register including name, time of death, BAC and drug test results. The highest recorded BAC level for any driver or pedestrian involved in each fatal accident is determined and recorded on the fatality register. The high BAC can be the BAC of the victim (if he/she was a driver or pedestrian) or it can be a surviving driver or a fatally injured driver of another vehicle if more than one person dies. The high BAC of the 807 victims in 1992 is indicated as follows:

High BAC
Number

0.00
151
0.01-0.07
16
0.08-0.09
14
0.10-0.19
78
0.20-0.29
69
0.30& up
27
unknown
452
Many of the 452 Unknowns involve drivers with pending test results. The State Law Enforcement Division (SLED) is responsible for testing BAC levels for drivers involved in traffic accidents. Sometimes it is several months before the results are received. Of the 355 fatality victims for whom the high BAC is known, 204 (57%) were positive and 151 (43%) were negative; 174 (49%) had a high BAC above the 0.10 level used as the inferred level of intoxication in South Carolina.

II. South Carolina Drivers
A. Alcohol/Drug Accident Profile

In 1992 there were 2,411,091 licensed drivers in the state of South Carolina. Certain groups are overrepresented in traffic accidents, particularly in the PACADs. For example, 592,55 licensed drivers were between the ages of 18 and 29, 24.6% of the total. In 1992, 200,735 drivers were involved in traffic accidents. Of these, 68,913 (34.3%) were between the ages of 18 and 29. For accidents with a probable cause of alcohol or drugs (PACADs), there were a total of 8,227 drivers. Of these, 3,002 were (36.5%) were between the ages of 18 and 29. There were 168 drivers involved in fatal PACADs. Of these, 63 (37.5%) were between ages 18 and 29.

Male drivers are likewise overrepresented in traffic accidents. Males accounted for less than half of the licensed drivers in 1992, yet they accounted for 58.5% of all drivers involved in accidents in 1992. This percentage increases to 77% of the PACAD accidents and 85% of the Fatal PACAD accidents.

B. Profile of DUI Offenders in South Carolina

In 1991 there were 19,005 South Carolina drivers convicted for DUI. This is 0.79% of all drivers licensed for the year. In 1988, the peak year for DUI convictions, 20,894 drivers were cited for DUI; this figure represents 0.88% of the licensed drivers at that time.

The leading age (at the time of the violation) for DUI convictions in South Carolina is 25 with 14,023 currently indicated on the driver file. In each successive age after 25, the number of convictions declines. By age 35, DUI convictions are down to 10,030. By age 55, only 3,176 drivers have been cited, and by age 75, this declined to only 95 drivers.

Male drivers are heavily overrepresented among drivers convicted of DUI during the 1988-1992 period. The overrepresentations increase for the number of convictions. For drivers with 1 conviction, 86.5% were male. For drivers with 2 convictions, 90.9% were male; for 3 convictions, 92.7% were male and finally for 4 or more convictions, 95% were male.
III. Comparison with Other States

Based on 1991 FARS data, South Carolina ranks high in the percentage of fatally injured drivers who had a BAC test above .10. Nationally 41.5% of all fatally injured drivers with a known BAC measured at least .10. In South Carolina 47.9% of known BACs were .10.4 or higher. In neighboring Georgia, 37.4% of all fatally injured drivers had a BAC of .10 or greater; in North Carolina, 34.6% tested above .10. Both North Carolina and Georgia had mileage death rates below South Carolina and both have BACs above .10 as illegal per-se. In addition, North Carolina has an administrative license revocation law. South Carolina lacks both pieces of legislation.

Enforcement and DUI:

The South Carolina Highway Patrol forms the Law Enforcement Division of the SCDHPT. The major function of the Patrol is to enforce South Carolina's traffic laws, thus providing motorists with safe travel ways. The South Carolina Highway Patrol and local law enforcement agencies are continuing enforcement efforts to deter the motoring public from drinking and driving. The Patrol stepped up enforcement on the state's rural roads in 1992 and continued to conduct sobriety checkpoints. Many of these checkpoints were conducted in coordination with local law enforcement agencies. In 1992, the Patrol made 13,594 DUI arrests; local law enforcement agencies made 6,209 arrests, for a total of 19,803 DUI arrests.

