SENATE JOURNAL for May 3, 1996 - South Carolina Legislature Online

South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

FRIDAY, MAY 3, 1996

Friday, May 3, 1996
(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 LANDER.

May 1996

To The Honorable David Beasley, 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 formulations 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 activities of 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 problem.

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 given the same attention to alcohol and drug problems as it has previously given to drug problems alone.

This is the Committee's last report as the Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse is no longer in existence.

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

HOUSE MEMBERS

/s/ Representative Michael L. Fair

/s/ Representative Heyward G. Hutson

/s/ Representative Bessie Moody-Lawrence

/s/ Representative Harry C. Stille

GOVERNOR'S APPOINTEES

Mrs. Leslie Harrison

/s/ Ms. Tippi Craig

/s/ Mr. Jarvis Klapman

/s/ Mr. L.R. Perry

JOINT LEGISLATIVE COMMITTEE TO STUDY
THE PROBLEMS OF ALCOHOL AND DRUG ABUSE

The 1994-95 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 1994-95 the Committee emphasis has focused on a number of major alcohol and drug related issues and proposals.

At the Annual Meeting..

Members were instrumental in the passage of major legislative proposals as follows:

H. 3037 -- Rep. Kirsh: 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 certain 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, and to provide that a person may be convicted of child endangerment in addition to the other offenses. Rec'd 1st, Referred to Judiciary, Fav. Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Amended, Rec'd 2nd, Rec'd 3rd, H=non concurrence in Sen. Amendment, S=insists upon amendments, H&S= Conference Powers granted, Conference Committee S=Glover, Rose, Stilwell H=Knotts, Scott, Kirsh, Conf. Comm reported, Rec'd, Adopted, Enrolled (R314), Signed by Governor (6-7-95), ACT 81

H. 3567 -- Rep. Quinn: A bill to amend Section 61-1-95, as amended, code of laws of South Carolina, 1976, relating to beer, wine, and alcoholic beverage permits and licenses, so as to delete the prohibition on the issue of a permit or license following suspension or revocation to any person within the third degree of kinship to the person whose permit or license was suspended and to delete the prohibition on issuing a permit or license following suspension or revocation to a partner or person with a financial interest in the premises of the establishment for which the permit or license was suspended. Rec'd 1st, Referred to H-LCI, Fav. with amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Rec'd 2nd, Notice general amendments, Amended, Carried Over, Rec'd 3rd, Enrolled (R151), Unsigned by Governor (6-13-95), ACT 143

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A bill to enact the South Carolina family independence Act of 1995 so as to establish the welfare policy of the state; to, among other things, require the state department of social services to expand its employment assistance services and to expand its work support program statewide; to require afdc recipients to enter agreements in order to receive afdc and to provide sanctions for noncompliance; .......Rec'd 1st, Referred to Judiciary, Fav. with amendment, Special order under H.3696, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to General Committee, Rec'd 2nd, Amended, Rec'd 3rd, H=non-concurrence in Sen. amendment, S=insists upon amendment, Conference powers granted S=Thomas, Wilson, Washington H=Huff, Cromer, Cotty, Adopted by Conf. Comm., Enrolled (R156), Signed by Governor (6-12-95), ACT 102

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A bill to amend Section 61-3-990, as amended, code of laws of South Carolina, 1976, relating to restrictions on sales by retail dealers of alcoholic beverages, so as to authorize the sale of alcoholic beverages in sealed containers of two ounces or less for consumption in commercial aircraft engaged in interstate commerce.Rec'd 1st, Referred to Ways and Means, Favorable Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Favorable Report, Rec'd 2nd, Gen. amendment, Rec'd 3rd, Enrolled (R157), Unsigned by Governor (6-13-95), ACT 103

H. 3758 -- Reps. Cotty and Kinon: A bill to amend Section 1-3-480, code of laws of South Carolina, 1976, so as to authorize the governor, with the consent of congress, to enter into compacts and agreements for the deployment of the national guard with governors of other states concerning drug interdiction and related activities; and by adding Section 1-3-490 so as to adopt the national guard mutual assistance counterdrug activities compact to provide for mutual assistance and support among the party states in the utilization of the national guard in drug interdiction, counterdrug activities, and demand reduction activities.Rec'd 1st, Referred to Judiciary, Fav. Report, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Returned to House with Amendment, Sen. concurred, Enrolled (R169), Unsigned by Governor (6-13-95), ACT 113

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A bill to amend Section 12-33-210, as amended, code of laws of South Carolina, 1976, relating to alcoholic beverage licenses for purposes of the alcoholic beverage control act, so as to provide for prorated licenses; to repeal Section 12-33-220, relating to an obsolete provision allowing proration of licenses, and to provide for refunds in cases of certain licenses issued after november, 1994.Rec'd 1st, Referred to H-LCI, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate,Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, returned to House with amendment, Con. Comm. appointed; S=Ryberg, Cork, G. Smith H=Richardson, Kelley, Thomas, Enrolled (R219), Signed by Governor (7-20-95), ACT 144

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A bill to amend the code of laws of South Carolina, 1976, by adding Section 12-21-735 so as to provide for payment of the license tax on cigarettes and tobacco products by the reporting method rather than by tax stamps; and to repeal Sections 12-21-720, 12-21-730, and 12-21-820, relating to cigarette license tax stamps.Rec'd 1st, Referred to H-LCI, Fav. Report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Finance, Amended, Rec'd 2nd, rec'd 3rd, returned to House with amendment, concurred, Enrolled (170), Signed by Governor (6-7-95), ACT 114

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A bill to amend Act 346 of 1975, relating to the tricounty commission on alcohol and drug abuse, so as to revise the composition of the commission; to delete the requirement that the chairmanship must rotate; to add additional powers and duties; to provide additional distribution of copies of the commission audit report; and to provide that all members currently serving on the commission continue to serve until the expiration of their current terms.Rec'd 1st, Placed on calendar without reference, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Medical Affairs, Rec'd 2nd, Rec'd 3rd, Enrolled (R181), Signed by Governor (6-12-95), ACT 122

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.

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 following is a Legislative Status Report of bills introduced during the 1994-95 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted will be pending in the 1995-96 Legislative Session.

Senate Bills

S. 11 -- Senator Giese: 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 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 five 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. Rec'd 1st, Referred to Transportation

S. 20 -- Senator Giese: 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 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 transportation. Rec'd 1st, Referred to Transportation

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson and Elliott: A bill to amend Section 17-25-45, code of laws of South Carolina, 1976, relating to a life sentence for a person who has three convictions for certain crimes, so as to provide for a mandatory sentence of life imprisonment without parole upon a third conviction of a "most serious offense", to define "most serious offense", and to provide for the application of this section.Rec'd 1st, Referred to Judiciary, Recalled, placed on calendar without reference, Rec'd 2nd with general amendments, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 47 -- Senator Jackson: A bill to amend Section 44-95-20 of the code of laws of South Carolina, 1976, relating to places where smoking is prohibited, so as to prohibit smoking in the public areas of the state house. Rec'd 1st, Referred to Medical Affairs

S. 78 -- Senator McConnell: 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. Rec'd 1st, Referred to Judiciary

S. 82 -- Senators McConnell, Rose and Wilson: 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. Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A bill to amend Section 17-15-10, code of laws of South Carolina, 1976, relating to the release of a noncapital offender on his own recognizance, so as to provide for the offenses for which and the circumstances under which bail may be denied and to define violent crimes.Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary

S. 111 -- Senator Peeler: A bill to amend Section 3-9-10, code of laws of South Carolina, 1976, relating to federal surplus property, so as to authorize the division of general services to enter into agreements with federal agencies to conduct and direct the disposal of excess or surplus property of those federal agencies or the federal government, and to provide that no other state agency that receives state appropriated funds or local agency may perform this function; to amend the 1976 code by adding Section 11-35-715 so as to require all state governmental bodies receiving state appropriated funds including the department of transportation to comply with provisions of law requiring the use of the division of general services when disposing of surplus property regardless of other exemptions which have been granted to the consolidated procurement code; to amend Section 11-35-3820, relating to the allocation of the proceeds of the sale of surplus property, so as to provide that all proceeds must be applied to the credit of the governmental body owning the property for the purchase of like items; to amend Section 44-53-530, as amended, relating to the seizure, forfeiture, and sale of property used in illegal drug transactions, so as to provide that public auctions of this property must be conducted by the division of general services, and the division of general services must be notified annually of the property which has been retained by the seizing agency; to amend the 1976 code by adding Section 50-3-115 so as to provide that public auctions of personal property seized and forfeited to the department of natural resources must be conducted by the division of general services, to require the division to be notified by the department of certain property retained by it for its own use, and to provide exceptions; and to amend Section 50-11-740, as amended, relating to the confiscation, forfeiture, and sale of property used in the hunting of deer or bear at night, so as to provide that the department of natural resources acting through the division of general services as its authorized agent shall conduct the public auctions at which this property is sold and that the sale must be conducted in the same manner surplus property is sold under the consolidated procurement code.Rec'd 1st, Referred to Judiciary

