Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index
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S. 1381 -- Judiciary Committee: A bill to amend Section 1-3-220, code of laws of South Carolina, 1976, relating to the governor filling vacancies in an office of the executive department by appointment under certain conditions, ... Section 17-22-120, as amended, relating to individual intervention agreements entered into by a defendant and the solicitor in a pretrial intervention program, so as to conform a reference to the commission on alcohol and drug abuse to the restructuring act; Section 17-25-80, relating to the authority of the commissioner of the
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department of corrections regarding hard labor, so as to change the name of the commissioner; ....... (Abbreviated) Without Reference, Sens. Saleeby and Passailaigue.

HOUSE BILLS

H. 3012 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A bill to amend the code of laws of South Carolina, 1976, 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 and 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 w/out Reference, Sen. Ford desires to be present, Rec'd 2nd.

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 of the code of laws of South Carolina, 1976. Referred to Agriculture & Natural Resources.

H. 3134 -- 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 the code of laws of South Carolina, 1976, 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 the code of laws of South Carolina, 1976, by adding Section 56-1-285 so as to provide for a six-month's

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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. 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, code of laws of South Carolina, 1976, 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, code of laws of South Carolina, 1976, relating to the implied consent to a chemical test to determine the alcoholic content of the blood of a person who operates a motor vehicle upon the public roads of this state, so as to decrease the percentages of alcohol in a person's blood used to create presumptions which must be used in determining the guilt of persons violating the provisions of Section 56-5-2930 and provide that it must be inferred that a person is under the influence of alcohol if there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood; and to provide a transition period for the reduction of the percentage. Referred to Judiciary.

H. 3232 -- Reps. Rudnick, J. Harris, Cobb-Hunter, Corning, Davenport, Robinson, J. Bailey and Richardson: A bill to amend the code of laws of South Carolina, 1976, 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, code of laws of South Carolina, 1976, relating to state

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agency rule making and adjudication of contested cases by adding article 5 so as to establish the South Carolina administrative law judge division the judges of which individually shall hear, determine, and preside over contested cases of certain state agencies and commissions, and in panels shall hear workers' compensation appeals from the single commissioner level rather than a panel of the workers' compensation commission or the full commission, and to amend Section 42-3-20, relating to the workers' compensation commission, so as to delete references to panels of the commission and the authority of these panels or the full commission to conduct reviews of single commissioner decisions. Referred to Judiciary.

H. 3260 -- Reps. Sheheen, Hodges, Quinn, Wilkins, Huff, Rogers, M.O. Alexander and Clyborne: A bill to enact the South Carolina law enforcement efficiency and consolidation act of 1993 by amending article 1, chapter 3 of title 23 of the 1976 code, relating to the state law enforcement division, 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 alcoholic beverage control commission and the enforcement of certain alcoholic beverage laws, so as to provide that the South Carolina law enforcement division 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 alcoholic beverage control commission, the department of highways and public transportation, and the law enforcement department of the public service commission; to revise the term of the chief of the south carolina law enforcement division, to further provide for the manner in which the division must be structured and for the personnel thereof, to provide for the maintenance and service of vehicles of the division by the department of highways and public transportation, 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, code of laws of South Carolina, 1976, relating to suspension or revocation of licenses issued by the alcoholic beverage control 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

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for a violation of Section 61-13-290. Referred to Labor, Commerce and 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 the code of laws of South Carolina, 1976, 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, code of laws of South Carolina, 1976, relating to the implied consent to a chemical test to determine the alcoholic content of the blood of a person who operates a motor vehicle upon the public roads of this state, so as to decrease the percentages of alcohol in a person's blood used to create presumptions which must be used in determining the guilt of persons violating the provisions of Section 56-5-2930 and provide that it must be inferred that a person is under the influence of alcohol if there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood. 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, code of laws of South Carolina, 1976, 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. 3301 -- Reps. Neilson, Hines, Davenport, Canty, Harwell, Moody-Lawrence, Byrd, A. Young and Riser: A bill to amend title 8, code of laws of South Carolina, 1976, relating to public offices and

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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 the code of laws of South Carolina, 1976, 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 and 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, code of laws of South Carolina, 1976, 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, Favorable w/ Amendment.