In 1990, the Patrol received a Certificate of Merit from the National Commission on Drunk Driving for its outstanding efforts to reduce the incidence of DUI-related accidents in South Carolina. Using the mobile breathalyzer vans, and frequently with support from local law enforcement agencies, the Patrol conducted 548 sobriety checkpoints between May 31, 1989 and April 3, 1993. The majority of these checkpoints were conducted in counties with the highest incidence of DUI-related accidents.
As a result of these checkpoints, 23,896 cases were made, including 4,000 DUI arrests, 4,168 arrests for open container/illegal possession of alcohol, and 265 arrests for possession of illegal drugs. Over 2,300 citations for safety belt violations were issued at these checkpoints. Over 1,300 persons were arrested who were driving under suspension.

The checkpoints were highly publicized by the Public Affairs Office of the South Carolina Department of Highways and Public Transportation (SCDHPT), which worked in coordination with the Patrol. Anecdotal evidence from motorists traveling through the checkpoints indicated that public awareness was high; rumors were widespread throughout the state that the vans had been cited at various locations, when indeed they were in another part of the state at the time.

In spite of these strides, DUI-related accidents and fatalities remain too high. The Patrol and local law enforcement agencies are often hampered by the lack of adequate training in DUI detection and apprehension as well as by the lack of appropriate equipment, such as passive alcohol sensors and in-car video cameras. In-car video cameras are needed to document enforcement stops and to increase the conviction rate for DUI. Although the Patrol and many local law enforcement agencies work cooperatively to conduct sobriety checkpoints, there is no on-going, centrally coordinated effort to insure that checkpoints are conducted on a statewide basis. The use of checkpoints remains variable and sporadic. Continued efforts to educate the public as to the seriousness of drinking and driving, and its economic and emotional consequences, are needed to complement enforcement efforts. A comprehensive and coordinated program to conduct sobriety checkpoints on a frequent basis statewide is needed to increase the perception of apprehension among those who would drive while impaired; such a program would combine enforcement with intense publicity in an effort to reduce the incidence of alcohol-related crashes in South Carolina and would enhance the continuing DUI enforcement efforts of both the Patrol and local law enforcement agencies.

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 drunk and drugged driving. The major initiative in this area has been the continuation of the "Highways or Dieways" campaign. During 1992, 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) and two special PSAs; 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 a 21.8% reduction in traffic fatalities over the past five years and a 30.3% reduction in the state's mileage death rate over the last five years. These reductions occurred in spite of an 8.3% increase in the number of miles traveled over the last five years.

An evaluation of the Phase IV effort was conducted in March 1993. The study represented the attitudes and opinions of 300 licensed drivers throughout the state. Respondents reflected a representative mix of age, sex, and race. The error factor of the survey was + 5.7%.

There continues to be a high awareness of and strong support for the Highways or Dieways campaign. Study findings indicate that virtually all South Carolina residents are familiar with the campaign and feel it has a had a positive impact on reducing the state's traffic deaths; more than nine out of ten also say the campaign is a good use of public funds and should be continued.

Relative to safety laws, there generally tends to be strong support for a mandatory helmet law, mandatory driver's education, immediate suspension of driving privileges in DUI cases, and automatic DUI charges for underage drivers who have any alcohol in their system. Support for a law which restricts the sale of cold beer in gas stations is significantly lower, though positive overall.

DUI Issues

Previous study findings have indicated that South Carolina drivers feel DUI laws in the state are not tough enough. Consistent with this, most support laws for automatic DUI charges for underage drivers who have any alcohol in their system (76%) and immediate license suspension in DUI cases (74%).

A law which prohibits the sale of cold beer at gas stations and convenience stores tends to generate significantly less support. Overall, however, most drivers (59%) support it.
The Safety Office also operated a Traffic Safety Information Resource Clearinghouse. Brochures, posters, research information, films, videos and other educational materials on 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 as previously described in accident statistics. Alcohol related accidents are a significant portion of the economic loss to the state from traffic accidents. 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 144 persons killed was $ 64,800,000.00 in 1992. In 1991, the estimated economic loss for the 196 persons killed totaled $ 80,360,000.00.