S. 119 -- Senator Rose: A bill to amend title 44, code of laws of South Carolina, 1976, by adding chapter 54 so as to create the south carolina drug impaired infants act, to amend Section 20-7-290, relating to the rendering of health services to minors without parental consent, so as to provide that a physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of parents under certain circumstances, to amend Section 20-7-510, relating to the requirement that certain persons report instances of child abuse or neglect, so as to add subsection (d) to provide the circumstances under which persons are required to report positive results of drug or alcohol testing performed on a newborn, to amend Section 44-7-260, relating to hospitals, etc. And requirements for licensure, so as to provide, among other things, that no facility or service that provides diagnostic treatment or rehabilitative services related to alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant, to amend Section 44-49-40, relating to powers and duties of the department of health and environmental control concerning narcotics and controlled substances, so as to coordinate services of the department relating to prenatal substance abuse, to amend Section 44-53-140, relating to the alcohol and drug abuse commitment, so as to provide that evidence obtained in the administering of health care may not be used against the person seeking treatment in any proceeding except proceedings initiated by the department of social services, and to amend Sections 59-32-20 and 59-32-30, relating to education, so as to provide for the development and inclusion of appropriate drug education curricula concerning the effects of alcohol and drug abuse. Rec'd 1st, Placed on calendar without Reference, Rec'd 2nd, Carried Over, committed to Finance, Recalled, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to H3M

S. 128 -- Senator Rankin: A bill to amend Section 56-1-460 of the code of laws of South Carolina, 1976, relating to penalties for driving while license is canceled, suspended or revoked, so as to decrease the period of incarceration from sixty to thirty days for a second offense, when the suspension is not pursuant to Section 56-5-2990, relating to suspensions for driving under the influence. Rec'd 1st, Referred to Transportation

S. 140 -- Senator Wilson: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-70 so as to provide for the issuance and cost of a distinguishing decal to indicate that the person in control of a motor vehicle consents to its search for illegal drugs and provide for the search. Rec'd 1st, Referred to Judiciary

S. 155 -- Senator Lander: A joint resolution to appropriate from fiscal year 1993-94 surplus revenues three hundred fifty thousand dollars for a replacement seven county regional rehabilitation facility for alcohol and drug abuse treatment located in newberry county. Rec'd 1st, Referred to Finance

S. 165 -- Senator Hayes: A bill to amend Section 44-95-20, as amended, 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; 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. Rec'd 1st, Referred to Medical Affairs

S. 242 -- Senator Gregory: (Companion Bill H.3112) A bill to amend Section 56-5-2950, as amended, 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 eighty days the time a driver's license must be suspended for refusal to submit to a chemical breath test. Rec'd 1st, Referred to Judiciary

S. 246 -- Senator Martin: A bill to amend Section 56-5-6240, code of laws of South Carolina, 1976, 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. Rec'd 1st, Referred to Judiciary

S. 247 -- Senator Passailaigue: A bill to amend Section 61-9-312, code of laws of South Carolina, 1976, relating to special permits for off-premises consumption and disposition of revenue, so as to provide that such revenue will be credited to the general fund of the state to be appropriated in proportionate shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated for construction and repair of infrastructure and to define infrastructure; to amend Section 12-21-1120, relating to beer and wine license taxes, so as to provide that the revenue collected from special permits under Section 61-9-312 shall be credited to the general fund of the state to be appropriated in proportionate shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated to be used for construction and repair of infrastructure; and to amend Section 12-21-2720, relating to licenses for coin-operated devices or machines, so as to provide that the revenue generated from the licensing of certain coin-operated devices shall be credited to the general fund of the state to be appropriated in proportionate shares to the south carolina department of public safety and the county general fund in the county in which the revenue is generated. Rec'd 1st, Referred to Finance

S. 264 -- Senators Stilwell, Moore, Rose and Jackson: 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, so as to exclude the office of lieutenant governor because the manner in which vacancies in this office are filled are provided for in other provisions of law; Section 1-3-240, as amended, relating to the removal of state and county officers, by the governor, so as to revise a reference to the department of revenue and taxation and its commission; (ABBREVIATED) - Technical amending and restructuring of house version. Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Fav. w/ amendments, Recommited, Recalled, Conf. Comm. - S=Jackson, Stilwell, Moore H=Harrison, Hodges, Huff

S. 284 -- Senator Mitchell: A bill to enact the "criminal justice refinement and planning act of 1995"; to amend the code of laws of South Carolina, 1976, by adding chapter 27 to title 24 so as to provide for community corrections incentive, including providing, among other things, that the department of corrections and the department of probation, pardon and parole jointly shall develop and implement criteria to assist the courts in identifying offenders who would be suitable candidates for commitment and referral to a community corrections facility;.....ABBREVIATED Rec'd 1st, Referred to Corrections and Penology

S. 326 -- Senators Hayes and Wilson: A bill to amend Section 44-53-520, as amended, code of laws of South Carolina, 1976, 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. Rec'd 1st, Referred to Judiciary

S. 328 -- Senator Hayes: A bill to amend Section 44-53-445, as amended, code of laws of South Carolina, 1976, relating to distribution of a controlled substance within proximity of a school, so as to make this crime a separate criminal offense. Rec'd 1st, Referred to Judiciary

S. 389 -- Senators J. Verne Smith, Washington, Patterson and Giese: (Companion Bill H.3372) A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-9-415 so as to provide for the regulation of the retail sale of beer by the keg by means of a keg registration number, maintenance of records, and deposit and forfeiture provisions, and to provide that failure to comply is a ground for revocation or suspension of the retailer's permit.Rec'd 1st, Referred to Judiciary

S. 397 -- Senator Ryberg: A bill to amend Section 61-1-105, code of laws of South Carolina, 1976, relating to circumstances under which a partial refund is allowed of a licensed beer, wine, or alcoholic liquor license or permit fee, so as to provide a partial refund for any reason which resulted in the close of the licensed or permitted establishment during the first year of the biennial period and to provide for such refunds for biennial licenses or permits issued after June 30, 1992. Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd - general amendments, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Returned to Sen. with amendments, Enrolled for Ratification

S. 444 -- Senators Glover, Jackson, Washington, Ford and Giese: A bill to amend article 1, chapter 9, title 61, code of laws of South Carolina, 1976, by adding Section 61-9-190 so as to require a retailer to affix a metal or plastic identification tag to each beer keg that is sold, rented, or leased and record the identification number along with the purchaser's name, address, phone number, and driver's license number. Rec'd 1st, Referred to Judiciary

S. 559 -- Senator Rose: A bill to amend Title 20, Chapter 4, code of laws of South Carolina, 1976, relating to protection from domestic abuse, by enacting the "protection from post-separation family violence act"; by adding article 3 so as to create a presumption that no parent with a history of family violence may be awarded custody of a child and to provide circumstances that may overcome the presumption; to provide for supervised visitation under certain conditions; to require separation, divorce, child custody, and visitation orders to contain an injunction against the perpetrator of family violence; to require the perpetrator of family violence to pay all court and attorney fees and costs incurred for medical and psychological care necessitated by the family violence; and to designate Sections 20-4-10 through 20-4-130 as Title 20, Chapter 4, Article 1 named "protection from domestic violence".Rec'd 1st, Referred to Judiciary, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, rec'd 1st, Referred to Judiciary

S. 621 -- Senators Hayes and Waldrep: A bill to amend Section 56-5-1210, code of laws of South Carolina, 1976, relating to duties of a driver involved in an accident resulting in death or personal injury, so as to increase the penalty for a driver who leaves the scene of an accident when death or great bodily injury occurs; and to amend Section 56-5-1220, relating to duties of a driver involved in an accident resulting in damage to an attended vehicle, so as to increase the penalty for a driver who leaves the scene of an accident when an attended vehicle is damaged.Rec'd 1st, Referred to Judiciary

S. 654 -- Senator Greg Smith: A bill to amend chapter 5, title 61, code of laws of South Carolina, 1976, by adding Section 61-5-185 so as to provide that a permit authorized by Section 61-5-180 may be issued to nonprofit organizations and businesses located east of the intracoastal waterway in a county that is contiguous to a county that has annual accommodations tax collections in excess of six million dollars and has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180. Rec'd 1st, Referred to Judiciary, Recalled, Placed on Calendar without reference, Amended, Rec'd 2nd, Rec'd 3rd, Sent to House, Rec'd 1st, Referred to Judiciary, Fav. Report, Objection

