Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, Who dwells in the lives of those who seek Your presence, give us Your impeccable wisdom to enable us to see more clearly, to think more wisely, and to choose more worthily. May we keep step, not with the applause of men, but with the drumbeat of Your mighty purposes as we march in the ranks of those who "do justly, love mercy, and walk humbly with their God." Forbid that the oil of understanding and forgiveness should ever be spilled on the ground to ignite selfish fires. With malice toward none and charity for all, may we say unreservedly: "where You lead, I will follow."
To You, Lord God, we give our praise and thanks. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KELLEY moved that when the House adjourns, it adjourn in memory of James Frances Keegan of Wisconsin, brother of Rep. KEEGAN, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1865
Promulgated By Health and Human Services Finance Commission
Categorically Needy Eligible Groups
Received By Speaker May 15, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date April 20, 1996
The following was received.
Document No. 1830
Promulgated By Department of Health and Environmental Control
State Primary Drinking Water Regulations
Received By Speaker March 15, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date February 19, 1996
Revised Expiration Date February 22, 1996
Withdrawal requested by the House May 12, 1995
Withdrawn and Resubmitted May 15, 1995
The following was received.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Conference on the part of the Senate on H. 3647:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Conference on the part of the Senate on H. 3362:
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Conference on the part of the Senate on H. 3363:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Conference on the part of the Senate on H. 3690:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 11, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 285:
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. KOON the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
The Senate returned to the House with amendments the following:
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4213 -- Rep. Lanford: A CONCURRENT RESOLUTION TO RECOGNIZE THE ANNUAL FAMILY-ORIENTED CELEBRATION OF BROTHERHOOD AND GOOD HUMOR, BUBBAFEST, AND TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN BUBBAFEST '95, SEPTEMBER 8 AND 9 AT MCKINNEY PARK IN WOODRUFF AND ENJOY THE SIGNATURE EVENT OF THE THIRD ANNUAL BUBBAFEST, THE BUBBA-Q COOK-OFF.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4214 -- Rep. Meacham: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO DR. ALLEN D. EDWARDS OF ROCK HILL UPON BEING NAMED THE "1995 OUTSTANDING OLDER SOUTH CAROLINIAN".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 836 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO COMMANDER R. DOUGLAS HUGHES, USN, A SPARTANBURG NATIVE, ON ASSUMING COMMAND OF USS BOONE (FFG-28).
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.
Without reference.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
Rep. KIRSH moved to waive Rule 5.12, which was agreed to by a division vote of 14 to 0.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.
On motion of Rep. SIMRILL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.
On motion of Rep. P. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was taken up for immediate consideration:
H. 4220 -- Rep. H. Brown: A HOUSE RESOLUTION TO SET WEDNESDAY, MAY 17, 1995, AT 11 O'CLOCK AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE STATE REORGANIZATION COMMISSION.
Be it resolved by the House of Representatives:
That the House of Representatives shall elect a member to fill a vacancy on the State Reorganization Commission on Wednesday, May 17, 1995, at 11 o'clock in the Hall of the House of Representatives.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. White Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, May 16.
Ronald P. Townsend James N. Law Thomas E. Huff Donny Wilder Jerry N. Govan, Jr. Joseph H. Neal Richard M. Quinn, Jr. Merita A. Allison Joseph T. McElveen, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. KEEGAN a leave of absence due to a death in the family.
The SPEAKER granted Rep. L. WHIPPER a leave of absence for the week due to family reasons.
Announcement was made that Dr. Kathryn Barden of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
Rep. H. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5992HTC.95), which was adopted.
Amend the bill, as and if amended, in Section 12-6-550, as contained in SECTION 1, page 6, by inserting before the colon on line 29 /and Section 12-6-540/.
Amend further, Section 12-6-4910(2), as contained in Section 1, page 49, beginning on line 39, by striking /or subject to the license fee requirements of Chapter 20 of this title/.
Amend further, Section 12-6-4910, page 50, by striking lines 14 through 19 and inserting:
/(8) Every exempt organization operating in this State subject to tax under Section 12-6-540./
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6003HTC.95), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1217. A taxpayer is allowed a state individual income tax credit equal to fifteen percent of the purchase price of a vehicle which can be propelled primarily by an alternative fuel, or twenty-five percent of the installation and equipment costs of converting a vehicle so that it can be propelled primarily by an alternative fuel.
As used in this section 'alternative fuel' means natural gas, liquefied petroleum gas, any fuel containing at least seventy percent ethanol, any fuel containing at least seventy percent methanol, and electricity."
B. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1216. (A) A corporation that constructs in this State a facility for refueling or recharging vehicles propelled by natural gas, liquefied petroleum gas, or electricity is allowed a credit against its corporate income tax liability an amount equal to twenty-five percent of the installation and equipment costs of construction. Any corporation that installs equipment for refueling or recharging vehicles propelled by natural gas, liquefied petroleum gas, or electricity, at its refueling or recharging facility located in this State, is allowed a credit against its corporate income tax liability an amount equal to twenty-five percent of the installation and equipment costs. The credits allowed under this section may not exceed twenty-five thousand dollars for each fueling location. No credits are allowed to the extent that costs of the construction or equipment were provided by federal, state, or local government grants. To be eligible for the credits allowed by this section, the corporation must own or control the facility at the time of construction. The credits allowed by this section must not exceed the amount of the income tax liability of the corporation in the tax year for which the tax credit is provided. An unused amount of the credit allowed under this section may be carried over for the next succeeding five years.