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.

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.

The Public Affairs Office of the SC Department of Highways and Public Transportation in conjunction with the Highway Patrol has prepared a presentation of this program which was given at the National Combined Accident Reduction Effort (CARE) conference, held at Grand Rapids, Michigan during April 1993. 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 victim's 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 for working 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 250 families have been helped by this service. This service is expected to grow as people become more 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 to the victim/victim's family.
* Assist in locating community resources for financial assistance and victim/witness services for victims.
* Refer victims to local ministers, counselors, and support groups for assistance in emotional recovery.

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.

Highway Drug Interdiction and Enforcement Project

South Carolina has a growing drug trafficking problem. The geographic location of the state and its excellent highway system offer drug traffickers a variety of routes to transport their illegal cargo.

During the last three years, the number of arrests for drugs in South Carolina has decreased from 16,734 in 1989 to 13,702 in 1991. 1992 statistics are not yet available from the State Law Enforcement Division (SLED). In 1989, of the 16,734 drug-related arrests, 6,465 or 38.6% were for the sale, trafficking or manufacturing of drugs. While overall drug arrests declined in 1990 to 15,585, the percentage of arrests which were for the sale, trafficking or manufacturing of drugs increased to 45.4% (7,069 arrests). SLED records also indicate that in 1991, drug-related arrests decreased to 13,702; however, the percentage of arrests which were for sale/trafficking/manufacturing declined only slightly to 43.6% or 5,975 arrests.

The location of five major interstates within South Carolina and the state's abundance of excellent U. S. and S. C. routes, combined with the lack of proper equipment and training for highway drug interdiction efforts, make South Carolina an excellent conduit for conducting large narcotic trafficking operations without a high risk of interference or apprehension. Interstates 95, 20, 26, 77, and 85 serve the state. Several major U. S. and S. C. routes connect many rural areas of the state to the Interstate system. According to the Drug Enforcement Administration (DEA), the main drug 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 recent study conducted by the 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.

Seizure amounts for Georgia, South Carolina, and North Carolina for 1989, 1990, and 1991 (See Table below) clearly reflect heavy drug trafficking activity within the highways of these states. Data provided by the Highway Patrol from each state also indicates successful interdiction activities within Georgia and North Carolina in 1989 and 1990; seizures in 1991, the last year for which data is currently available, may indicate that traffickers have become more sophisticated in their cloaking techniques and therefore, are sometimes able to escape detection. Georgia consistently remains among the nation's top ten states for successful interdiction efforts.
The table also provides a comparison for South Carolina interdiction efforts with those in Georgia and North Carolina. As the table clearly indicates, in 1989 and in 1990, South Carolina's seizures were tiny compared to Georgia and North Carolina.

Existing Efforts to Address the Problem

As the state's largest law enforcement entity, the SCHP has been involved in drug enforcement efforts over the last few years. Using the traffic stop as probable cause, in 1990 the SCHP made 1,251 arrests for drug offenses. In these stops, troopers confiscated 54.95 lbs. (24.98 kg.) of marijuana and 4.1 lbs. (1.86 kg.) of cocaine. The total number of traffic stops for 1990 was 538,519.

In 1991, the SCHP made 2,045 arrests for drugs during traffic enforcement stops. In these stops, troopers confiscated 216 lbs. of marijuana and 14 lbs. of cocaine. The number of traffic stops for 1991 was 526,144. In 1992, the SCHP made 1,187 arrests for drugs during enforcement stops. In these stops, the troopers confiscated 31 lbs. of marijuana and 4 oz. of cocaine. The number of traffic stops for 1992 is not yet available.

With the encouragement and financial assistance of the Governor's Office, the SCHP implemented a highway drug interdiction program in July, 1991. The overall goal of this program was to increase the number of drug seizure amounts by 10% during the project period. At the end of 1991, with only five months on the job, the drug interdiction and enforcement team formed through this project had increased drug seizure amounts by over 395% for marijuana and 325% for cocaine. South Carolina seizures for marijuana exceeded both North Carolina and Georgia in 1991; seizures for cocaine were well-below Georgia's activity but more than double that for North Carolina.