S. 690 -- Senator Thomas: A bill to amend Section 22-3-540, code of laws of South Carolina, 1976, relating to a magistrate's court's exclusive and concurrent jurisdiction, so as to provide the magistrate's court concurrent jurisdiction over second and subsequent offense proceedings for driving while a person is under the unlawful influence of narcotics, liquor, drugs, or other substances, and driving while a person's driver's license is canceled, suspended, or revoked. Rec'd 1st, Referred to Judiciary

S. 701 -- Senators Hayes, Wilson, Richter and Martin: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2951 so as to provide for an administrative driver's license and permit revocation procedure for a person arrested while driving under the influence of alcohol or another substance; to amend Section 56-1-10, as amended, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical test or breath, blood, and urine to determine the presence of alcohol or drugs on a motor vehicle operator, so as to revise the number of tests that may be administered and the procedure for utilizing the test results, to delete the driver's license and permit suspension procedure, and to make technical changes. Rec'd 1st, Referred to Judiciary

S. 702 -- Senators Hayes, Wilson, Richter and Martin: A bill to amend Section 56-1-10, as amended, code of laws of South Carolina, 1976, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; to amend Section 56-5-2930, relating to the unlawful use of narcotics, liquor, drugs, or similar substances by a motor vehicle driver, so as to revise the circumstances upon which a person may not operate a motor vehicle.Rec'd 1st, Referred to Judiciary

S. 796 -- Senator Land: A bill to amend Title 39, Chapter 24, code of laws of South Carolina, 1976, relating to drug product selection, by adding article 3 so as to enact the fair price act for prescription drugs, to define terms, to prescribe pricing procedures under certain circumstances, and to provide penalties; and to designate Sections 39-24-10 through 39-24-60 as Article 1 of Chapter 24, Title 39 and entitled "drug product selection" and to rename Title 39, Chapter 24 as "drug product selection and drug pricing".Rec'd 1st, Referred to Medical Affairs

HOUSE BILLS

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A bill to amend Section 56-1-515, code of laws of South Carolina, 1976, relating to the unlawful alteration or use of a motor vehicle driver's license, so as to increase the penalty for violation. Rec'd 1st, Referred to Transportation, Fav. w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Transportation

H. 3112 -- 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. Rec'd 1st, Referred to Judiciary

H. 3115 -- Reps. Shissias, Gamble, Neilson and Baxley: A bill to amend Section 20-7-420, as amended, code of laws of South Carolina, 1976, relating to jurisdiction of the family court, so as to include the authority to order parties in a divorce action to attend the parent and child transitions program, an educational program conducted by the department of alcohol and other drug abuse services on the effects of divorce on children; and to add Section 44-49-90 so as to direct the department to develop and implement this program and to authorize the department to charge a fee for the program. Rec'd 1st, Referred to Judiciary, Fav. w/ amendments, Debate adjourned, Recommitted to Committee

H. 3150 -- Rep. Kirsh: A bill to amend Sections 56-1-745 and 56-1-746, both as amended, code of laws of South Carolina, 1976, relating to driver's license suspension due to a conviction of a controlled substance violation and underage purchase and possession of alcohol offenses, so as to provide that if a person is accepted into a pretrial intervention program for either offense, the person's driver's license must be suspended. Rec'd 1st, Referred to Judiciary

H. 3238 -- Judiciary Committee: A bill to amend the code of laws of South Carolina, 1976, by adding Section 24-3-435 so as to allow local governments, school districts, and charitable organizations to use inmates to perform construction, repair, and maintenance services; (ABBREVIATED), Truth and Sentencing Bill. Rec'd 1st, placed on calendar without reference, Amended, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary, Majority fav. with amendments, minority unfavorable

H. 3264 -- Rep. Anderson: A bill to amend section 44-53-530, as amended, code of laws of South Carolina, 1976, relating to the forfeiture procedures, the disposition of forfeited items, and the disposition of proceeds of sales of real or personal property confiscated pursuant to the seizure of controlled substances, so as to modify the distribution of proceeds from the sale of property forfeited to provide for the compensation of persons providing information leading to the forfeiture of property, and to provide funds to establish and operate substance abuse facilities. Rec'd 1st, Referred to Judiciary

H. 3292 -- Rep. Rogers: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2949 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. Rec'd 1st, Referred to Judiciary

H. 3294 -- Rep. Rogers: A bill to amend Section 16-1-60, as amended, 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 Rec'd 1st, Referred to Judiciary

H. 3306 -- Reps. Simrill and Meacham: A bill to amend Section 56-5-6240, as amended, code of laws of South Carolina, 1976, 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 driving under suspension and upon a second or subsequent, rather than a fourth or subsequent, violation of driving under the influence.Rec'd 1st, Referred to Judiciary, Tabled in Committee

H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: 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.Rec'd 1st, Referred to Ways and Means, Recalled, Referred to Judiciary.

H. 3318 -- Reps. Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and Dantzler: 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.Rec'd 1st, Referred to Ways and Means

H. 3355 -- Reps. Harvin and Govan: A concurrent resolution expressing appreciation to William Jerome (Jerry) McCord for his outstanding service to the state of south carolina as director of the Department of Alcohol and Other Drug Abuse Services, and extending best wishes to him in his future endeavors. Introduced, adopted, Sent to Senate, Introduced, adopted, returned with concurrence.

H. 3372 -- Reps. Fair, Stille and Moody-Lawrence: (Companion Bill S.389) A bill to amend the code of laws of south carolina, 1976, by adding section 61-9-415 so as to provide for the regulation of the retail sale of beer by the keg by means of a keg registration number, maintenance of records, and deposit and forfeiture provisions, and to provide that failure to comply is a ground for revocation or suspension of the retailer's permit. Rec'd 1st, Referred to H-LCI

H. 3379 -- Reps. Law, Trotter, Robinson, S. Whipper and Dantzler: A bill to amend the code of laws of South Carolina, 1976, by adding Section 46-1-160 so as to prohibit the sale of tobacco products on credit, define terms, and provide an exception and penalties.Rec'd 1st, Referred to H-LCI, Tabled in Committee

H. 3384 -- Rep. Cromer: a bill to amend section 61-3-440, as amended, code of laws of south carolina, 1976, relating to the distance from a church, school, or playground required for a place of business to be licensed to sell alcoholic liquors, so as to require a minimum five hundred feet regardless of location, to require the distance to be measured to the nearest property line of the church, school, or playground, and to exempt from the requirement renewal of licenses of establishments or locations licensed as of July 1, 1995.Rec'd 1st, Referred to H-LCI

H. 3481 -- Reps. Fair, A. Young, Easterday, Herdklotz, Simrill, Townsend, Stille, Rice, Cooper, Davenport, Tripp, Vaughn, J. Young, Mason, Cato, Fleming, Koon, Cotty and Witherspoon: 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. Rec'd 1st, Referred to Judiciary

H. 3500 -- Reps. Limehouse, A. Young, Wofford, Hallman, Bailey, Tripp, Koon, Simrill, Kirsh, Seithel, Fulmer, Stuart, J. Harris, Rice, Cooper, Harrell, Witherspoon, Wilkes, Stille, Dantzler, Whatley, Davenport, Cato, Mason, Allison, J. Young, Fleming, Kennedy and Cotty: A bill to amend Section 56-5-6240, as amended, code of laws of South Carolina, 1976, relating to forfeiture, confiscation, and disposition of vehicles seized for conviction of driving under suspension or driving under the influence or alcohol or drugs, so as to provide for forfeiture of a vehicle upon a second or subsequent, rather than a fourth or subsequent, violation of driving with a suspended driver's license. Rec'd 1st, Referred to Judiciary

H. 3543 -- Reps. Littlejohn, Walker, Wells, D. Smith, Lanford, Davenport and Allison: A joint resolution to appropriate from fiscal year 1993-94 surplus revenues three hundred fifty thousand dollars for a rehabilitation facility for alcohol and drug abuse treatment located in spartanburg county. Rec'd 1st, Referred to Ways and Means

H. 3570 -- Reps. Knotts, Wright, Davenport, Bailey and Riser: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-3-435 so as to make an alcoholic beverage retail dealer's license transferable to another holder by sale or will or operation of law and prescribe the terms and conditions under which this transfer may occur; to authorize a retail license to be moved to a new location and to provide the terms and conditions under which this move may occur; to amend Section 12-33-210, as amended, relating to alcoholic beverage license taxes, so as to increase the license tax on the biennial retail dealer's license from one thousand two hundred dollars to two thousand four hundred dollars; to amend Section 61-3-480, as amended, relating to the authority of the department of revenue and taxation to limit the number of alcoholic beverage retail outlets in a political subdivision, so as to provide a maximum number of retail dealer's licenses allowed in a county based on population, allow current licenses to be renewed regardless of the limit, and allow a license in a municipality with no location regardless of the limitation, and provide for the issuing of retail licenses by lot when the number of applicants exceed the number of licenses available.Rec'd 1st, Referred to H-LCI