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 South Carolina commission on alcohol and drug abuse 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 and Means.

H. 3345 -- Reps. Jennings, Martin and Huff: A bill to amend the code of laws of South Carolina, 1976, 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 the 1976 code 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

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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 and Means, Favorable w/ amendments, Objections by Reps. Breeland, Felder, Holt, Inabinett, Whipper and Williams.

H. 3353 -- Rep. Fair: A bill to abolish the South Carolina alcoholic beverage control commission and transfer its regulatory powers, duties, and responsibilities to the south carolina tax commission and its regulation and law enforcement and inspection responsibilities to the state law enforcement division; to amend the code of laws of South Carolina, 1976, 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 alcoholic beverage control commission, so as to abolish the commission and provide for the appointment of an alcoholic beverage control 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 alcoholic beverage control commission,..... (Abbreviated) Referred to Judiciary.

H. 3430 -- Rep. Harrelson: A bill to enact the South Carolina law enforcement commission act of 1993 by adding chapter 49 to title 23 of the 1976 code, so as to create the South Carolina law enforcement commission, provide for its membership, duties and powers and responsibilities;......

Article 3, chapter 3 of title 58, relating to the law enforcement department of the public service commission; 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 alcoholic beverage control commission and the enforcement

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of certain alcoholic beverage laws, and so as to provide that the south carolina law enforcement commission 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 alcoholic beverage control commission, the department of highways and public transportation, the wildlife and marine resources commission, ......

To abolish the South Carolina alcoholic beverage control commission and transfer its regulatory powers, duties, and responsibilities to the South Carolina tax commission and its regulation and law enforcement and inspection responsibilities to the South Carolina law enforcement commission; to amend Sections 61-1-10 and 61-1-20, code of laws of South Carolina, 1976, relating to the alcoholic beverage control commission, so as to abolish the commission and provide for the appointment of an alcoholic beverage control 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, code of laws of South Carolina, 1976, relating to public offices and employees by adding chapter 10 so as to authorize certain drug and alcohol testing of prospective state employees. Referred to Labor, Commerce and Industry, Rec's 2nd, Rec'd 3rd, Sent to Senate.

H. 3538 -- Rep. Davenport: A joint resolution proposing an amendment to article xv of the constitution of South Carolina, 1895, relating to impeachment of certain officers, by adding Section 4, so as to provide for recalling and removing from public office persons holding state or local government offices filled by a vote of qualified electors and to require the general assembly to enact implementing legislation. Referred to Judiciary.

H. 3571 -- Rep. Harwell: A joint resolution proposing an amendment to Section 14, article iii of the constitution of South Carolina, 1895,

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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, code of laws of South Carolina, 1976, 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, <Companion Bill Passed S.1096>.

H. 3594 -- Rep. T.C. Alexander: A bill to amend the code of laws of South Carolina, 1976, 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 and Means, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary.

H. 3638 -- Reps. Wilkins, Clyborne, Huff, Quinn, Wright, Corning and Baxley: A bill to amend Section 56-5-2950, code of laws of South Carolina, 1976, 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 the 1976 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, code of laws of South Carolina, 1976, relating to the authority of the South Carolina alcoholic beverage control commission to regulate alcoholic

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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 and Industry.

H. 3747 -- Reps. Wilkins, Hodges and Huff: A bill to amend Section 61-13-287, code of laws of South Carolina, 1976, 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, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Amended, Rec'd 2nd, Notice of general amendments, Sens. Richter, Land and Martin desire to be present, Rec'd 3rd.

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, code of laws of South Carolina, 1976, 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, code of laws of South Carolina, 1976, 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 the code of laws of South Carolina, 1976, by adding article 5 to chapter 5, title 61 so as to provide for hospitality cabinets. Referred to Labor,Commerce and 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 the code of laws of South Carolina, 1976, 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 the code of laws of South Carolina, 1976, by adding Section 61-5-23 so as to provide a limitation on the issuance of private organization or club sale

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and consumption licenses by the alcoholic beverage control commission. Referred to Labor, Commerce and Industry.

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