Since its inception, the team has confiscated more per person than the entire SCHP, as the table below indicates:
The largest number of arrests, 394 of the 652 drug cases made by the DIET, were made in Jasper County along I-95, the main North-South route along the East Coast. I-85 followed closely with 36% or 233 of the 652 drug cases. Sixty percent (60%) or 391 of the 652 drug cases were made between the hours of 4:00 p.m. to midnight; 33% or 215 of the 652 cases were made between 7:00 a.m. and 4:00 p.m. The smallest number, 46 or 7%, were made between midnight and 7:00 a.m.

The majority of persons arrested were white males (56% or 370 of the 664 arrests); 204 arrests were for black males (30%). White females comprised 9% of the 664 arrests. Black females composed only 3% of the total arrests. There were no Hispanic females arrested and only 12 Hispanic males. The average age of the 664 persons arrested was 30 years old. The Chevrolet was the predominate make of vehicle of the persons who were arrested for drug trafficking/possession by the team.

There is a need to train additional troopers and further expand and equip members of the SCHP for drug interdiction efforts. By establishing drug interdiction and enforcement teams in each district, troopers can effectively join Georgia and North Carolina in drug interdiction efforts and play a more active role in apprehending drug traffickers transporting their illegal cargo in and through South Carolina.

The overall goals of the SCHP's Drug Interdiction Program are to establish, train, and equip highway drug interdiction teams; and to formalize the SCHP's Drug Interdiction program. The project is being implemented in three phases, which are outlined below.

Phase I of the project involved the implementation of a pilot, roving highway drug interdiction team. The purpose of the pilot was to determine the effectiveness of highway drug interdiction concepts, using the traffic stop as the probable cause to search for illegal drugs. A fourteen-member drug interdiction and enforcement team was established, trained in highway drug interdiction techniques, and furnished some of the most technologically-advanced equipment on the market today. A comprehensive plan was developed describing operational procedures for drug interdiction efforts throughout the state. A reporting/tracking mechanism to monitor the time, location, amount of drug seizure, number of persons arrested, etc., was developed. Data from this system was used by the team captain to predict routes used by traffickers and to station team members accordingly. Intelligence from various informants, the Drug Enforcement Agency (DEA), and others was also utilized to position the team for effective interdiction efforts.

The team officially began work on July 23, 1991. From that date to July 31, 1993, team members confiscated 203 lbs, 15 oz. of marijuana; 36 lbs., 6 oz. of cocaine; 2 lbs., 12 oz. of crack; 8 oz. of heroin; and 1,268 squares of LSD. They issued 9,507 speeding citations, arrested 80 DUI offenders; recovered 26 stolen vehicles; arrested 35 fugitives; seized 47 vehicles and $622,624.09 in cash. The team exceeded initial expectations and clearly demonstrated the effectiveness of a highway drug interdiction effort.

With the successful conclusion of Phase I, in which the principals of highway drug interdiction were proven effective, the SCHP has entered Phase II of the project. During Phase II, three drug interdiction and enforcement teams composed of twenty (20) troopers have been established in Highway Districts 3,4, and 5. District 3 includes the counties of Anderson, Greenville, Oconee, Pickens, and Spartanburg; a five-member team, with one trooper per county, has been formed in this district. District 4 includes the counties of Cherokee, Chester, Chesterfield, Fairfield, Lancaster, Union and York; a seven member team, with one trooper from each county, has been formed in this district. District 5 includes the counties of Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro, and Williamsburg; an eight-member team, with one trooper from each county, has been formed in this district.

Each of the three district teams operates under the overall command of the respective district captain. The district captains, in coordination with the project director (who is also the administrative major for the patrol), selected and named the troopers to serve on the team. The district captains also selected a member of each team to serve as team leader. The team leader directly supervises team operations and provides monthly activity reports to the respective district captain. The captain works with the team leader to determine routes to be worked and the schedule for the team. Scheduling and team assignments is based both on the data collected and intelligence cultivated/received from various sources.