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A joint resolution to create a study committee to examine state law relating to the requirements for the transportation, possession, and consumption of alcoholic liquors in minibottles and to examine amendments to state law pertaining to alcoholic liquor by the drink.Rec'd 1st, Referred Judiciary,

H. 3669 -- Reps. Neilson, Mason, Lloyd, Littlejohn, Cotty, Jaskwhich, Simrill, Hutson, Stuart, Tripp, Herdklotz, Vaughn, McMahand, Fair, Robinson, Davenport, Easterday, Marchbanks, Rice and Cato: A bill to amend Section 56-5-2940, as amended, code of laws of south carolina, 1976, relating to the penalties for a person who drives while under the influence of alcohol, drugs, narcotics, or similar substances, so as to make a second offense or subsequent offense a felony.Rec'd 1st, Referred to Judiciary

H. 3670 -- Reps. Neilson, Cobb-Hunter, Hines, Wilder, Rice, Easterday, Hutson, Tripp, Littlejohn, Herdklotz, Vaughn, Robinson, Davenport, Fair, Cato, Marchbanks and Stuart: A bill to amend Section 56-5-2950, as amended, code of laws of South Carolina, 1976, relating to the implied consent to chemical tests of breath, blood, and urine 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 of under the influence or no presumption of being under the influence which must be used in determining the guilt of a person violating the provisions of Section 56-5-2930 and to 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.Rec'd 1st, Referred to Judiciary

H. 3683 -- Reps. Seithel, Cain, G. Brown, Herdklotz, J. Young, Haskins, Simrill, Hallman, Keegan, Sandifer, Jaskwhich, Harrell, Vaughn, Moody-Lawrence, Trotter, Rice, Phillips, Whatley, Easterday, Wells, Marchbanks, Davenport, S. Whipper and Harvin: A bill to amend the code of laws of South Carolina, 1976, by adding Section 61-5-35 so as to prohibit drinking games in establishments which sell alcoholic liquors for consumption on the premises, to provide penalties, and to define "drinking games" and "alcoholic liquors".Rec'd 1st, Referred to Judiciary

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A bill to amend Section 56-1-460, as amended, code of laws of South Carolina, 1976, relating to the penalties associated with a person driving while his license is canceled, suspended, or revoked, so as to revise the penalty.Rec'd 1st, Referred to Judiciary

H. 3737 -- Rep. Rogers: A bill to amend the code of laws of South Carolina, 1976, by adding Article 10 to Chapter 3, Title 23 so as to enact the South Carolina contraband forfeiture act of 1995, which declares as contraband and makes subject to forfeiture personal property used or involved in the commission of a felony and to provide that the money derived from the sale of this contraband property must be used for certain purposes including use by the law enforcement agency making the seizure. Rec'd 1st, Referred to Judiciary

H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 10 to title 8 so as to authorize certain drug and alcohol testing of prospective state employees.Rec'd 1st, Referred to H-LCI, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Rec'd 1st, Referred to Judiciary

H. 3778 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, Richardson, Stuart, Vaughn, Rice, Allison and Stille: A bill to amend the code of laws of South Carolina, 1976, by adding chapter 14 to title 8 so as to establish uniform standards for pre-employment and employment drug testing of state employees, require this drug testing under certain conditions, and provide procedures for its confidentiality, reliability, and fairness. Rec'd 1st, Referred to H-LCI

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A bill to amend Section 12-33-210, as amended, code of laws of South Carolina, 1976, relating to alcoholic beverage licenses for purposes of the alcoholic beverage control act, so as to provide for prorated licenses; to repeal Section 12-33-220, relating to an obsolete provision allowing proration of licenses, and to provide for refunds in cases of certain licenses issued after november, 1994.Rec'd 1st, Referred to H-LCI, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to Senate,Rec'd 1st, Referred to Judiciary, Rec'd 2nd, Rec'd 3rd, returned to House with amendment, Con. Comm. appointed; S=Ryberg, Cork, G. Smith H=Richardson, Kelley, Thomas
Enrolled (219), Signed by Governor (7-20-95), ACT 144

H. 3813 -- Rep. J. Harris: A bill to amend Section 12-33-210, as amended, code of laws of South Carolina, 1976, relating to alcoholic beverage licenses for purposes of the alcoholic beverage control act, so as to provide for prorated licenses; to amend Sections 61-3-710, 61-5-70, and 61-9-310, all as amended, relating to permitting and licensing periods for beer, wine, and alcoholic beverages, so as to provide for prorated fees for beer and wine permits, and to delete obsolete provisions; and to repeal Section 12-33-220, relating to an obsolete provision allowing proration of licenses.Rec'd 1st, Referred to H-LCI

H. 4014 -- Rep. Wilkins: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2951 so as to provide for an administrative driver's license and permit revocation procedure for a person arrested while driving under the influence of alcohol or another substance and to provide that certain evidence presented in this proceeding may be used in a criminal prosecution; to amend Section 56-1-10, as amended, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical test or breath, blood, and urine to determine the presence of alcohol or drugs on a motor vehicle operator, so as to revise the number of tests that may be administered and the procedure for utilizing the test results, to delete the driver's license and permit suspension procedure, and to make technical changes.Rec'd 1st, Referred to Judiciary

H. 4051 -- Reps. Govan, S. Whipper and Byrd: A bill to amend the code of laws of South Carolina, 1976, by adding Section 44-53-595 so as to provide definitions, to provide civil liability for and the recovery of damages from a person who participates in the illegal drug market within the state, to provide a statute of limitations for the filing of a civil action, to provide for the representation of a governmental entity in a civil action filed pursuant to this section, and to authorize a stay of an action under certain circumstances.Rec'd 1st, Referred to Judiciary

H. 4059 -- Rep. Wilkins: A bill to amend the code of laws of South Carolina, 1976, by adding Section 56-5-2951 so as to provide for an administrative driver's license and permit revocation procedure for a person arrested while driving under the influence of alcohol or another substance and to provide that certain evidence presented in this proceeding may be used in a criminal prosecution; to amend Section 56-1-10, as amended, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; and to amend Section 56-5-2950, as amended, relating to implied consent to chemical test or breath, blood, and urine to determine the presence of alcohol or drugs on a motor vehicle operator, so as to revise the number of tests that may be administered and the procedure for utilizing the test results, to delete the driver's license and permit suspension procedure, and to make technical changes.Rec'd 1st, Referred to Judiciary

H. 4060 -- Rep. Wilkins: A bill to amend section 56-1-10, as amended, code of laws of South Carolina, 1976, relating to definitions for purposes of motor vehicle laws, so as to provide a definition for "alcohol" and "alcohol concentration"; to amend Section 56-1-2030, as amended, relating to definitions for purposes of commercial driver's licenses, so as to eliminate the definition for "alcohol" and "alcohol concentration"; to amend Section 56-5-2930, relating to the unlawful use of narcotics, liquor, drugs, or similar substances by a motor vehicle driver, so as to revise the circumstances upon which a person may not operate a motor vehicle.Rec'd 1st, Referred to Judiciary

H. 4108 -- Reps. Neilson, Herdklotz, A. Young, Fair, Easterday and Jaskwhich: A bill to amend Section 56-5-2950, as amended, code of laws of South Carolina, 1976, relating to the implied consent to chemical tests of breath, blood, and urine 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 of under the influence or no presumption of being under the influence which must be used in determining the guilt of a person violating the provisions of Section 56-5-2930 and to provide that it must be inferred that a person is under the influence of alcohol if there was at that time six one-hundredths of one percent or more by weight of alcohol in the person's blood.Rec'd 1st, Referred to Judiciary

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

The citizens of South Carolina continue to be affected by the use and abuse of alcohol and other drugs. It not only affects the health of South Carolinians, it also negatively impacts the social and economic conditions of the state. The Department of Alcohol and Other Drug Abuse Services continues to counter the negative effects of alcohol and other drug abuse through prevention, intervention and treatment strategies.

During FY95 this was accomplished by maintaining ongoing prevention, intervention and treatment programs and services to address these and other problems while at the same time continuing efforts to find new ways to reach previously underserved populations.

During the year, DAODAS contracted for and helped coordinate more than 24,600 prevention activities impacting more than 623,000 individual South Carolinians. Once again, the South Carolina Teen Institute for Alcohol and Other Drug Abuse Prevention was the largest and most comprehensive prevention initiative conducted by the state system. During FY95, three week-long training sessions were held as part of the Teen Institute. These sessions involved a total of 504 students and 101 advisors representing 101 teams from high schools throughout South Carolina. Also, DAODAS maintains its participation in the Drug Abuse Resistance Education (DARE) program, an interagency effort involving DAODAS, the South Carolina Criminal Justice Academy, the South Carolina Law Enforcement Division, the State Department of Education, and the South Carolina Department of Public Safety.