(B) A corporation that purchases vehicles that can be propelled primarily by alternative fuels is allowed a credit against its corporate income tax liability an amount equal to fifteen percent of the purchase price of each vehicle. A corporation that converts existing petroleum-fueled vehicles to operate primarily on alternative fuels is allowed a credit against its corporate income tax liability an amount equal to twenty-five percent of the installation and equipment costs. The credits allowed by this section may not exceed seven thousand five hundred dollars an eligible vehicle purchased or converted in the tax year for which the tax credit is provided. An unused amount of the credit allowed under this section may be carried over for the next succeeding two years.
As used in this section 'alternative fuel' means natural gas, liquefied petroleum gas, a fuel containing at least seventy percent ethanol, or a fuel containing at least seventy percent methanol, and electricity."
C. This section applies for taxable years beginning after 1995./
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. ROBINSON explained the Bill.
Rep. ROBINSON moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2027DW.95), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 40 through 41, and inserting:
/(2) a description of each element of the compensation;
(3) the source of each element of the compensation; and
(4) the number of out-of-state students and the total number of students in each academic program."/
Amend totals and title to conform.
Rep. McTEER explained the amendment.
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.
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Reps. MARTIN, HARRISON, LIMBAUGH, HODGES and WOFFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10291AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-70.(A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any a family or household member.
(D) If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person;
(3) the likelihood of future injury to each person; and
(4) whether one of the persons acted in self-defense.
(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by a party.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report.
(G) No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.
(H) A law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4024AC.95), which was adopted.
Amend the amendment, as and if amended, offered by Representative Martin, bearing document number
L:\Council\Legis\Amend\BBM\10291AC.95, Section 16-25-70, page 4, by deleting subsection (H), and inserting:
/(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4024AC.95), which was tabled.
Amend the amendment, as and if amended, offered by Representative Martin, bearing document number
L:\Council\Legis\Amend\BBM\10291AC.95, Section 16-25-70, page 4, by deleting subsection (H), and inserting:
/(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness./
Amend title to conform.
Rep. HARRISON moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.
Rep. SPEARMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
Rep. CROMER moved to adjourn debate upon the following Bill, which was adopted.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
The following Bill was taken up.
H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.
Rep. CANTY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21990SD.95), which was adopted.
Amend the bill, as and if amended, by striking Section 40-43-165 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 40-43-165. (A) The one-time transfer of original prescription information for the purpose of dispensing one refill only is permissible between pharmacies in this State subject to the following requirements:
(1) the transfer is communicated directly between two pharmacists only at the request of the patient or the patient's representatives;
(2) the transferring pharmacist reduces any remaining refills by one and so marks the face of the prescription retained by him;
(3) the transferring pharmacist records the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription;
(4) the transferring pharmacist records the date of the transfer and the name of the pharmacist transferring the information;
(5) the transferring pharmacist records on the prescription transferred that the receiving pharmacist is authorized to dispense one refill based on the original prescription, if such is the case;
(6) the prescription is not for a controlled substance.
(B) The pharmacist receiving the transferred prescription information shall record in writing the following:
(1) The word 'transfer' on the face of the transferred prescription.
(2) Any information required to be on a prescription, including:
(a) date of issuance of the original prescription;
(b) date and time of transfer;
(c) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;
(d) name of transferring pharmacist;
(e) manufacturer or brand of drug dispensed.
(C) The transferred prescription, as well as the original, must be maintained for the periods required by law.
(D) The pharmacist receiving the transferred prescription may dispense only one refill. The transferring pharmacist shall retain the original prescription and may continue to dispense refills up to the amount and for the period authorized less one refill allocated to the receiving pharmacist.
(E) The requirements of (A) and (B) of this section may be facilitated by use of a computer, data, or facsimile system.
(F) All records pertinent to this section shall be readily retrievable.
(G) The State Board of Pharmacy through the Department of Labor, Licensing, and Regulation shall promulgate regulations necessary to implement the provisions of this section."
SECTION 2. This act takes effect ninety days after approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.
Rep. BREELAND explained the Bill.
S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.
Rep. SEITHEL explained the Bill.
The following Bill was taken up.
S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5988AC.95), which was adopted.
Amend the bill, as and if amended, Section 44-36-10(C), page 2, line 15, by inserting after the /./ /Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics./
Amend further, Section 44-36-30(A), page 3, line 42, by inserting after the /./ /For purposes of maintaining this registry, the School of Public Health may access appropriate confidential data reported to the Office of Research and Statistics in accordance with Section 44-6-170./
Amend title to conform.
Rep. BREELAND explained the amendment.
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. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.
Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7486BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 47-1-160 of the 1976 Code is amended to read:
"Section 47-1-160. All fines collected upon complaint or information for violation of this chapter shall inure and be paid over must be distributed as follows:
(1) If the prosecution was brought by the township a municipal or county deputy, one-half shall must be paid to him and remaining one-half shall must be paid:
(a) to the local branch or chapter of the South Carolina Society for the Prevention of Cruelty to Animals nonprofit animal humane organization in the municipality or county materially involved in or aiding in the prosecution, as determined by the court, in aid of the benevolent objects for which it was incorporated,; or
(b) if there be is no local branch or chapter of such society organization involved in or aiding in the town or city in which the prosecution took place, to the county for general county purposes; or.
(2) If the prosecution was not brought by the township a municipal or county deputy, one-half shall must be paid to the county in which the prosecution was brought for general county purposes and the remaining one-half shall must be paid (a) to the local branch or chapter of the South Carolina Society for the Prevention of Cruelty to Animals, for the purpose aforesaid, if there be such a branch or chapter in the town or city in which the prosecution took place or (b) if there be no such local branch or chapter, such remaining half shall likewise be paid to the county for general county purposes as provided in subitems (a) and (b) of item (1)."
SECTION 2. This act takes effect upon approval by the Governor and applies to violations occurring before the effective date for which fines have not been distributed and applies to violations occurring after the effective date./
Amend title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. DAVENPORT moved to waive Rule 6.1, which was rejected.
Rep. A. YOUNG moved that the House recede until 2:15 P.M., which was adopted.
Further proceedings were interrupted by the House receding.
At 2:15 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The SPEAKER Pro Tempore granted Reps. DELLENEY, THOMAS, D. SMITH and CANTY a leave of the House due to a Judicial Screening Committee meeting.
The question of a quorum was raised. A quorum was later present.
Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.
Whereas, Amy Hettich of Laramie, Wyoming, is the current 1995 Miss Rodeo USA; and
Whereas, she is a student at the University of Wyoming, and after winning her first pageant title, the Cheyenne Saddle Club Princess, she claimed numerous other crowns before being named Miss Rodeo USA during the final round of the 25th International Finals Rodeo; and
Whereas, as the official ambassadress of the International Pro Rodeo Association, she travels across the country promoting the sport of the pro rodeo; and
Whereas, Amy Hettich will be in South Carolina in May, 1995, in conjunction with her appearance at a rodeo in the Greenwood area; and
Whereas, the members of the General Assembly, by this resolution, would like to welcome Ms. Hettich to South Carolina and extend to her every best wish during her stay in our State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby welcomes Amy Hettich of Laramie, Wyoming, the 1995 Miss Rodeo USA, to South Carolina in conjunction with her appearance at an upstate rodeo.
Be it further resolved that in accordance with Rule 10.1 of the Rules of the House of Representatives, Amy Hettich is granted special leave of the House to be admitted to the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives on Thursday, May 25, 1995.
Be it further resolved that a copy of this resolution be presented to Amy Hettich.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Bill was taken up.
S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.
Rep. ROBINSON proposed the following Amendment No. 3, which was adopted.
Amend the bill on page 3, line 38, by striking /1993/ and inserting /1994/.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 17, which was adopted.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.
Rep. G. BROWN explained the Bill.
The following Bill was taken up.
H. 3202 -- Rep. Scott: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED THE PROPERTY OF A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATION, OR LITERARY SOCIETY TO PROPERTY LEASED BY SUCH ORGANIZATIONS.
Rep. SCOTT explained the Bill.
Reps. MARCHBANKS, HERDKLOTZ, JASKWHICH, WITHERSPOON, KOON, SCOTT and LLOYD objected to the Bill.
Upon the withdrawal of an objection by Rep. VAUGHN, the following Bill was taken up.
H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.
Reps. KELLEY, KNOTTS and MOODY-LAWRENCE objected to the Bill.
On motion of Rep. KELLEY, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.
S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".
On motion of Rep. KELLEY, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.
S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3723 from the Committee on Education and Public Works.
Rep. STUART objected.
Rep. HUFF asked unanimous consent to recall H. 3900 from the Committee on Judiciary.
Rep. BAXLEY objected.
Rep. QUINN asked unanimous consent to recall H. 4007 from the Committee on Ways and Means.
Rep. SHEHEEN objected.
Rep. SCOTT asked unanimous consent to recall H. 3010 from the Committee on Judiciary.
Rep. KNOTTS objected.
Rep. CAIN asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. ROBINSON objected.
Rep. GOVAN moved that the House recur to the morning hour, which was not agreed to.
Rep. FLEMING moved to dispense with the motion period, which was agreed to by a division vote of 41 to 14.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. SCOTT having the floor.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Rep. EASTERDAY moved immediate cloture on the entire matter, which was agreed to.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, May 11, by Reps. SCOTT, CROMER and SHISSIAS.
Rep. CROMER spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Cain Cato Chamblee Cooper Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Haskins Herdklotz Kirsh Klauber Lanford Law Limehouse Littlejohn Mason McAbee Meacham Neilson Quinn Rice Riser Sandifer Seithel Simrill Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Whipper, S. Witherspoon Wofford Young, A.