New team members will receive specialized training in highway drug interdiction techniques and will be furnished with state-of-the-art equipment to assist and protect them in their task. This equipment will include in-car video cameras, speed measuring devices, body armor, walkie-talkie repeaters, mobile data terminals, etc.

During Phase II, the roving team established in Phase I will continue to operate at full strength. They will focus their efforts in highway districts one, two, six and seven where teams have not yet been formed. They are also available to join teams in Districts 3, 4, and 5 for special saturation efforts when valid intelligence indicates the movement of a major shipment through the state. The roving team and teams from Districts 3, 4, and 5 will also join in special saturation efforts in conjunction with other states in the region for concentrated highway drug interdiction efforts.

Phase III of the project will begin in June, 1994. During Phase III, drug interdiction and enforcement teams will be established in districts 1, 2, 6, and 7. The total composition of these teams will include 26 troopers, or one trooper per county.

During Phase III, team members from both Phases I and II will receive continued in-service training to enhance their drug interdiction skills. Phase III team members will attend the initial training established during Phase I, and provided by a vendor at a site in South Carolina. They will also be furnished state-of-the-art equipment to assist them in drug interdiction efforts.
While grant funds will be used to cover the cost of specialized equipment and training, the agency will provide the personnel and vehicles. The agency's contribution is outlined below.

SCHP Revenue Commitment for New and Existing Teams (Phase II)
Salaries and Fringe Benefits
($36,861 X 34) $1,117,274.00

Mileage
(30,000 mi. X .21/mile X 34) 214,200.00

Vehicles ($15,637 X 34) 531,658.00

TOTAL COMMITMENT $1,863,132.00

*The following chart is not comparable to any published statistics from 1987 and prior years.

S.C. DEPARTMENT OF MENTAL HEALTH

The Department continues to work collaboratively with the Department of Alcohol and Other Abuse Services on the Model Array of Services and training initiative. Resource estimates have been developed for the Model Array by State level staff. Local reviews and revisions will be sought when these are finalized. The two agencies piloted three dual diagnosis training events for local staff of both systems who work with people with mental illness and chemical dependency. The fourth and final pilot training will be in the midlands region of the state after the first of the year. The curriculum is being re-written to incorporate changes that grew from the first three training events.

The Department of Mental Health has focused on two major areas this year. First, there is growing recognition that chemical use, abuse and dependency are factors in working with people who have psychiatric disabilities. Research indicated that fifty to seventy percent of people with a psychiatric disability use, abuse or are addicted to alcohol or other drugs. Use, abuse or dependency on alcohol or other drugs can contribute to re-occurrence of psychiatric disorders often necessitating re-hospitalization. While intensive case management services are effective with some clients who are high users or impatient treatment, the incidence of involvement with alcohol and other drugs is such that a more comprehensive approach is needed. The Department will undertake to incorporate education programs about chemical use, abuse and dependency and provide addiction treatment services within its community support and psychosocial rehabilitation programs. Also, mental health professionals who are unfamiliar with addiction as a disease and its treatment will be provided training.

Related initiatives include the use of a screening form that has been developed to guide staff not trained in addictions treatment to determine if more comprehensive assessment and treatment is needed. Other plans include revising the psychiatric patient education program to expand that portion addressing substance use, abuse and addiction.

A second major initiative related to the Department's site reviews of community health centers. This process has allowed the Department to begin to assess the impact that the Involuntary Commitment Law for chemical Dependency has had on local mental health staff and to assess the quality of the local interagency relationship between the community mental health center and the local commission. Generally, the working relationship between the two agencies at the local level is positive. Referrals flow freely bach and forth. In some areas, collaborative treatment in active and creative in its focus, such as joint groups, home visiting and routine staffings.

Whether local Commissions are involved in managing emergencies varies depending upon resources and how a local commission defines its mission. Involvement ranges from a local commission in one county that handles all afterhours emergencies including psychiatric emergencies through a contract with the area mental health center, to virtually no involvement because of limited staff resources and high service demands. Generally, however, afterhours emergency services for alcohol and other drug abuse are handled primarily by the community mental health centers and this is creating significant stress on the community mental health system. Stress is particularly high when state inpatient beds are full and few or no options are available locally either because the options do not exist or the client is indigent and cannot pay for detox or residential treatment.