In South Carolina, an estimated 226,000 individuals ages 12 and older currently are identified as alcohol and/or other drug dependent and are in need of other intervention or treatment services. During FY95, 53,304 clients received direct intervention and/ or treatment services through the state's county alcohol and drug abuse authorities. Specifically, 30,587 clients received direct services through intervention programs offered as an alternative to the development of more serious problems. These services are provided through the Alcohol and Drug Safety Action Program (ADSAP), the School Intervention Program (ScIP), Offender Based Intervention Program (OBI) and Employee Assistance Programs (EAPs). The remaining 22,717 clients received treatment ser-vices because of pressure exerted by family members, friends or other influences, including the judicial process. Many additional South Carolinians received treatment through private agencies; other state or community agencies such as the South Carolina Vocational Rehabilitation Department and the South Carolina Department of Mental Health; private treatment centers; or through self-help groups including Alcoholics and Narcotics Anonymous.

DAODAS continues its involvement with several agency programs designed to identify individuals who are experiencing alcohol-and other drug-related problems and to provide specialized treatment services for those identified high-risk populations. Specific efforts have involved many other state agencies including the South Carolina Department of Mental Health; South Carolina School for the Deaf and Blind; South Carolina Department of Corrections; South Carolina Department of Probation, Parole and Pardon Services; the South Carolina Department of Juvenile Justice; South Carolina Health and Human Services Finance Commission; South Carolina Vocational Rehabilitation Department; South Carolina Department of Social Services; the Wil Lou Gray Opportunity School; the Medical University of South Carolina and the South Carolina Department of Health and Environmental Control.

The continuing expansion of one of these programs involving the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services and several county alcohol and drug abuse authorities has been the pre-release addictions treatment services provided to inmates in the state correctional system through the Addiction Treatment Units (ATUs). The ATU continued at the Watkins Pre-Release Center during FY95 with 292 individuals successfully completing the program at that site. Additional ATUs that became fully operational during FY95 include the following:

1. New Connections, a 190-bed unit at the Manning Correctional Institution in Columbia; 60 individuals successfully completed the program.

2. Coastal Addictions Treatment Program, a 48-bed unit for probation and parole violators at Coastal Work Release Center in Charleston; 83 individuals successfully completed the program.

3. Appalachian Addictions Treatment Unit, a 60-bed unit at Livesay Work Center in Spartanburg; 109 individuals successfully completed the program.

4. Women's Addictions Treatment Center, a 30-bed unit at State Park Correctional Center in Columbia; 51 women successfully completed the program.

This program was the first such program in the state designated specifically for female inmates who are in need of addictions treatment services.

The total number of successful completions from an ATU since the program's inception in 1989 is now over 1,900 individuals.

This year saw the continuation of a grant received from the federal Center for Substance Abuse Treatment for "The Bridge" program designed to provide intensive community-based outpatient treatment services for adolescents following their release from addictions treatment facilities and/or from institutional care within the South Carolina Department of Juvenile Justice. Of the more than 400 adolescents who have received assessment through "The Bridge" project, 97 percent have continued into the intensive case management phase. Of these, 68 percent have progressed into continuing care. Only six of those who have received services beyond the assessment phase have been reincarcerated as of June 30, 1995, and none have been readmitted for inpatient care to an addictions treatment facility. Federal funding for this program will terminate on September 30, 1996.

DAODAS continues to place emphasis on the unique programming needs of women. DAODAS is responsible for directing efforts to improve the availability and
accessibility of alcohol-and drug-related services for women who have dependent children. In addition, DAODAS serves as a resource for other state agencies and also coordinates special initiatives targeting women. Located within the Department's Office of Women's Services is the Women's Resource Center, an information clearinghouse on women's issues, specifically as they relate to the use of alcohol, tobacco and other drugs. DAODAS continues to assist with the management of full community-based prevention projects targeting women in Lexington, Richland, Aiken, Georgetown, Marion and Dillon counties. These projects target two major populations, lower-income pregnant women with young children and elderly women at risk for adverse effects of alcohol and other drug use.

The contracts for the women's community residences continue to be coordinated and managed by DAODAS, including a 24-bed facility operated by the Lexington/ Richland Alcohol and Drug Abuse Council that serves a statewide need for women who require residential therapeutic accommodations following the completion of a more intensive phase of inpatient treatment. During FY95, 150 women were served by this residential program. Also, Serenity Place, which is operated by the Greenville County Commission on Alcohol and Drug Abuse, has 10 beds for women and can accommodate up to 20 dependent children. This facility provided services for 33 women. Florence County's Chrysalis Center, in its first full year of operation with 16 beds for women and accommodating approximately 32 dependent children, provided services for 33 women. These latter two programs provide services for women and their children for up to 1 years and give priority access to pregnant women for treatment. The New Life Residential Treatment Program was opened in Charleston during this year and provided services for 14 women.

During FY95, DAODAS monitored and tracked more than 120 legislative bills relating to alcohol and other drug abuse issues. A significant piece of legislation, the Family Independence Act of 1995, establishes a welfare policy requiring family skills training for persons eligible for AFDC benefits. A component of this program must include an alcohol and other drug assessment and coordination of services with DAODAS. If the recipient of AFDC benefits is determined to be in need of treatment, these services are required in order to maintain benefits.

Progress continues on many fronts related to other legislative initiatives including bills that address the problem of driving under the influence (DUI). The Administrative License Revocation Bill, which would revoke the driver's license with a designated blood alcohol concentration (BAC) level without requiring a conviction, has been reintroduced in both the House and the Senate. Other bills in progress would revoke the driver's license of anyone under the age of 21 who drives with a BAC of .02 percent or greater. Another bill would lower the BAC inference for DUI from .10 to .08 percent. A general resolution has been proposed to study the constitutional requirement for distribution of alcohol by the drink. This issue deals with the dispensing of alcohol by the drink versus the mini-bottle. There are several initiatives being assessed to provide more expensive and better service for pregnant addicted women and children. A major bill dealing with this issue has passed the Senate and is in the House.

The Department of Alcohol and Drug Abuse Services will continue to refine systems of care and search for innovative and cost efficient ways to insure that appropriate prevention intervention, and treatment services are available to meet the needs of the citizens of South Carolina. DAODAS will work in cooperation and collaboration with the Governor, the legislature, the judiciary and all agencies of government in order to meet our goal of providing affordable, quality and accessible services.

SOUTH CAROLINA DEPARTMENT OF EDUCATION:

The South Carolina Department of Education's Safe and Drug-Free Schools Team devotes resources to addressing the youth violence and alcohol and drug problems of South Carolina's students. This team administers, directs, and maintains the federal Safe and Drug-Free Schools grant reauthorized in 1994, allocating 91% of the state's State Department of Education funds to school districts and directing program funds to wide-ranging activities supporting violence reduction and alcohol and drug abuse reduction, i.e., Second Step Conflict Resolution (grades K-8), Student Assistance Program training, D.A.R.E., the Coaches' Conference on Alcohol, Other Drugs, and Athletes, National Safe Schools Week, Red Ribbon Week Activities, and to collect legally mandated data for the annual School Crime Incident Report.

The South Carolina Department of Education (SDE) plans to conduct four regional trainings in a widely respected conflict resolution program, "Second Step", for selected individuals in each school district, who will be responsible for training teachers in schools to implement the curriculum. This curriculum has been used nationwide for almost 20 years and has been credited with significant reductions in expulsions, suspensions, counseling referrals, and discipline problems related to conflict and violence.

As required by the Safe Schools Act of 1990, the SDE collects data from all school districts quarterly on school crime incidents and reports annually to the legislature in January. This information helps schools and communities assess their local needs in relation to school crime, school violence, risk behaviors of students, and school safety.

The team co-sponsored the Ninth Annual Coaches Conference on Alcohol, Other Drugs and Athletes in May, 1995. This one-day conference for coaches and athletes highlighted the harmful effects of alcohol and other drugs for attendees. The guest speakers included many professional athletes. South Carolina's colleges were also represented. This annual conference is co-sponsored by the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS), the United States Drug Enforcement Administration, the Athletic Department and School of Medicine at the University of South Carolina, the South Carolina High School League, the South Carolina Association for Health, Physical Education, Recreation and Dance, and the Governor's School for Science and Mathematics. The Tenth Annual Conference is scheduled for May, 1996.

In the 1994-95 school year, 6 school districts in 6 counties were selected for development and implementation of the Student Assistance Program (SAP). This program addresses early identification, assessment, referral support and case management of alcohol and other drug-related problems for K-12 students, families, schools and communities. The Student Assistance Program helps students currently experiencing problems and those at risk for problems to succeed in school and complete their education. Each SAP included prevention activities, intervention activities, educational support groups, core teams, policy and procedure statements, peer assistance, crisis management teams, training and awareness, employee assistance programming curriculum, community mobilization and evaluation. This program is being implemented in cooperation with DAODAS with funding being provided by both agencies.