Those who voted in the negative are:
Allison Anderson Baxley Boan Breeland Brown, T. Carnell Cave Cotty Cromer Gamble Govan Harris, J. Harris, P. Harrison Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kinon Knotts Koon Lloyd Marchbanks Martin McCraw McKay McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Robinson Scott Sheheen Shissias Stille Stoddard Tucker Wells White Wilder Wilkes Worley Wright Young, J.
So, the House refused to table the amendment.
Rep. QUINN moved to divide the question.
Rep. CROMER moved to table the motion.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, T. Cave Cromer Gamble Govan Haskins Hines Hodges Howard Hutson Inabinett Jaskwhich Kelley Keyserling Lloyd Martin McCraw McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Riser Scott Sheheen Shissias Spearman White Wilder Wilkes Worley Young, J.
Those who voted in the negative are:
Allison Baxley Brown, G. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Harris, J. Harris, P. Harrison Herdklotz Huff Jennings Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee Meacham Neilson Quinn Rice Robinson Sandifer Seithel Simrill Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, S. Witherspoon Wofford Wright Young, A.
So, the House refused to table the motion to divide the question.
The question then recurred to the motion to divide the question, which was agreed to.
The SPEAKER Pro Tempore granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. HODGES raised the Point of Order that since the question had been divided and there were two separate amendments now that the full period of debate should be allowed on each amendment.
Rep. FLEMING argued that this was not a new amendment even though the question had been divided and that the time had elapsed on the amendment.
Rep. HUFF stated that the original vote had been taken on Sections 12 and 13 together, but that this was now a new vote on each one individually and that debate should be allowed.
Rep. FLEMING stated that the Rules provided that this was Amendment No. 2 to the Bill and remained one amendment even though the question had been divided.
Rep. HUFF stated that the question now was to debate Section 12 and then Section 13 and debate should be allowed on each one.
Rep. SHEHEEN stated that it would be treated in the Journal as two separate amendments and would be numbered 2A and 2B.
Rep. SHISSIAS inquired about cloture being invoked and could the House divide the question and consider this as two separate amendments.
SPEAKER Pro Tempore HASKINS stated that the Point was too late as the House had already divided the question. He further stated that the House was now considering two separate amendments, Amendment No. 2A and 2B, and that the debate would be allowed and he sustained the Point of Order.
(12) college or university campus
Rep. CROMER spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Cain Carnell Cato Chamblee Cooper Dantzler Easterday Fair Felder Fleming Fulmer Hallman Harrell Haskins Huff Kinon Kirsh Klauber Lanford Law Limehouse Littlejohn Mason McAbee Meacham Neilson Quinn Rice Sandifer Seithel Simrill Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Waldrop Whatley Whipper, S. Wofford Young, A.
Those who voted in the negative are:
Allison Anderson Baxley Boan Breeland Brown, G. Brown, T. Cave Cotty Cromer Gamble Govan Harris, J. Harris, P. Harrison Hines Hodges Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Knotts Koon Lloyd Marchbanks Martin McCraw McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Riser Robinson Scott Sheheen Shissias Stuart Wells Wilder Wilkes Wilkins Witherspoon Worley Wright Young, J.
So, the House refused to table the amendment.
Rep. QUINN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Boan Breeland Brown, G. Brown, T. Cave Cotty Cromer Gamble Govan Harris, J. Harris, P. Harrison Hines Hodges Hutson Inabinett Kelley Kennedy Keyserling Kinon Koon Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Riser Robinson Scott Sheheen Shissias Stuart Wells White Wilder Wilkes Wilkins Worley Young, J.
Those who voted in the negative are:
Askins Baxley Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Easterday Fair Felder Fleming Fulmer Hallman Harrell Haskins Huff Jennings Kirsh Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw Meacham Neilson Quinn Rice Sandifer Seithel Simrill Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Waldrop Whatley Whipper, S. Williams Witherspoon Wofford Wright Young, A.
So, the amendment was rejected.
(13) church or other established religious sanctuary./
Rep. COOPER moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cato Cooper Easterday Fleming Gamble Hallman Limehouse Littlejohn McAbee Meacham Rice Seithel Simrill Stille Townsend Tripp Trotter Vaughn
Those who voted in the negative are:
Allison Anderson Askins Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Cain Carnell Cave Chamblee Cotty Cromer Dantzler Felder Fulmer Govan Harrell Harris, J. Harrison Haskins Hines Hodges Huff Hutson Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Lloyd Marchbanks Mason McCraw McKay McMahand McTeer Moody-Lawrence Neal Neilson Quinn Rhoad Richardson Riser Robinson Sandifer Scott Sheheen Smith, R. Spearman Stoddard Stuart Waldrop Wells Whatley Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
Rep. TOWNSEND spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Cain Cave Chamblee Cotty Cromer Felder Govan Harrell Harris, J. Harrison Hines Hodges Huff Hutson Jennings Kelley Kennedy Keyserling Kinon Lanford Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Quinn Richardson Robinson Sandifer Scott Sheheen Shissias Smith, R. Stoddard Stuart Tucker Wells Whatley White Wilder Wilkes Wilkins Williams Worley Young, A. Young, J.