Two major recommendations are emerging form the site review process as themes with community mental health centers. Centers are being asked to begin incorporating addictions treatment into programs that serve people with a psychiatric disability. Second, centers are being asked to meet regularly with local commissions, and where possible with Probate Judges, to review A & D commitment patterns. Of particular concern are high users and their families for who state inpatient treatment has had little benefit. Through collaborative treatment, more aggressive and intensive follow up, and perhaps requiring family counseling, the pattern of repeated admissions can possibly be altered.

ANNUAL REPORT

Fiscal Year 1992-93

This was a productive year for Morris Village. Our efforts to improve continuity of care have been very successful. We have improved our screening procedures, have made visits to local mental health centers and commissions. We have also provided guidelines for referrals to physicians and hospitals. Our academic linkages were enhanced by our recruitment of family practice medical students, nurses and students of other clinical disciplines. The village has begun an extensive follow-up study to collect and assess patient outcome data. We have recruited 100 participants for a year long study. Additionally, we continue to ask for and review analyze exit data provided by patients. Community agencies have also furnished evaluation data.

We continue our efforts toward responsible fiscal management, and monitor carefully all money we spend to sure that we stay within our budget.

During the past year the Executive Committee made a commitment to use Total Quality Management. TQM will involve staff at all levels in decision making. One TQM committee was appointed to study staff morale issues mades. That committee made several recommendations which were implemented. As a result, there now exists a permanent staff relations committee with rotating membership.

The Village has worked toward expanding the role of nurses and physicians by involvement in treatment teams. The lack of an adequate number of physicians and the difficulty in hiring recruitment difficulties in hiring nurses have prevented the full implementation of these goals. However, nurses and physicians attend treatment teams as regularly as their schedule will allow.

Two important goals were met in the area of treatment. First, the Village began using a computerized treatment plan for patients. Four of the seven treatment teams are already on line and we expect all teams to be using this program when we are able to buy the necessary equipment. Second, we are in the process of creating a comprehensive clinical supervision and training plan. A clinical supervisor has been identified. Staff at all levels are involved.

We are identifying a core body of clinical skills and a clinical knowledge base that is necessary for quality treatment. We are also identifying ways to measure, both directly and indirectly, these skills. The result of this effort will be the capability to create a clinical training program that will enhance the personal and professional skills and abilities of staff at all levels.

For the coming year the Village plans to continue to improve continuity of care and maintain liaison with community referral sources and service providers. We also plan to strengthen academic linkages and to continue the year long follow- up study. Moreover, we will continue to use Total Quality Management strategies in dealing with staff issues. Finally, we will complete development of a supervision and training program, to expand the computerized treatment plan and to maintain fiscal responsibility my careful monitoring of expenses.

S.C. 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 participated 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 thirty-one 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 fifty nine D.A.R.E. trained officers teaching the curriculum. During the 1993-94 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. Seventy-five participants completed the training and received necessary material to implement the program.

The team sponsored the Seventh Annual Coaches, Athletic Directors and Student Athletes Conference in May, 1993. 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 eight annual conference in May, 1994.

Twelve school districts in ten 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 two cycles of training are scheduled for 1993-94.

The Youth Alcohol and Other Drug Use Survey was completed during the fall of 1992 by 232,304 students in grades 7-12 in all 91 school districts. The results are being compared to the statewide survey of the fall of 1989. The overall use is down slightly from the previous survey. Additional analysis of the data will provide more prevention related information.

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 1993, Palmetto Center in Florence provided residential treatment services to 605 clients, whose average length of stay was 22.7 days, with total client services days of 12,359. Also, 744 treatment hours of group therapy were rendered in the Family and Ex-Resident Programs.

