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
| Printed Page 200, Jan. 13 | Printed Page 220, Jan. 13 |
Printed Page 210 . . . . . Friday, January 13, 1995
H. 3896 -- Reps. Cromer, T.C. Alexander and Carnell: A bill to amend the code of laws of South Carolina, 1976, 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.

H. 3932 -- Rep. Fair: A bill to amend the code of laws of South Carolina, 1976, 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.

H. 3968 -- Rep. Kirsh: A bill to amend Sections 12-21-1060, 12-37-330, and 12-33-485, code of laws of South Carolina, 1976, 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.

H. 3981 -- Rep. Fair: A bill to prohibit the use of state funds to pay for an abortion.

H. 4003 -- Reps. Rogers, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A bill to amend the code of laws of South Carolina, 1976, 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.

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, code of laws of South Carolina, 1976, relating to reckless homicide, so as to increase the term of imprisonment.

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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, code of laws of South Carolina, 1976, 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.

H. 4032 -- Reps. Wilkins and Clyborne: A bill to amend the code of laws of South Carolina, 1976, 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 the South Carolina department of social services, 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 the south carolina department of health and environmental control and the South Carolina commission on alcohol and drug abuse 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 the South Carolina commission on alcohol and drug abuse, 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.

H. 4043 -- Reps. Kelley, McAbee, Keegan and Witherspoon: A bill to amend section 61-3-1020, as amended, code of laws of South Carolina, 1976, 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.

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H. 4051 -- Rep. Wilkes: A bill to amend Section 40-43-150, as amended, code of laws of South Carolina, 1976, 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.

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 South Carolina, 1895, relating to declaration of rights, by adding Section 24 so as to provide for the "victims' bill of rights".

H. 4066 -- Reps. Govan, Moody-Lawrence, Kirsh and Fair: A bill to amend the code of laws of South Carolina, 1976, by adding Section 16-17-760 so as to prohibit the sale and use of cigarette or tobacco paper.

H. 4118 -- Reps. Neal, Moody-Lawrence, Inabinett, Cobb-Hunter, Whipper, Anderson and Beatty: A bill to amend Section 12-21-620, code of laws of South Carolina, 1976, 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.

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 the code of laws of South Carolina, 1976, 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.

H. 4303 -- Reps. T.C. Alexander, Davenport, Kirsh, Walker, Haskins, Meacham, Snow, Rudnick, Allison, Richardson and Harvin: A bill to amend Section 44-53-370, as amended, code of laws of South Carolina, 1976, relating to trafficking in cocaine, so as to provide for a

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mandatory minimum term of imprisonment without parole, work release, or supervised furlough.

H. 4338 -- Reps. Martin, Corning, Davenport, Walker and Meacham: A bill to amend Section 44-53-370, as amended, code of laws of South Carolina, 1976, relating to trafficking in cocaine, so as to provide for a mandatory minimum term of imprisonment without parole, work release, or supervised furlough; and to amend Section 44-53-375, as amended, relating to possession, sale, manufacture, and distribution of ice, crank, or crack cocaine, so as to provide for a mandatory minimum term of imprisonment without parole, work release, or supervised furlough, to define prior convictions for purposes of sentencing, and to provide the punishment for conspiracy to violate this section.

H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A bill to amend Section 44-53-370, as amended, code of laws of South Carolina, 1976, relating to trafficking in cocaine, so as to provide for a mandatory minimum term of imprisonment without parole, work release, or supervised furlough; to amend Section 44-53-375, as amended, relating to possession, sale, manufacture, and distribution of ice, crank, or crack cocaine, so as to provide for a mandatory minimum term of imprisonment without parole, work release, or supervised furlough and to define prior convictions for purposes of sentencing; and to amend Section 16-1-60, as amended, relating to the list of violent crimes, so as to add trafficking in crack cocaine.

H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A bill to amend Section 16-1-60, as amended, code of laws of South Carolina, 1976, relating to violent crimes, so as to repeal the provisions requiring the crime to be defined as a violent crime at the time it was committed.

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H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A joint resolution proposing an amendment to Section 1, article viii-a of the constitution of South Carolina, 1895, relating to powers of the general assembly pertaining to alcoholic liquors and beverages, so as to delete detailed requirements for the regulation of alcoholic liquors and beverages and authorize the general assembly to regulate their consumption.

H. 4404 -- Reps. Simrill, Walker and Meacham: A bill to amend Section 56-5-1210, code of laws of South Carolina, 1976, relating to duties of driver involved in accident resulting in death or personal injury, so as to increase the penalties for leaving the scene of an accident when death results.

H. 4406 -- Reps. Thomas, Rudnick and Keyserling: A bill to amend Section 61-5-20, as amended, code of laws of South Carolina, 1976, 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, as amended, 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.

H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A bill to enact the "schoolhouse safety alliance act of 1994" ......