Those who voted in the negative are:
Brown, H. Carnell Cato Cooper Dantzler Easterday Fair Fleming Fulmer Gamble Hallman Haskins Herdklotz Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw Meacham Neilson Rhoad Rice Riser Seithel Simrill Spearman Stille Townsend Tripp Trotter Vaughn Waldrop Witherspoon Wofford Wright
So, the amendment was adopted.
Reps. KELLEY, WITHERSPOON and WORLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3955CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-3-215(L)(10), SECTION 1, page 3730-5, by striking lines 26 and 27, and inserting:
/consumption on its premises;/
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 4, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:
( ) VENUE SUBJECT TO THE ADMISSIONS TAX IMPOSED PURSUANT TO ARTICLE 17, CHAPTER 21 OF TITLE 12.
Rep. SHEHEEN explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to by a division vote of 40 to 34.
Rep. SHEHEEN proposed the following Amendment No. 5, which was adopted.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:
( ) BUILDING OR FACILITY OR PROPERTY OWNED BY A MUNICIPAL, COUNTY, STATE, OR FEDERAL GOVERNMENT, EXCEPT FOR EVENTS RELATING TO FIREARM ACTIVITIES WHICH ARE AUTHORIZED BY THAT PARTICULAR BRANCH OF GOVERNMENT.
Rep. SHEHEEN explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Cato Chamblee Cooper Cotty Dantzler Easterday Felder Fleming Fulmer Hallman Harrell Harrison Harvin Haskins Herdklotz Jennings Klauber Knotts Koon Lanford Limehouse Littlejohn Mason McAbee Meacham Quinn Rice Riser Robinson Seithel Simrill Smith, R. Tripp Trotter Vaughn Waldrop Whatley Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Allison Anderson Askins Bailey Boan Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cave Cromer Gamble Govan Harris, J. Hines Hodges Hutson Inabinett Kelley Keyserling Kinon Kirsh Law Lloyd Marchbanks Martin McCraw McKay McMahand McTeer Moody-Lawrence Neilson Rhoad Richardson Sandifer Sheheen Shissias Spearman Stille Stoddard Stuart Townsend Tucker Wells White Wilder Wilkes Wilkins Williams Worley
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 54 to 30.
Rep. SHEHEEN proposed the following Amendment No. 6, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY STRIKING SECTION (10) AND SUBSTITUTING THE FOLLOWING:
(10) ANY PREMISES LICENSED BY THE DEPARTMENT OF REVENUE AND TAXATION FOR THE SALE OR CONSUMPTION OF ALCOHOL, BEER OR WINE.
Rep. SHEHEEN explained the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Cain Cato Chamblee Cooper Dantzler Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harvin Haskins Herdklotz Huff Jennings Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Sandifer Seithel Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Breeland Brown, H. Brown, J. Brown, T. Carnell Cave Cotty Cromer Govan Harris, J. Harris, P. Harrison Hines Hodges Hutson Inabinett Keyserling Lloyd Marchbanks Martin McElveen McMahand McTeer Moody-Lawrence Richardson Robinson Scott Sheheen Stoddard Tucker Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. SHEHEEN proposed the following Amendment No. 7, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-400 (B) BY STRIKING THE SAME AND SUBSTITUTING THEREFORE THE FOLLOWING:
(B) IT IS UNLAWFUL FOR ANY PERSON WHO HAS CONSUMED ALCOHOL, BEER, WINE OR A CONTROLLED SUBSTANCE TO USE A FIREARM IN THIS STATE.
Rep. SHEHEEN explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Felder Fleming Gamble Hallman Harrell Harris, J. Harvin Herdklotz Huff Hutson Jennings Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, J. Carnell Cave Cromer Govan Harris, P. Hodges Inabinett Keyserling Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Neilson Sheheen Shissias Tucker White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. SHEHEEN proposed the following Amendment No. 8, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-400 (C) BY ADDING A SENTENCE AT THE END OF THE SECTION TO READ AS FOLLOWS:
ANYONE WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL FORFEIT HIS RIGHT TO BE ISSUED A PERMIT UNDER CHAPTER 31, TITLE 23, SOUTH CAROLINA CODE OF LAWS, 1976, AS AMENDED.
Rep. SHEHEEN explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. J. YOUNG moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 15.
Rep. SHEHEEN proposed the following Amendment No. 9, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY ADDING AN APPROPRIATELY NUMBERED SECTION FOLLOWING THE LAST PARAGRAPH OF SECTION (L) TO READ:
( ) ANYONE WHO IS FOUND GUILTY OF VIOLATING THE PROVISIONS OF THIS SECTION SHALL THEREAFTER FORFEIT THE RIGHT TO BE ISSUED A PERMIT UNDER CHAPTER 31, TITLE 23, SOUTH CAROLINA CODE OF LAWS AS AMENDED.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Reps. TUCKER and HUTSON proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\DKA\3957CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(A)(5), SECTION 1, page 3730-3, by inserting after the period on line 11:
/This fee must be waived for disabled veterans./
Amend further, Section 23-31-215(O)(1), SECTION 1, page 3730-6, by inserting after /applicant/ on line 8:
/. This fee must be waived for disabled veterans/
Amend title to conform.