During this same year, Holmesview Center in Greenville served 348 clients whose average stay was 29 days, totaling 9,837 total client days of service. Also, 1,052 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 1993, Vocational Rehabilitation services were provided to 391 Morris Village residents with 224 referred for follow-up services by Vocational Rehabilitation offices throughout the State and 83 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
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

93 Drug
Addiction/Abuse 2,426 4,652 1,191
Alcoholism 2,473 4,110 944

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

For the last seven (7) years, South Carolina has consistently ranked first or second in incarceration rates. The 1992 incarceration rate per 100,000 persons was 501 which places South Carolina as number one in the United States.

Since FY88, the number of admissions to the South Carolina Department of Corrections (SCDC) has increased 44.4 percent - from 8,502 inmates in FY88 to 12, 279 inmates in FY93. Likewise, the SCDC custody population has increased from 11,068 in FY88 to 16,669 in FY93. This represents a 50.6 percent increase. The annual per inmate incarceration cost (all funds) has actually decreased from $12,421 in FY88 to $12,296 in FY93; however, the total cost to South Carolina keeps increasing due to the increasing number of inmates admitted each year. It is also helpful to place these incarceration costs in perspective with other costs: the per in-state student cost at USC for 1993-94 is $6,400 and the per capita income in South Carolina for 1992 is $15,989.

During the same time period, the number of inmates with a dangerous drug offense as the most serious offense almost doubled from 11.1 percent of the population in FY88 to 21.7 percent of the inmate population in FY93. The dangerous drug offense category is the number one ranking serious offense category in the SCDC. Of the 18,976 inmates in the August 19, 1993 jurisdictional population, 6,256 inmates stated that they were under the influence of alcohol and/or drugs at the time of committing their crime. During FY93, 60 percent of the inmates, by self-report, indicated that their offense was in some way related to drug/alcohol usage. Ten (10) percent (1,227 inmates) of the admissions were for a DUI offense.

In an effort to combat the drug abuse problem, SCDC has implemented a number of innovative approaches. Treatment, education, interdiction, and drug testing weave a total fabric of intervention. Through the Drug Control and System Improvement Grant Program, administered through the Office of the Governor, the SCDC has been able to increase its efforts. During the FY93 grant funding year, the SCDC received a six (6) month grant award for continuation of the Midland's Addictions Treatment Unit (ATU). From December 1, 1992 through June 30, 1993, the SCDC absorbed the cost for continuing the program. In FY93/94, funds were appropriated by the General Assembly to fund the program. This was the last year for grant funding for drug testing, SCDC now funds the program. The drug dog and its handler continues to be funded through the System Improvement funds. This specially trained dog is able to sniff out drugs at all of the SCDC facilities and is a deterrent to contraband entering the institutions.

The Midland's ATU is a unique interagency approach to identifying and treating 60 inmates (48 men and 12 women) within a 60-day treatment cycle prior to being released through the Parole Board. The ATU has admitted 1181 inmates since August 21, 1989. Cocaine, marijuana and alcohol are the primary drugs of choice for these inmates. The ATU is a collaborative effort between the South Carolina Department of Corrections (SCDC), the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS), the South Carolina Parole Board, and the South Carolina Department of Alcohol and Other Drug Abuse Services (SCDAODAS). The Parole Board recommends clients for the ATU and the (SCDAODAS). The Parole Board recommends clients for the ATU and the (SCDPPPS) provides for parole supervision for the ATU clients for at least a year after release from SCDC. The SCDAODAS provides for the treatment personnel for the ATU and also provides alcohol/drug abuse aftercare services through its "301" system after release.

Through the Drug Control and System Improvement Grant Program, the SCDC was awarded a grant to expand the ATU concept into the Appalachian area of the State at the Livesay Work Center. The SCDC has prepared the initial drawings and the construction has begun. After the facility is completed in the spring of 1994, the program will begin treating 60 male inmates.

The SCDC has also submitted a grant for a 30-bed Addictions Unit for female clients at State Park Correctional Center. This plan was initially rejected but it is now under appeal and will hopefully be funded.

A grant has also been submitted through SCDAODAS for the Edward Byrne Memorial State and Local Law Enforcement Program Corrections Options Grant Program. This program will operate under a collaborative model and will target youthful offenders (under 30 years of age) from the Coastal Region of the state (primarily Charleston, Berkeley, and Dorchester Counties) who have violated their parole due to some type of involvement with alcohol and/or other drugs and who would have been incarcerated if the proposed program were not available. The is a 48-bed residential alcohol and other drug treatment center which will be located at SCDC's Coastal Work Center in Charleston, South Carolina.