H. 4423 -- Rep. Farr: A bill to amend Section 20-7-410, as amended, code of laws of South Carolina, 1976, relating to jurisdiction of certain violations by juveniles, so as to require the family courts to report also violations that affect the juvenile's privilege to drive; to amend Section 56-1-745, as amended, relating to suspension of driver's licenses for controlled substance violations, so as to make technical corrections and to define controlled substance violations; to amend Section 56-1-747, relating to what constitutes a conviction for suspension purposes, so as to include juvenile proceedings.

H. 4557 -- Rep. Simrill: A bill to amend Section 44-95-20, code of laws of South Carolina, 1976, relating to places where smoking is prohibited under the clean indoor air act of 1990, so as to provide that local school district boards are not prohibited from making school district facilities smoke free; to provide an exception for governmental entities that had a nonsmoking policy in effect in governmental buildings before August 1, 1990; 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.

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H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A bill to amend the code of laws of South Carolina, 1976, by adding Section 14-1-205 so as to provide that all costs, fees, fines, penalties, forfeitures, and other revenue generated by the circuit courts and family courts must be remitted 56 percent to the county and 44 percent to the state and to provide exceptions; by adding Section 14-1-206 so as to provide an assessment equal to 62 percent of a criminal fine imposed in general sessions and family court and to provide for the collection and distribution of the assessment; by adding Section 14-1-207 so as to provide an assessment equal to 88 percent of a criminal fine imposed in magistrates' court and to provide for the collection and distribution of the assessment; by adding Section 14-1-208 so as to provide an assessment equal to 68 percent of a criminal fine imposed in municipal court and to provide for the collection and distribution of the assessment; by adding Section 11-5-175 so as to require the state treasurer to provide a quarterly report to each department or agency that receives money collected pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208; and by adding Section 11-7-25 so as to require the state auditor to examine the books and records of the clerks of court, magistrates, and municipal courts for compliance with Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208; to amend Section 8-21-310, as amended, relating to fees and costs generally, so as to delete the requirement of dividing the fifty-five dollar filing fees; to amend Section 14-17-725, relating to collection cost for fines paid on installments, so as to provide for collecting cost for assessments paid on installments; to amend Section 16-23-50, as amended, relating to penalties for certain weapons violations, so as to delete remittance of the fine to municipalities; to amend Section 22-3-545, relating to the transfer of certain criminal cases from general sessions, so as to provide for the distribution of money collected pursuant to Section 14-1-205; to amend Section 44-53-310, relating to civil fines for violation of registration of controlled substances, so as to provide that fines must be remitted to the state treasurer for deposit and benefit of the department of mental health for its drug addiction treatment facilities; to amend Section 44-53-370, as amended, relating to the possession of certain controlled substances, so as to revise the distribution of fines and forfeitures; to amend Section 48-1-350, relating to disposition of penalties collected for violation of the pollution control act, so as to revise disposition of civil and criminal penalties; to amend Section 56-1-190, relating to having a driver's license in possession, so as to delete provisions allowing reduction of court costs; to amend Section 56-3-1971, as amended, relating to handicap parking violations, so as to delete the five dollar assessment; to amend Section
Printed Page 216 . . . . . Friday, January 13, 1995
56-5-1520, as amended, relating to fines for speeding, so as to delete the allocation of a portion of the fine to the general fund; to amend Section 56-5-2940, as amended, relating to penalties for driving under the influence of intoxicating liquors or narcotic drugs, so as to delete remittance of a portion of the fine to the state office of victim assistance; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical tests of breath, blood, and urine, so as to delete the fifty dollar fee; to repeal Sections 14-1-210 relating to the establishment of cost of court fee to fund certain programs; 14-1-212 relating to the imposition of an additional fee in general sessions court; 14-1-213 relating to fees for certain defense of indigents; 16-11-700(e)(6) relating to assessments for litter violations; 20-7-1510 relating to the disposition of fines, forfeitures, and other revenues; 24-23-210 relating to fees assessed on persons convicted of criminal offenses for the purpose of defraying the costs of community corrections programs; 44-53-580 relating to the disposition of fines; 56-1-725 relating to traffic points assessment; 61-13-480 and 61-13-490 both relating to distribution of certain fines and assessments.

H. 4661 -- Reps. J. Harris and Phillips: A bill to amend Section 56-1-140, code of laws of South Carolina, 1976, relating to contents of driver's license, so as to require the department of revenue and taxation to place on the license "don't drink & drive, don't litter sc".

H. 4818 -- Rep. Hodges: 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,........

To the restructuring act; Section 19, part ii, act 164 of 1993, relating to referendums for the continuation of payouts for video poker machines, so as to conform references to tax commission to the restructuring act; Sections 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, and 12-21-6050, relating to the marijuana and controlled substance tax act, so as to change references to the tax commission to conform to the restructuring act;

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; ....... (Abbreviated)

H. 4847 -- Rep. G. Bailey: A bill to amend Section 61-3-461, as amended, code of laws of South Carolina, 1976, relating to restrictions on the number of retail liquor stores in which a person may have an interest, so as to delete a provision which stipulates that an interest of a relative by

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blood or marriage within the second degree of any person constitutes an interest of that person for purposes of this restriction.