Project Drug Abuse Resistance Education (Project D.A.R.E.) was expanded in the state with two training classes of certified law enforcement officers with forty-six law enforcement agencies completing the training. The curriculum was revised and all D.A.R.E. officers were required to receive an eight hour block of instruction to teach the new curriculum. Each officer teaches a seventeen-week lesson to fifth or sixth grade students during the school year. All reports indicate that the program is very effective. Two hundred forty-eight officers received this training. During the 1995-96 year, we anticipate continued expansion with two classes scheduled.

The State also completed its second D.A.R.E. junior high curriculum training in which 15 new officers were trained to teach the 7th or 8th grade. There are 28 junior high trained D.A.R.E. Officers.

Morris Village
(Earle E. Morris, Jr., Alcohol & Drug Addiction
Treatment Center)

Fiscal year 1994-1995 was a productive and progressive year for Morris Village. The major thrust of activities focused on improving working relationships with other DMH facilities and local treatment providers throughout the state, evaluating the quality and effectiveness of treatment services, preparing for a reaccreditation survey by the Commission on Accreditation of Rehabilitation Facilities (CARF), and enhancing staff development.

One of our primary goals is to maintain an optimal working relationship with other DMH facilities, community mental health centers, probate judges, alcohol and drug commissions, and other community treatment and recovery resources. The establishment of a Coordinator of Community Services position will allow us to give focused attention to improving relationships between Morris Village and the community. A quarterly meeting with community-based Addiction Specialists and the Morris Village staff has been re-established; this will bring together inpatient and community service providers to deal with common issues. Additionally, the Morris Village Advisory Board, established in March, includes consumers, family members of consumers, and community professionals. This board provides a mechanism for input on Morris Village treatment services from consumers and community stakeholders.

Reorganization and redesign of the treatment program for adolescents is in process. One goal of the redesign is to integrate Morris Village adolescent services with the DMH adolescent and children's services, and increase accessibility to referrals from community mental health centers. Treatment services for older patients underwent some changes, as well. The chemical dependency unit for seniors at Crafts Farrow State Hospital relocated to Morris Village on March 1, 1995; this was the first step toward consolidating DMH alcohol and drug treatment at one facility.

The Outcome Based/Program Evaluation System that was initiated 12/1/94 is providing invaluable data that will assist in evaluating treatment services. Outcome data will be incorporated into organizational planning.

Preparation for the CARF accreditation survey involved staff at every level of the organization. Although official results have not been received, there seems little doubt that Morris Village will receive a three year accreditation.

Staff growth and development continues to be a high priority issue. All clinical staff are being encouraged and supported to pursue licensure/credentialing in their respective fields. Half of the registered nurses on staff are pursuing certification as addiction nurses. Certification recognizes the nurse's ability to apply knowledge from nursing and related disciplines to the care of persons with problems resulting from patterns of abuse, dependency and addiction. Two additional staff physicians met all requirements for certification by the American Society of Addiction Medicine; three of the five physicians on staff are now certified.

Goals for fiscal year 1995-1996 include engaging in a long range strategic planning process; continued focus on relationships with other DMH facilities and community referral sources; collaboration with DMH and Harris Psychiatric Hospital management regarding the possible transfer of that hospital's alcohol and drug treatment services to Morris Village; and collaborating with DAODAS and Hall Institute to explore the possibility of a "Step Down" or intensive outpatient unit for Morris Village.

Morris Village has a solid foundation of patient services upon which to build. Pursuit of state-of-the-art treatment approaches, active collaboration with other providers of alcohol and other drug treatment services, and long range strategic planning will enhance the leadership role of Morris Village in the state, and propel the Village toward its ultimate goal of decreasing the negative impact of alcohol and other drug dependency on the citizens of South Carolina.

The Joint Legislative Committee to Study the
Problems of
Alcohol and Drug Abuse
1995
South Carolina Department of Mental Health

1995 has been a year of improved communication and cooperation between the various state and local agencies providing alcohol and other drug treatment services to the citizens of South Carolina. In past years, differing philosophies and approaches to treatment have presented barriers to continuity of patient care between the Department of Mental Health and the Department of Alcohol and Other Drug Abuse Services. This year we have made progress in understanding our similarities and differences and in working toward solutions for the problems in the state wide system of care.

An example of interagency collaboration is the proposed detoxification center in Spartanburg. After years of discussion and negotiation, an agreement has been reached that will provide funding for a community-based detoxification program in Spartanburg County. The Probate Judge, Spartanburg Commission on Alcohol and Drug Abuse, and the Spartanburg Mental Health Center spearheaded the planning effort. Funding for the program comes from DAODAS, DMH and various local funding sources including Spartanburg Regional Hospital, County Council, the Sheriff's Office, and foundations. This local detoxification program will provide more cost-efficient services locally and will serve as an alternative to involuntary commitment to the state operated inpatient facilities. Space for the facility has been located, and the project is scheduled to open in mid-December of 1995.

The South Carolina Department of Mental Health is developing and implementing several projects designed to address clinical issues of dual diagnosis. The Department of Mental Health continues to offer a three day curriculum on Dual Diagnosis to DMH employees. The curriculum, which was jointly developed by DMH and DAODAS, is offered six times per year through the DMH Office of Training and Staff Development.

The South Carolina Public-Academic Mental Health Consortium, established in 1990, includes fourteen academic programs from seven colleges and universities which prepare mental health professionals for work in public mental health. The State Mental Health Department is represented at community, state hospital and central office levels. This year, the Consortium has been addressing the need to train professional staff to work with dually diagnosed clients. A Dual Diagnosis Work Group, made up of professional front line staff currently working with individuals with dual diagnosis, has been working for several months to analyze the knowledge, skills and attitudes needed for future treatment teams and individual employees to work effectively with patients with dual diagnosis. The Work Group will publish its recommendations in a report due to be distributed this fall.

In March of 1995 the Research Committee of the Public Academic Consortium presented a one day conference on dual diagnosis at South Carolina State University. The purpose of the conference was to present current research data in the area of dual diagnosis and to encourage collaborative research to further practice in treating both disorders. Dr. Kathleen Brady MD, PhD from the Medical University of South Carolina, Dr. Jennie Jerrell PhD and Dr. Mark Kilgus of Hall Institute addressed research issues. Ms. Beverly Hamilton, Director of the Department of Alcohol and Other Drug Abuse Services and Louise Haynes, Director of the Earle E. Morris Alcohol and Drug Addiction Treatment Center made a joint presentation regarding the challenges to our state system of alcohol and other drug treatment that are presented by persons with dual diagnosis.

Dr. Jennie Jerrell, Research Professor at Hall Institute, is working in collaboration with DAODAS, DMH and local providers to establish intensive outpatient dual diagnosis treatment programs in four communities in the state. These programs will provide specialized treatment services for individuals who have both a mental illness and substance abuse problem. These patients are prone to relapse and often have multiple admissions to inpatient programs. specialized local intensive outpatient treatment will provide better care to patients with a dual diagnosis and should decrease the need for expensive inpatient services. Funding for this project is being sought from a variety of federal, state and private sources.

Improving the statewide system of alcohol and other drug treatment is a priority for the Department of Mental Health. This goal can best be achieved through a cooperative effort with other treatment providers. Weaknesses in the system of care need to be identified and innovative, collaborative efforts need to be focused on improving our treatment system.

SOUTH CAROLINA VOCATIONAL
REHABILITATION DEPARTMENT

An integral part of the Department's rehabilitation response to the needs of persons with vocationally limiting substance abuse disabilities 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 averages 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, community treatment personnel and employers to provide them with training in substance abuse referral and 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 1995, Palmetto Center in Florence provided residential treatment services to 558 clients, whose average length of stay was 25 days, with total client services days of 11,761. Also, 889 treatment hours of group therapy were rendered through Family Therapy. During this same year, Holmesview Center in Greenville served 419 clients whose average stay was 30 days, totaling 9,673 total client days of service.

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 Addiction Treatment Center. This program provides vocational assessment, adjustment training, counseling and referral to local Vocational Rehabilitation counselors for job placement and followup services. During FY 1995, Vocational Rehabilitation services were provided to 314 Morris Village residents with 234 referred for follow-up services by Vocational Rehabilitation offices throughout the State and 100 were provided followup 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 commission 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 indicated in the following table.