The SCDC also submitted a grant to the Center for Substance Abuse Treatment (CSAT) for the Model Substance Abuse Treatment Programs for Correctional Populations. This grant, New Connections, was submitted through SCDAODAS in concert with the SCDC and will be a 252 bed alcohol and other drug abuse residential program located at Manning Correctional Institution in Columbia for chronic drug abusers. This program will house a therapeutic community (96-beds), a 90-day ATU (composed of 60 beds for work-release candidates and 36 beds for youthful offenders), a transitional institution program (60 beds) and continuing care in the community. The program will serve approximately 350 inmates annually.

A small collaborative pilot project with SCDAODAS was begun to provide the Alcohol and Drug Safety Action Program (ADSAP) for inmates prior to release. The ADSAP program is a voluntary program for inmates who have been convicted of a Driving Under the Influence (DUI) offense. This program, is a joint effort of the staff of the SCDC's Division of Human Services, Lower Savannah Work Center, SCDAODAS, and the Aiken County Commission on Alcohol and Drug Abuse (Referred to as the Aiken Center). Five (5) inmates have graduated from the program.

Drug testing was conducted on 9,410 inmates at work-release centers last year and 444 tested positive. Two thousand one hundred and forty-four (2,144) tests were conducted on inmates in the furlough program. Only 3 tests were positive. This ability to determine which inmates abuse substances prior to having more public contact permits SCDC to stop drug abusing inmates from going on furlough or work release. Furthermore, these inmates are referred to treatment.

The Division of Human Services within SCDC also provides a number of drug and alcohol intervention services. During FY92-93, the following services were provided by Institutional Social Workers or Mental Health Counselors:

Alcoholics Anonymous Groups 4577

Narcotics Anonymous Groups 687

Addictions Treatment Unit 320

Alcohol/Drug Education Courses 4324

Alcohol/Drug Group Therapy 1269

Alcohol/Drug Individual Therapy 52

Other Substance Abuse Programming 38
Fifty-one percent of the inmate population state on admission to SCDC that alcohol and other drugs were involved in their crime in some manner. SCDC's Human Services staff conducted a random survey in June 1993 on 394 inmates who were identified as chronic abusers. The results are as follows:

62% were poly-drug users

52% have a family history of alcohol and other drug abuse

32% had a prior DUI conviction

35% had prior alcohol and other drugs treatment in the community

14% had prior treatment for mental illness

Alcohol was used by 84% of the sample, marijuana was smoked by 53% of this group, cocaine was used by 41% of those surveyed, amphetamines was taken by 16% and hallucinogens was ingested by 53% of the total.

As can be seen, SCDC has taken a multi-focused attack on the problem of alcohol and other drug abuse within a correctional setting. Further resource needs by SCDC are identified below:

30-bed unit* for female offenders,

96-bed unit* for chronic, alcohol and other drugs offenders with sociopathic tendencies (a therapeutic community),

60-bed unit* for work-release candidates,

36-bed unit* for alcohol and other drugs offenders committed under the Alcohol and Other Drugs Act,

48-bed unit* for chronic drinking DUI offenders,

Expansion of ADSAP Services for DUI offenders,

Development of an substance abuse awareness training curriculum for correctional officers and other SCDC staff,

Enhancement of the Reception and Evaluation (R&E) Centers' screening for alcohol and other drug problems,

Development and implementation of research resources as to adequately assess treatment outcome, recidivism and relapse data and to determine who are the most likely candidates who will succeed, and the

Enhancement of Alcoholics Anonymous and Narcotics Anonymous groups within all of the SCDC institutions.

* Grant proposals have been completed for these populations.

(On motion of Senator J. VERNE SMITH, ordered printed in the Journal of Friday, January 28, 1994)

ADJOURNMENT

At 11:12 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Tuesday, February 1, 1994, at 12:00 Noon.

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