Rep. TUCKER explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\10202CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(A), SECTION 1, page 3730-3, line 10, by striking / and /, and by striking line 11 and inserting:
/(5) payment of a fifty dollar application fee; and
(6) complete set of fingerprints. Law enforcement shall assist the individual at no cost./
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\10207CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-420(2), SECTION 2, page 3730-8, line 28, by striking /presumption/ and inserting
/ inference /.
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BBM\10206CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-415(B),SECTION 2, page 3730-8, line 2, by striking /must be/ and inserting
/ is /.
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\10205CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-400, SECTION 2, by inserting after line 31:
/(3) 'Readily accessible for immediate discharge' means loaded on the person's body or in the person's hand./
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BBM\10204CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(P), page 3730-6, beginning on line 13.
Amend title to conform.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. J. YOUNG proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BBM\10209CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(O), SECTION 1, page 3730-6, by striking on line 10 /and/; and by striking on line 12 / . / and inserting:
/; and
(4) complete set of fingerprints. Law enforcement shall assist the individual at no cost./
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\BBM\10203CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(O), SECTION 1, page 3730-6, line 6, by striking /two/ and inserting / four /.
Amend title to conform.
Rep. J. YOUNG explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 19 to 44.
The amendment was then adopted.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 5 was adopted.
Rep. SHEHEEN moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Beatty Boan Breeland Brown, J. Govan Harris, P. Hines Hodges Inabinett Keyserling Lloyd Martin McMahand McTeer Moody-Lawrence Neilson Richardson Sheheen Shissias Spearman White Wilder Williams Worley
Those who voted in the negative are:
Allison Askins Baxley Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Huff Jennings Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harvin Haskins Herdklotz Huff Hutson Jennings Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, J. Cave Cromer Hodges Inabinett Keyserling Lloyd Marchbanks McMahand McTeer Moody-Lawrence Richardson Sheheen Tucker White Wilkes Williams
So, the amendment was tabled.
Rep. J. YOUNG proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\BBM\10201CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-210(5), SECTION 1, page 3730-2, by striking lines 42 and 43 and inserting:
/carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense./
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. BOAN a leave of absence for the remainder of the day.
Reps. HUTSON, WELLS, RHOAD, J. HARRIS, ALLISON, HARRELL, CROMER, STUART, THOMAS and R. SMITH proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\DKA\3959CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L)(11), SECTION 1, page 3730-5, by striking line 29 and inserting:
/law;
(12) church; or
(13) college campus./
Renumber items to conform.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. HALLMAN raised the Point of Order that Amendment No. 19 was out of order as it was the same as a previous amendment, Amendment No. 2, which had already been disposed of.
The SPEAKER stated that Amendment No. 2 was a broader amendment and that this one was more restrictive referring to a college and church and he overruled the Point of Order.
Rep. QUINN moved to divide the question, which was rejected.
Rep. HUTSON continued speaking.
Reps. SIMRILL and KLAUBER spoke against the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harvin Haskins Herdklotz Huff Jennings Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn McAbee McKay Meacham Neilson Quinn Rice Riser Sandifer Seithel Simrill Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Waldrop Whatley Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Cave Cotty Cromer Gamble Govan Harris, J. Hines Hodges Hutson Kelley Keyserling Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Rhoad Richardson Robinson Sheheen Shissias Stuart Wilder Wilkes Worley
So, the amendment was tabled.
Reps. WILKES and MARTIN proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3966CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215, SECTION 1, beginning on page 3730-3 and line 1, by adding an appropriately lettered subsection to read:
/( ) An establishment that is licensed to serve alcohol, beer, or wine shall make available to an unarmed patron upon entering the premises a gun, knife, club, or brass knuckles for his lawful use during his patronage of the establishment./
Reletter subsections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. WOFFORD moved to table the amendment.
Rep. WILKES demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Rep. MARTIN proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\DKA\4007CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, SECTION 1, page 3730-1, line 40, by striking /Concealed/.
Amend further, by deleting Section 23-31-210(5), SECTION 1, page 3730-2, beginning on line 40, and inserting:
/(5) 'Weapon' means a firearm, knife, or blackjack, or another device or object whose primary function is to inflict bodily injury or death having a length of less than twelve inches measured along its greatest dimension that must be carried in plain view at all times./
Amend further, Section 23-31-215(A) and (B), SECTION 1, page 3730-3, by striking on lines 2 and 15 /concealable/.
Amend further, Section 23-31-215(J), (L), and (M), by striking /concealed/ on page 3730-4, line 37, and on page 3730-5, lines 10 and 34.
Amend further, Section 23-31-215(N)(3), page 3730-6, line 4, by striking /concealable/.
Amend further, Section 23-31-215(P), page 3730-6, by striking beginning on line 13 /concealed weapons/ and inserting /weapon/, and by striking on line 17 /concealed/.