CLIENTS

RECEIVING CLIENTS
FY DISABILITY REFERRALS SERVICES REHABILITATED

91 Drug

Abuse/Dependence 1,717 3,056 771

Alcohol

Abuse/Dependence 2,539 4,293 1,090

92 Drug

Abuse/Dependence 2,093 3,471 739

Alcohol

Abuse/Dependence 2,780 4,837 1,170

93 Drug

Abuse/Dependence 2,426 4,652 1,191

Alcohol

Abuse/Dependence 2,473 4,110 944

94 Drug

Abuse/Dependence 2,820 4,564 1,018

Alcohol

Abuse/Dependence 2,259 4,245 1,153

95 Drug

Abuse/Dependence 3,152 5,171 1,135

Alcohol

Abuse/Dependence 2,235 4,049 1,066

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

BACKGROUND:

Since FY'88, the number of admissions to the South Carolina Department of Corrections (SCDC) has increased 23 percent - from 8,502 inmates in FY'88 to 10,489 inmates in FY'95. Likewise, the SCDC custody population has increased from 11,068 in FY'88 to 19,397 in FY'95.

During this same time period, the number of inmates incarcerated with a dangerous drug conviction as their most serious offense more than doubled, from 11.1 percent of the inmate population in FY'88 to 23 percent in FY'95. Of the most serious offenses in South Carolina, the dangerous drug category has the highest frequency rate. Of the 19,347 SCDC inmates in the June 30, 1995, jurisdictional population, 5,695 (29.4%) had a dangerous drug conviction on this admission. Of these 5,695 inmates, 4,493 inmates had a dangerous drug conviction as their most serious offense. Also, 967 inmates had at least one DUI offense. Ten thousand, nine hundred (56%) inmates self-reported, that they were under the influence of alcohol or drugs at the time of the crime. Finally, 16,160 (83.5%) had at least one indicator of an alcohol or other drug abuse problem.

The FY'95 admissions for the year present a similar profile with a slight increase in percentages. Thirty-one percent of the admissions had at least one dangerous drug conviction on this admission and 2,641 (25%) had a dangerous drug conviction as their most serious offense. This indicates that the drug conviction trend is not abating and that more intervention resources are needed.

ASSESSMENT OF RESOURCES DEVOTED TO CRIME AND DRUG CONTROL PROGRAMS:

In an effort to counter the alcohol and other drug abuse problems and ensure the agencies goals of public safety and institutional security are met, the SCDC provides for a number of interventions; intensive residential treatment, drug education, counseling, self-help groups and drug interdiction/deterrence.

Comprehensive residential AOD services are being provided through Addiction Treatment Units at five institutions and 746 inmates received intensive treatment services during FY '95. The ATU program lengths are ninety day minimum or more and include:

- 48 bed facility for male inmates at Watkins Pre-Release Center in Columbia. The Unit was established in August, 1989, and was initially funded by the Governor's Division of Public Safety. It is currently funded through state appropriations.

- 60 bed facility for male inmates at Livesay Work Center in Spartanburg. The unit was established in October 1994, and is being funded by the Department of Public Safety - Office of Safety and Grants.

- 30 bed facility for female inmates at State Park Correctional Center in Columbia. The Unit was established in September 1994, and is being funded by the Department of Public Safety, Office of Safety and Grants.

- 250 bed facility for male inmates at Manning correctional Center in Columbia. The unit was established in October, 1994, and is funded by the U.S. Center for Substance Abuse Treatment. The construction phase was funded by the Department of Public Safety, Office of Safety and Grants.

- 48 bed facility for male youthful offenders who are under the jurisdiction of the Department of Probation, Parole, and Pardon Services. The unit is funded by the Bureau of Justice Assistance of the U.S. Department of Justice.

The development and implementation of the Addictions Treatment Unit (ATU) program is a on-going collaborative approach since 1986 between the Department of Corrections, Department of Alcohol and Other Drug Abuse Services, Department of Probation, Parole and Pardon Services and the Governor's Office, Department of Public Safety, Office of Safety and Grants.

These agency linkages have led to effective communication for coordinating AOD services to inmates. The services provided include extensive assessment, treatment planning, counseling, drug education, self-help groups, life skills and transitional services. Inmates who successfully complete the ATU programs at Watkins Pre-Release, Livesay Work Center and State Park Correctional Center receive continuing care services at one of 37 county alcohol and drug abuse commissions.

The number of institutional-based alcohol and drug abuse counseling services provided by staff to inmates during FY'95 were:

- Alcohol and Drug Education 16,465

- Alcohol and Drug Group Therapy 3,805

- Alcohol and Drug Individual Therapy 102

Self-help groups, Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) are active in the Department and have provided extensive support to the structured treatment programs. Also, their significant involvement in aftercare with inmates who have successfully completed the ATU programs is substantial, especially during the first 90 days after the inmates' release to the community. The number of self-help services provided to inmates for FY'95 were:

- Alcoholics Anonymous 9,064

- Narcotics Anonymous 2,694

The Department's interdiction and deterrence are increasing. Urinalysis testing was conducted on 6,239 inmates at work centers and 453 inmates were tested prior to being approved for work release. From July 1, to September 1, 1995, the K-9 Drug Interdiction Unit was responsible for 35 arrests involving drug interdiction, weapons violations and alcohol consumption on state property. Also, the Unit participated in 30 arrests with other law enforcement agencies for crimes involving narcotic trafficking and other crimes during drug raids.
The initial funding for the specially trained drug dog and handler was provided by the Department of Public Safety, Office of Safety and Grants. The Department now funds the unit, however, a second drug dog and handler was recently funded by Department of Public Safety for FY'95.

ASSESSMENT OF RESOURCE NEEDS:

The Department of Corrections is fully supportive of the 1995 state strategy. The commitment by the Drug Control and System Improvement Program to our Addiction Treatment Units, drug testing (urinalysis) and drug dog interdiction has provided the impetus over the past seven years for comprehensive agency AOD planning and collaboratively working with other agencies for follow-up treatment and continuing care.

Department goals for the coming year are listed below:

- Enhancement the Reception and Evaluation Centers' screening for AOD inmate problems.

- Further implement evaluation plan to adequately assess treatment outcome, recidivism and relapse data to determine the inmates who are most likely to succeed and their characteristics.

- Identify inmates with a dual diagnosis (addiction and mental illness) and provide therapeutic intervention services.

- Provide intensive AOD treatment for youthful inmates, specifically "shock incarceration" participants.

- Identify and implement therapeutic intervention services for DUI Offenders.

- Establish additional intensive residential AOD treatment units at medium/maximum institutions.

EXECUTIVE SUMMARY

South Carolina FY 1995 Statewide Strategy

The development of South Carolina's FY 1995 Statewide Strategy is a reflection of lessons learned during the past eight years of administration of the Drug Control and System Improvement Formula Grant Program. While great strides have been made in all areas of the criminal justice system in fighting the "war on drugs and violent crime," the belief that this is strictly a criminal justice problem is no longer held. Rather, the problem of alcohol and other drug abuse and violent crime in our state and nation has become a community problem, and society now owns a part in this war. For this reason, the Statewide Strategy reflects the opinion that the role of the community is possibly the most essential element in addressing the problem of crime and violence. With this in mind, the criminal justice system should be anchored in the community and sensitive to the cultures and needs of those they serve. The direction in which the problem should be addressed must involve more community-based approaches as well as those in government, families and individuals working together.

The process of balancing this approach required a coordinated effort with all players holding a vital interest in this area. The process attempted to cast as wide a net as possible to include divergent points of view and all significant competing interests. This input was weighed and compared to the criminal justice data made available over the past year and to previous years in which a statewide strategy was developed.

Several broad assumptions emerged from this process regarding the successes and failures of the current strategy and programs funded to address the problem. As well, a clearer picture can now be drawn which identifies the strengths and deficiencies of the state's criminal justice, education, treatment and community systems and the direction that should be taken to effectuate a long-term solution. Although there were differing views in each component of the system as to what is the most effective strategy to pursue and how resources should be applied, the solicitation process again this year provided recommendations from each of the contributing agencies which are considered non-traditional in nature for their field. Law enforcement stressed the need for continued funding of narcotics personnel and equipment while also emphasizing the need to incorporate the community as a vital player in decision making about the approaches to drugs and violent crime. The courts pointed to the need for innovative approaches to help them respond to the impact of rising criminal caseloads, as well as to meet the treatment needs of offenders. Corrections cited the shortage of institutional drug-treatment beds and the advantages of treating serious offenders before they are returned to the community. The treatment community supported resources for alcohol and drug treatment both in the community and institutional settings, particularly specialized addictions treatment for juvenile offenders.

From these divergent viewpoints, the Office of Safety and Grant Programs developed what is believed to be a balanced, rational approach to the strategic allocation of existing and future resources towards addressing these critical problems. The approach is multidimensional. It does not rely soley on any single component of the system to "solve" the problem, but instead encourages initiatives in a variety of coordinated directions.

