Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 3170, May 1 | Printed Page 3190, May 1 |
Printed Page 3180 . . . . . Wednesday, May 1, 1996
When amended Section 16-3-655(3) reads:

/"(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older not less than four years older than the victim."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. Section 16-3-655 of the 1976 Code is amended by adding at the end:

"(4) A person is guilty of sexual misconduct with a minor, a misdemeanor, if the actor engages in a consensual sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is older than the victim but is not more than four years older than the victim nor is related to the victim. A person convicted of this offense must be imprisoned not more than three years./

Renumber sections to conform.

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4765--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT

Printed Page 3181 . . . . . Wednesday, May 1, 1996
OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9305AC.96), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1, and inserting:

/SECTION 1. Section 44-53-250(a) of the 1976 Code is amended to read:

"(a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1)Alprazolam

(2)Barbital

(3) Bromazepam

(4)Camazepam

(5)Chloral betaine

(6)(4) Chloral hydrate

(7)(5) Chlordiazepoxide

(8)Clobazam

(9)(6) Clonazepam

(10)(7)Clorazepate

Printed Page 3182 . . . . . Wednesday, May 1, 1996
(11)Clotiazepam

(12)Cloxazolam

(13)Delorazepam

(14)(8)Diazepam

(15)Estazolam

(16)(9)Ethchlorvynol

(17)(10)Ethinamate

(18)Ethyl Loflazepate

(19)Fludiazepam

(20)(11)Flunitrazepam

(21)(12)Flurazepam

(22)(13)Halazepam

(23)Haloxazolam

(24)Ketazolam

(25)Loprazolam

(26)(14)Lorazepam

(27)Lormetazepam

(28)(15)Mebutamate

(29)Medazepam

(30)(16)Meprobamate

(31)(17)Methohexital

(32)(18)Methylphenobarbital

(33)Nimetazepam

(34)Nitrazepam

(35)Nordiazepam

(36)(19)Oxazepam

(37)Oxazolam

(38)(20)Paraldehyde

(39)(21)Petrichloral

(40)(22)Phenobarbital

(41)Pinazepam

(42)(23)Prazepam

(43)(24)Temazepam

(44)Tetrazepam

(45)Triazolam."/

Amend further, by deleting SECTION 3 and inserting:

/SECTION 3. Section 44-53-710 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have has exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental

Printed Page 3183 . . . . . Wednesday, May 1, 1996
Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."/

Amend further, by deleting Section 44-53-720(1) and inserting:

/(a1) To use in treatment, maintenance, or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health as approved by the Department of Health and Environmental Control.;/

Amend further, by deleting SECTION 6 and inserting:

/SECTION 6. Section 44-53-740 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 44-53-740. The Board of the Department of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or a facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."/

Renumber sections to conform.

Amend title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4394--OBJECTIONS AND CONTINUED

The following Bill was taken up.

H. 4394 -- Reps. Byrd, Harvin, J. Brown, White, Cave, Moody-Lawrence, Clyburn and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-95 SO AS TO PROVIDE THAT AS PART OF ANNUAL IN-SERVICE TRAINING, TEACHERS AND SCHOOL ADMINISTRATORS SHALL RECEIVE INSTRUCTION IN CONFLICT

Printed Page 3184 . . . . . Wednesday, May 1, 1996
RESOLUTION AND PEER MEDIATION IN THE MANNER THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22765SD.96).

Amend the bill, as and if amended, by striking Section 59-3-95 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 59-3-95. (A) Beginning with school year 1997-98, the State Department of Education shall provide in-service training in conflict resolution and peer mediation in the manner it determines appropriate to school district personnel as provided in this section.

(B) Each school district of this State, beginning with school year 1997-98, is authorized to, but is not required to, designate one employee of the district to receive the conflict resolution and peer mediation training provided by the Department of Education.

(C) Beginning with school year 1997-98, the district employee after completing the conflict resolution and peer mediation training provided by the Department of Education shall in turn provide the training to certified personnel of the district in the manner and to the degree determined by the district.

(D) This conflict resolution and peer mediation training both by the State Department of Education and the local school districts shall be in accordance with appropriations provided for this purpose./

Renumber sections to conform.

Amend totals and title to conform.

Rep. STILLE explained the amendment.

Rep. TRIPP objected to the Bill.

Rep. STILLE continued speaking.

Reps. LIMBAUGH and COTTY objected to the Bill.

Rep. J. BROWN moved to adjourn debate upon the Bill until Tuesday, May 7.

Rep. LIMBAUGH moved to continue the Bill.

Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:

Yeas 52; Nays 46

Printed Page 3185 . . . . . Wednesday, May 1, 1996
Those who voted in the affirmative are:
Allison              Boan                 Brown, H.
Cato                 Chamblee             Cooper
Cotty                Dantzler             Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Hutson               Jaskwhich            Keegan
Kelley               Kirsh                Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Loftis
Marchbanks           Mason                McKay
Meacham              Rice                 Richardson
Riser                Robinson             Sandifer
Sharpe               Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Tripp                Trotter
Vaughn               Waldrop              Wells
Whatley              Wilder               Wilkins
Young-Brickell

Total--52

Those who voted in the negative are:

Anderson             Bailey               Baxley
Breeland             Brown, J.            Brown, T.
Byrd                 Cain                 Cave
Clyburn              Cobb-Hunter          Cromer
Govan                Harris, J.           Harrison
Hines, J.            Hines, M.            Hodges
Howard               Jennings             Kinon
Klauber              Lee                  Lloyd
Martin               McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Phillips
Quinn                Seithel              Shissias
Stille               Stuart               Thomas
Townsend             Tucker               Whipper, L.
Whipper, S.          White                Wilkes
Wofford

Total--46
Printed Page 3186 . . . . . Wednesday, May 1, 1996
So, the Bill was continued.

H. 4838--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10798JM.96), which was adopted.

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

/SECTION 1. The agency charged by law with the administration of motor vehicle licensing and registration shall develop and utilize a process that allows a motor vehicle driver who commits a traffic violation in another state to produce a cancelled check as sufficient evidence of satisfaction of an out-of-state violation.

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

Amend title to conform.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

S. 571--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED

Printed Page 3187 . . . . . Wednesday, May 1, 1996
ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9303AC.96), which was adopted.

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

/SECTION 1. Sections 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-220(b), 12-43-235, 12-43-270, 12-49-230, and Chapter 41, Title 12 of the 1976 Code are repealed.

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

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.

Printed Page 3188 . . . . . Wednesday, May 1, 1996
H. 4340--RECOMMITTED

The following Bill was taken up.

H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.

Rep. SPEARMAN explained the Bill.

Rep. SPEARMAN moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

S. 1195--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE

Printed Page 3189 . . . . . Wednesday, May 1, 1996
DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
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