Amend further, SECTION 3, page 3730-9, line 12, by striking /concealed/.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 22, which was tabled.
Amend the bill, as and if amended, by adding Section 5 on page 9, line 14, which states:
without regard to all other provisions of this act, it is unlawful to carry a concealed weapon into any public gathering of more the 250 people. The penalty shall be a $500.00 fine and/or thirty days in jail.
Rep. RICHARDSON explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\3960CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(H), SECTION 1, page 3730-4, and inserting:
/(H) SLED shall maintain a list of all permit holders and the current status of each permit. SLED must provide the list of permit holders to a state or local law enforcement agency upon request at no charge. The list of permit holders must be treated by SLED and law enforcement agencies which receive a copy of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release./
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\DKA\3962CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by striking line 29 and inserting:
/law;
(12) place where he is employed; or
(13) the Department of Social Services, the Department of Mental Health, or the Employment Security Commission. /
Renumber items to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. J. YOUNG spoke against the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\DKA\3963CM.95), which was adopted.
Amend the bill, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by inserting before the period on line 33:
/and have his permit revoked for five years/
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3964CM.95), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-710. This article may be cited as the 'Children's Firearm Education and Protection Act of 1995'.
Section 23-31-720. As used in this article:
(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;
(3) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(4) the firearm is carried on the person or within a close proximity so that the individual can readily retrieve and use the firearm;
(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; or
(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 from an accidental shooting must be prosecuted only when 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 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 from of an accidental shooting, an arrest of the person for the violation of this article may not occur until at least seven days after the date upon which the accidental shooting occurred.
(B) A law enforcement officer shall consider the health status of a minor who suffers great bodily injury from 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.
Section 23-31-770. (A) The fact that the person who violates 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 must be considered a mitigating factor by a solicitor when he is deciding whether to prosecute the violation.
(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 as evidence.
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 AN ADULT TO STORE OR LEAVE A LOADED FIREARM IN A 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 A 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."/
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 27 was out of order as it was not germane in that the amendment dealt with firearms in the home and the Bill dealt with concealed weapons.
Rep. KEYSERLING argued contra the Point.
SPEAKER Pro Tempore HASKINS stated that Article 6 in the Bill dealt with the using of firearms while under the influence of a controlled substance and that the Bill did not just provide for concealed weapons and he overruled the Point of Order.
Rep. KEYSERLING continued speaking.
Rep. COOPER moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 13.
Rep. J. YOUNG proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\DKA\4038CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-210(1), SECTION 1, page 3730-2, by inserting after /section/ on line 5:
/, or military personnel on permanent change of station orders/
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. J. YOUNG proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\4036CM.95), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-420(A)(2), SECTION 2, page 3730-8, by striking line 25 and inserting:
/(2) If there was at that time in excess of five one-hundredths of one/
Amend title to conform.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Rep. JENNINGS proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\DKA\4029CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(H), SECTION 1, page 3730-4, by striking beginning on line 16 through line 22: /The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders. However, SLED must release the name of a permit holder upon receiving a request./
Amend title to conform.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\DKA\4032CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(A)(5), page 3730-3, line 11, and inserting:
/(5) payment of a two hundred dollar application fee. One-half of the fee must be placed in the state general fund. The remainder of the fee must be remitted to the sheriff's department in the county where the applicant resides./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\4033CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(A), SECTION 1, page 3730-3, by adding an appropriately numbered item to read:
/( ) a notarized statement from the sheriff's department serving the county in which the applicant resides stating that the applicant:
(a) successfully has completed a criminal background check; and
(b) should not pose a threat to the public's safety by carrying a concealable weapon./
Renumber items to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\DKA\4034CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215, SECTION 1, page 3730-3, by adding an appropriately lettered subsection to read:
/A permit holder must carry liability insurance of not less than one hundred thousand dollars to protect the permit holder against tort liability arising from the misuse of a concealed weapon./
Renumber subsections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. CLYBURN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\PT\2021AC.95), which was tabled.
Amend the bill, as and if amended, Section 23-31-215(L), page 3730-5, by deleting line 29 and inserting:
/law;
(12) church, synagogue, or other place of religious worship./
Renumber sections to conform.
Amend title to conform.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Reps. WILKES and CROMER proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\DKA\4025CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by striking line 29 and inserting:
/law;
(12) wrestling match;
(13) little league baseball game;
(14) Department of Revenue and Taxation driver's license waiting line;
(15) United States Post Office; or
(16) supermarket express lane./
Amend further, Section 23-31-215, SECTION 1, page 3730-3, by adding an appropriately lettered subsection to read:
/( ) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon:
(1) into an after Thanksgiving Day sale;
(2) into a person's former spouse's attorney's office;
(3) while experiencing premenstrual syndrome; or
(4) while wearing an article of clothing displaying the Confederate Flag or a facsimile of the flag./
Renumber items and reletter subsections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\DKA\3961CM.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(L)(6), SECTION 1, page 3730-5, beginning on line 18.
Renumber items to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. J. YOUNG moved to table the amendment, which was agreed to.
Rep. SHEHEEN spoke against the Bill.
