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Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 20-7-3210 of the 1976 Code, as contained in SECTION 4, by striking item (m) which begins on line 19 of page 4414-6 and inserting:

/(m) providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs which include an intensive supervision aftercare component, marine science programs, and other residential and nonresidential programs;/

Amend the Report further, as and if amended, by striking Section 20-7-3215 of the 1976 Code, which begins on line 29 of page 4414-6, and inserting:

/"Section 20-7-3215. The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. JENNINGS, BAXLEY and KEYSERLING proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\15826AC.94), which was ruled out of order.

Amend the bill, as and if amended, by deleting Section 5 and inserting:

/SECTION 5. Chapter 31, Title 23 of the 1976 Code is amended by adding:

Section 23-31-710. This act may be cited as the `Children's Firearm Education and Protection Act of 1994'.

(1) `Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.

(2) `Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

(3) `Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.

(4) `Minor' means a person under fourteen years of age.

Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree, a misdemeanor. Upon conviction, the person must be imprisoned not more than three years or fined not more than three thousand dollars, or both.

(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree, a misdemeanor. Upon conviction, the person must be imprisoned not more than one year or fined not more than one thousand dollars, or both.

Section 23-31-740. This article does not apply when:

(1) the person keeps or stores the loaded firearm in a place which reasonably assures that it is not accessible by and out of the sight of a minor;

(2) the minor obtains the firearm as a result of an illegal entry to any premises by any person;

(4) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;

(5) the firearm is equipped with a trigger-locking device and the device is on;

(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;

(7) the person who keeps a loaded firearm on premises under his custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premises;

(8) the minor obtains the firearm for target or sport shooting events or hunting.

Section 23-31-750. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting must be prosecuted only in those instances in which the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist.

(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.

Section 23-31-760. (A) If the person who violates this article is the person related within the third degree of consanguinity to a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the violation of this article may occur until at least seven days after the date upon which the accidental shooting occurred.

(B) In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.

(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.

Section 23-31-780. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser. The warning, written in block letters not less than one-fourth inch in height must state:
`IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'

(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter a warning written in block letters not less than one inch in height that states:
`IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'

(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."

SECTION 6. The 1976 Code is amended by adding:

"Section 44-1-250. The Department of Health and Environmental Control is directed to develop a multifaceted program for the state's citizens to educate them on the provisions of the Children's Firearm Education and Protection Act of 1994. The program should include a variety of public education activities which stress keeping guns away from children by keeping guns and ammunition locked and stored separately and out of reach of children, purchasing only guns with safety features and keeping those safety features engaged at all times, or removing guns from homes where children live and play. The public education activities recommended should include mass media campaigns, safety information available at the point of purchase for new gun owners, and gun safety courses for new gun owners. The department shall report to the General Assembly on the development of this program within three months after the passage of this act and shall implement the program promptly thereafter."

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS raised the Point of Order that Amendment No. 4 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

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

The following Bill was taken up.

H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.

Reps. GAMBLE, SPEARMAN, QUINN, WAITES, CORNING, STURKIE, KOON, RISER, HARRISON, SHISSIAS, STUART, CROMER, WRIGHT and SCOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1051DW.94), which was adopted.

Amend the bill, as and if amended, on Page 1, SECTION 1, Line 40, after /terms./ /A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms./

Amend title to conform.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

Reps. GAMBLE, QUINN, SCOTT, CORNING, KOON, STURKIE, SPEARMAN, WAITES, SHISSIAS, STUART, CROMER, WRIGHT, RISER and HARRISON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1050DW.94), which was adopted.

Amend the bill, as and if amended, on Page 1, SECTION 1, Line 37, after /terms./ by inserting /A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms./

Amend title to conform.

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

The following Bill was taken up.

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Rep. HODGES explained the Bill.

Rep. WILKINS moved to adjourn debate upon the Bill until Wednesday, March 23, which was adopted.

The following Bill was taken up.

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15716AC.94), which was adopted.

Amend the bill, as and if amended, by inserting /sole/ before /purpose/ on page 1, line 22.

Amend further, Section 16-11-525, as contained in Section 1 of the bill, by adding at the end:

/Nothing in this section may be construed to create personal liability for a commissioner for loss, injury, or damage to the person or property of any other person or entity who suffer injury while on or adjacent to housing authority property as a tenant, an invitee, or a trespasser./

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. WRIGHT moved to waive Rule 6.1, which was agreed to by a division vote of 82 to 10.

Rep. SIMRILL continued speaking.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30195DW.94), which was adopted.

Amend the bill, as and if amended, page 1, Section 7-5-120(B) as contained in SECTION 1, line 36, by inserting after /incompetent/ /as adjudicated by a court of competent jurisdiction/; so when amended Section 7-5-120(B) shall read:

/(B) A person is disqualified from being registered or voting if he:

(a) (1) persons who are is mentally incompetent as adjudicated by a court of competent jurisdiction or confined in any public prison; and or

(2) is serving a term of imprisonment resulting from a conviction of a crime; or

(b) (3) persons is convicted of a felony or offenses against the election laws are disqualified from being registered or voting, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned./

Amend further by adding three appropriately numbered SECTIONS to read:

/SECTION . Section 7-15-120 of the 1976 Code, as last amended by Act 407 of 1986, is further amended to read:

"Section 7-15-120. Persons listed in items (1), (2), (3), or (4) of Section 7-15-110, their spouses, and dependents residing with them, and item (9) of such section may register by using either federal Standard Form 76, or any subsequent form replacing it issued by the federal government, or the state absentee registration form. In order to be registered, either form must reach the county board of registration not later than thirty days before the election. The State Election Commission shall have printed and shall furnish the board of registration of each county an adequate

(1) My full name is: ________________

(2) I am a citizen of the United States and of the State of South Carolina.

(3) The date of my birth was: ________

(4) I am not disqualified from voting because of a felony conviction or offense against the election laws.

(5) I am (check appropriate blank box)

[] (a) in the armed forces of the United States

[] (b) in the Merchant Marine of the United States.

[] (c) serving with the American Red Cross or with the United Service Organization.

[] (d) a member [] or, employee [] of the ________ department of the United States Government serving overseas.

[] (e) a student residing outside of the county of my residence and enrolled in an institution of learning.

[] (f) a spouse [], or dependent [] residing with any of the above.

[] (g) physically disabled due to illness or injury.

[] (h) a person whose employment is out of state.

[] (i) a spouse [], or dependent [] residing with a person whose employment is out of state.

[] (j) sixty-five years of age or older.

[] (k) currently confined in a pre-trial facility pending disposition of an arrest or trial.

(6) My home address in South Carolina is: ________

(7) My mailing address (address to which absentee ballot should be sent) is: ________

(8) My State House of Representative District Number (if known) is: ________

(9) My Social Security Number is: ________

Signature of Applicant On the back of each card shall be printed the following: INSTRUCTIONS. This registration form must be filled out and returned, in the envelope accompanying it, to your county board of registration. All entries except your signature should be printed or

SECTION . Section 7-15-320 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:

"Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board and persons confined to a jail or pre-trial facility pending disposition of arrest or trial may vote by absentee ballot whether or not absent from their county of residence:

(1) students, their spouses, and dependents residing with them;

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) persons in employment;

(5) physically disabled persons;

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