It remains clear that drug abuse and illegal drug distribution continue to be fundamental catalysts driving violent and non-violent crime in South Carolina. Combined with alcohol, it is estimated that 60-75 percent of all crime in the state is related to substance abuse. Drugs not only contribute to high crime rates but have profound effects on the economic vitality of the state, educational and health goals, and foster a climate of fear prevalent in many communities. What became surprisingly more evident this year, however, was the increasing number of violent crimes which are committed by repeat offenders--career criminal offenders. Of utmost concern to the state is the increasing threat of violence in our society and the need to address those fundamental problems which contribute to more dangerous living conditions. The media coverage given to such horrific incidents as drive-by shootings, murder of law enforcement officers, child sexual and physical abuse, domestic violence, rape, and people settling arguments with firearms reflects an impression to the public that such offenses are more frequent than they actually are. Nevertheless, that impression heightens fear and diminishes the quality of life for all.

Consistent with our 1994 Statewide Drug Strategy, the most powerful consensus which has emerged from the search for solutions to this complex problem is that there is no single answer. Obviously, the criminal justice system must and will respond to violence and incidents of violent crime, whatever its form, with arrests, prosecutions, and sanctions. However, the multifaceted dimensions of violence indicate that more is needed. In view of this reality, South Carolina's strategy is to facilitate a broad-based approach between law enforcement and the community, prevention/education and treatment.

Enforcement funding will continue to receive high priority funding; however as mentioned earlier, the enforcement will involve community-based approaches as well as traditional methods of finding solutions to problems. Strategic goals in the enforcement area are:

* Promote the implementation of Community Oriented-Policing

* Assist in the creation of narcotics and violent crime multi jurisdictional task forces and maintain and enhance existing and successful projects.

* Improve the criminal justice records information system

* Support programs which focus on improving operational effectiveness of the court process by expanding prosecutorial,defender, and judicial resources andimplementing court delay reduction programs.

* Enhance state narcotics-related training capabilities

The second leg of this trial is prevention/education, often cited this year by federal, state, and local law enforcement agencies in and out of South Carolina as the only true long-term solution. It is this policy component, education, that will likely make the most significant long-term difference, although these results may not be evident for another three to five years. Our strategic goal in the prevention/education area is:

* Support demand reduction education projects in which enforcement officers participate

Other strategic priorities are: target funding for projects which incorporate strong parent and community components and support the training of law enforcement officers who will work in demand reduction education programs.

Treatment for abusers is a third offensive in this three-part process. The criminal justice community must be prepared to address the psychological, behavioral, and other medical problems that lead to drug and alcohol abuse, deviant sexual behavior, violent juvenile behavior, and mental disorders. Expansion of treatment resources into every county as a whole deserves more attention. An offender who is incarcerated due to the unavailability of treatment programs may become a management problem in prison. Adequate drug-treatment programs for those incarcerated, as well as for those released from prison, must be available. Although the level of support on a state level in this area has been increasing every year, we hope to see additional drug-treatment beds created and increased support for follow-up treatment on the county level.

The strategic goal in the treatment area is:

* Continue to provide additional public correctional resources and improve the correctional system, including substance abuse treatment projects in prisons and intensive supervision projects and long-range corrections and sentencing strategies

Other strategic priorities in the treatment area are: encourage and assist, with resources and technical support, evaluation components of model treatment; encourage alternatives to incarceration for non-violent users who cooperate in treatment programs; encourage HIV/AIDS education for persons residing within the state correctional system; and improve drug testing and refer drug-dependent offenders for longer-term, crime-reduction projects.

An enhanced evaluation goal is needed to provide us with a capability to determine which approaches work and which do not work. For this reason, each grant-funded project is required to submit an evaluation plan and completed report to assess the impact of their project on the drug and violent crime problem in their jurisdiction. The results of completed goals and objectives to more effectively address the drug and violent crime problem in each jurisdiction as they effect the subsequent grant-funded projects. Results should help us refine the state strategy in the future. The strategic goal is:

* Enhance a violent crime and drug control evaluation capability to evaluate the effectiveness of programs and projects directed at drug abuse activities

The solution to the state's violence and drug problem must be long-term, even generational. The FY 1995 State Strategy reflects initiatives to convey that the struggle to turn the drug crisis and violent crime problem around involves long-term commitment and definitive strategies. The state's drug and violent crime policies should continue to be balanced between enforcement, prevention/education and treatment. Even so, all citizens of South Carolina must be mindful that progress is not achieved soley by the allocation of resources of government, but rather by changes in attitudes and behaviors brought about by individuals, families and communities working together throughout the state.

SOUTH CAROLINA LAW ENFORCEMENT DIVISION
NARCOTICS DEPARTMENT

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

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

There are 47 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. Automatically, 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".

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 to include the SLED personnel assigned to the State Grand Jury section of the South Carolina Attorney General's office.

During Fiscal Year 1994-95, the Narcotics Department received and processed 294 requests for investigations from federal, state, and local agencies. These requests for investigations generated 919 investigations by the section.

TOTAL VALUE OF DRUGS PURCHASED OR SEIZE $44,958,268,00
CASH SEIZED 1,684,336.36

OTHER ASSETS 294,095.00
TOTAL ARRESTS 882 (includes the Marijuana arrests)

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

16,388 marijuana plants were seized in the 1994-95 Fiscal Year which resulted in 98 arrests and 51 weapons seized.

STATE DRUG TOTALS

SALE/POSSESSION COMBINED JULY-DECEMBER, 1994 JANUARY-APRIL, 1995

Cocaine/Heroin/Opium 3,898 2,406
Marijuana 5,701 3,352
Other drugs 319 148
Drug Equipment/Paraphernalia 821 556

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

SOUTH CAROLINA DEPARTMENT OF
JUVENILE JUSTICE

ALCOHOL AND DRUG TREATMENT ACTIVITIES

The Department of Juvenile Justice is providing comprehensive alcohol and other drug education offered at the Department's long-term institutions, in groups conducted by Social Work staff.

Local DJJ offices refer juveniles identified with alcohol and other drug abuse problems to local alcohol and drug commissions for assessment and treatment. Across South Carolina, there are hundreds of juveniles under DJJ supervision who attend counseling sessions related to substance abuse problems. During FY 94/95, there were 1,786 juvenile cased referred to the solicitors in our State in which the most serious offense was drug or alcohol related. Eighty-four of these juveniles were committed to DJJ's secure institutions. Many others were placed in alternative placements.

A Memorandum of Agreement was signed last year by the Directors of the Department of Juvenile Justice and the Director of Alcohol and Other Drug Abuse Services to coordinate efforts for prevention, intervention and treatment/rehabilitation for shared clients. During the current year, a grant proposal was submitted to the Office of Grants Administration and a grant was awarded from Drug Control and System Improvement Program Grant funds, in the amount of $338,900 Federal dollars to be matched with $112, 963 state dollars. A contract was established between the Department of Juvenile Justice and the Department of Alcohol and other Drug Abuse services to the provide treatment component for a 36 bed Addiction Treatment Unit to be housed in an existing unit at Willow Lane Institution. Renovations and training are underway for the opening of this unit in January 1996. An application for continuation funding is in process. Application was made for a Youthnet grant from the Center for Substance Abuse Treatment to provide comprehensive wrap-around services and to meet treatment gaps for juveniles in Lexington/Richland counties; however this grant was denied. The Department continues to seek funding sources for improved treatment. Mr. Walter Waddell has been named Director of Program and Grant Resource Development and will be continuing to seek alternative resources.

As part of the Bridge Grant, the Department of Alcohol and Other Drug Abuse Services is providing comprehensive assessment and wrap-around follow-up services to juveniles from six counties including Bamberg, Calhoun, Lexington, Orangeburg, Richland, and Spartanburg. All juveniles from these counties who come to the long-term institutions are assessed by Bridge personnel. Approximately 61% of juveniles screened from those six counties were found to meet diagnostic criteria for abuse for dependence. It is hoped that the Bridge can receive additional funding for expansion into other counties to better serve shared youth and to provide more comprehensive follow-up for juveniles leaving the new grant-funded Addiction Treatment Unit.

Plans for 1996-97 include working toward the credentialing of DJJ staff to provide substance abuse counseling services for juveniles housed in the institutions, continuation funding application for the ATU grant with the initiation of the treatment phase in January 1996-97. Strengthening of the follow-up component to continuation funding. In addition, more extensive assessment will be conducted when Juveniles are referred to the solicitors' offices and ordered to receive local evaluations. The Department continues to seek alternative grant funding sources for programs addressing the substance abuse intervention needs of the DJJ population, both in the institutions and in the community.
(On motion of Senator J. VERNE SMITH, with unanimous consent, ordered printed in the Journal)

HOUSE BILLS RETURNED

The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

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

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

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

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.

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

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. M. R. Hardy of Washington, D.C., and formerly of Columbia, S.C.

ADJOURNMENT

At 12:15 P.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, May 7, 1996, at 12:00 Noon.

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