Rep. HASKINS spoke in favor of the Bill.
Rep. McMAHAND spoke against the Bill.
Rep. SIMRILL spoke in favor of the Bill.
Reps. SHEHEEN, ALLISON, ANDERSON, ASKINS, BAILEY, BAXLEY, BOAN, BREELAND, G. BROWN, H. BROWN, BYRD, CAIN, CARNELL, CATO, COTTY, CROMER, DANTZLER, DELLENEY, EASTERDAY, FAIR, FULMER, GAMBLE, GOVAN, HARRELL, J. HARRIS, P. HARRIS, HARRISON, HASKINS, HERDKLOTZ, HINES, HUFF, HUTSON, INABINETT, JENNINGS, KELLEY, KENNEDY, KEYSERLING, KINON, KLAUBER, KOON, LANFORD, LIMBAUGH, LLOYD, MARTIN, MASON, McCRAW, McELVEEN, McMAHAND, McTEER, MEACHAM, NEAL, NEILSON, QUINN, RHOAD, RICE, RICHARDSON, RISER, ROBINSON, ROGERS, SANDIFER, SEITHEL, SHISSIAS, SIMRILL, D. SMITH, R. SMITH, SPEARMAN, STILLE, STODDARD, STUART, THOMAS, TRIPP, TROTTER, TUCKER, VAUGHN, WALDROP, WALKER, WELLS, WHATLEY, WILDER, WILKES, WILKINS, WITHERSPOON, WORLEY, WRIGHT, A. YOUNG and J. YOUNG proposed the following Amendment No. 36, which was adopted.
AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY STRIKING SECTION (10) AND SUBSTITUTING THE FOLLOWING:
(10) ANY PREMISES LICENSED BY THE DEPARTMENT OF REVENUE AND TAXATION FOR THE CONSUMPTION OF ALCOHOL, BEER OR WINE.
Rep. J. YOUNG explained the amendment.
The amendment was then adopted.
Reps. MARTIN, WILKES and McELVEEN spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7, the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hodges Huff Hutson Jennings Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Byrd Canty Cave Govan Harris, P. Hines Howard Inabinett Kennedy Keyserling Lloyd Marchbanks Martin McElveen McMahand McTeer Moody-Lawrence Scott Sheheen Thomas White Wilder Wilkes Williams Worley
So, the Bill, as amended, was read the second time and ordered to third reading.
Neal (Present) Nay
Brown, G. (Absent) Aye
I desire the journal to reflect I was absent today for several roll call votes on H. 3730 because I was attending a judicial screening hearing for Judge Rogers. I serve as vice chairman for the Joint Judicial Screening Committee and my presence at the hearing was necessary.
Rep. F.G. DELLENEY, JR.
Due to personal business I had to leave the House before the vote on second reading. If I had been in attendance I would have voted for H. 3730.
Rep. WILLIAM D. BOAN
I was in Judicial Screening when the vote was taken on H. 3730. Had I been present, I would have voted against the Bill.
Rep. GILDA COBB-HUNTER
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4206 -- Rep. Rice: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND DR. AND MRS. HAROLD B. SIGHTLER OF GREENVILLE COUNTY ON THE HAPPY OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, MAY 11, 1995, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR CHURCH AND COMMUNITY OVER THE YEARS.
H. 4207 -- Reps. Tucker, Rogers, Harrison and Hodges: A CONCURRENT RESOLUTION CONGRATULATING BRIAN A. COMER OF ANDERSON ON WINNING THE 1995 ALGERNON SYDNEY SULLIVAN AWARD AT THE UNIVERSITY OF SOUTH CAROLINA.
H. 4208 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF SALUDA COUNTY ON CELEBRATING ITS ONE HUNDREDTH ANNIVERSARY AND FOR ITS PAST ENDEAVORS AND BEST WISHES FOR A FUTURE FILLED WITH THE SAME STRONG SPIRIT THAT LED THE EARLY SETTLERS TO ENDURE HARDSHIP IN ORDER TO MAKE A HOME AND MAINTAIN THEIR FREEDOM IN THE BOUNTIFUL LAND NOW KNOWN AS SALUDA COUNTY.
H. 4210 -- Rep. Cave: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE HEROIC EFFORTS OF THE MEN AND WOMEN OF ALLENDALE COUNTY AND THE SURROUNDING COMMUNITIES FOR RESCUING AND PROVIDING MEDICAL TREATMENT, FOOD, AND SHELTER TO THE PASSENGERS AND CREW MEMBERS ABOARD THE AMTRAK SILVER STAR WHICH DERAILED IN ALLENDALE COUNTY ON MAY 2, 1995.
H. 4211 -- Reps. Carnell, McAbee, Klauber, Stille, Wilkins, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES C. SELF, JR., OF GREENWOOD COUNTY AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND HIS MANY FRIENDS.
H. 4212 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS EUGENE MILES OF ANDERSON COUNTY UPON HIS RECENT DEATH.
At 5:40 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of James Frances Keegan of Wisconsin, brother of Rep. KEEGAN, to meet at 10:00 A.M. tomorrow.
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