H. 4942 -- Rep. D. Smith: A bill to amend the code of laws of South Carolina, 1976, by adding Section 44-53-377 so as to provide for the offense of attempting to possess or purchase a controlled or imitation controlled substance and for penalties; to amend Section 16-1-60, as amended, relating to the definition of violent crime, so as to include an additional section pertaining to drug trafficking; to amend Section 16-19-130, relating to the crimes of betting, pool selling, and bookmaking, so as to revise the penalties; to amend Section 16-19-160, relating to punchboards for gaming, so as to revise the penalties; to amend Section 44-53-370, as amended, relating to the offenses for trafficking in controlled substances, so as to provide additional penalties for trafficking in marijuana; to amend Section 44-53-375, as amended, relating to the offenses pertaining to ice, crank, and crack cocaine, so as to delete the offense for "attempting to possess" the drug and revise the penalties; to amend Section 44-53-391, relating to drug paraphernalia, so as to revise related offenses and penalties; and to amend Section 44-53-450, relating to conditional discharges for the first offense pertaining to illegal drugs, so as to include an additional offense to which the discharge applies and correct an obsolete reference.

H. 4968 -- Rep. Jennings: A bill to amend the code of laws of South Carolina, 1976, by adding Section 20-7-385 so as to make it unlawful for a person under seventeen years of age to loiter on the premises of a store that sells beer, wine, alcoholic liquor, or other alcoholic beverages.

H. 5010 -- Reps. Gonzales, Meacham, Harrelson, Hines, Kelley, Hallman, A. Young, J. Bailey, Inabinett, Thomas, Stone, Kirsh, Huff, Haskins, Stille, Robinson, Simrill, Beatty, Wofford, Hutson, Moody-Lawrence, J. Harris, Davenport and Mattos: A bill to amend Section 61-3-461, as amended, code of laws of South Carolina, 1976, relating to the limit on retail liquor store licenses issued to a single person, so as to provide that the extension of the limit on interest to relatives within the second degree applies to relatives residing in the person's household and to provide that the limit on interests in retail liquor stores beyond the maximum of three applies to financial interests.

H. 5057 -- Judiciary Committee: A bill to amend title 2, code of laws of South Carolina, 1976, by adding chapter 48 so as to enact the community corrections incentive act to enable courts to sentence nonviolent offenders to less costly community correctional facilities for housing both state and local inmates in alternative sentencing programs;....

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By adding article 17, chapter 13, title 24 so as to enact the South Carolina incarceration reimbursement act; by adding article 19, chapter 13, title 24 so as to establish the center for alcohol and drug rehabilitation; by adding Section 24-21-560 so as to require all prisoners who commit a crime after december 31, 1994, to satisfactorily complete a community supervision program operated by the department of probation and community supervision and to specify the requirements of the program; ..... (Abbreviated)

H. 5060 -- Rep. Clyborne: A bill to amend the code of laws of South Carolina, 1976, by adding Section 44-53-447 so as to make it unlawful for a person to distribute, sell, purchase, manufacture, or to lawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of a housing project, housing development, or residential housing and to provide penalties for violations.

TABLED

H. 3025 -- Rep. Tucker: To abolish the South Carolina alcoholic beverage control commission as a separate agency or department of state government; to transfer all of the powers, duties, functions, rights, and privileges of the south carolina alcoholic beverage control commission to the south carolina law enforcement division; to provide that the south carolina law enforcement division 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 south carolina alcoholic beverage control commission;......

To amend Section 61-1-40, code of laws of South Carolina, 1976, relating to the transfer of certain powers and duties of the tax commission to the alcoholic beverage control 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 the South Carolina law enforcement division acting through its division of alcoholic beverage control; .... (Abbreviated)

H. 3069 -- Reps. Rudnick, Phillips, Spearman, Felder, Cromer, J. Bailey and Baxley: A bill to amend the code of laws of South Carolina, 1976, by adding Section 16-3-65 so as to establish the crime of reckless endangerment and provide a penalty for violation.

H. 3131 -- Rep. Kirsh: A bill to amend Section 56-1-745, as amended, code of laws of South Carolina, 1976, 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

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person is accepted into a pretrial intervention program for any such offense, the person's driver's license must be suspended.

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, code of laws of South Carolina, 1976, 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.

H. 3503 -- Rep. Davenport: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-3-415, so as to provide that all powers in chapter 3, title 61, conferred upon the alcoholic beverage control 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.

H. 3537 -- Rep. McAbee: A bill to amend chapter 5, title 61, code of laws of South Carolina, 1976, 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.

H. 3656 -- Rep. D. Smith: A bill to amend the code of laws of South Carolina, 1976, 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 the 1976 code 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;.... (Abbreviated)

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