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Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.

H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3362:

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, FELDER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to 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

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, FELDER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to 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

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, FELDER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to 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

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, FELDER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following Bill was taken up.

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,

Rep. J. YOUNG moved to adjourn debate upon the Bill until Tuesday, May 16, which was rejected.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3938CM.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:

Section 23-31-205. This article may be cited as the `Law Abiding Citizens Self-Defense Act of 1995'.

Section 23-31-210. As used in this article:

(1) `Resident' means an individual who is a resident of South Carolina for at least one hundred eighty days preceding the date on which an application to carry a weapon is submitted under this section.

(2) `Picture identification' means:

(a) a valid South Carolina driver's license; or

(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.

(3) `Proof of residence' means a person's current address on the original or certified copy of:

(a) a valid South Carolina driver's license;

(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an

(c) a voter registration card; or

(d) another document that SLED may determine that fulfills this requirement.

(4) `Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:

(a) a person who, within three years before filing an application, has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety;

(b) an instructor certified by the National Rifle Association or another competent national organization that promotes the safe use of handguns;

(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;

(d) an active duty police handgun instructor;

(e) a person who has a competitive shooting classification; or

(f) a member of the active or reserve military, or a member of the National Guard.

(5) `Concealable weapon' means a weapon having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view at all times except when needed.

Section 23-31-215. (A) Notwithstanding another provision of law, a permit to carry a concealable weapon must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:

(1) a completed application signed by the person;

(2) three current one inch by one inch full face color photographs of the person;

(3) proof of residence;

(4) proof of training; and

(5) payment of a fifty dollar application fee.

(B) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within thirty days from the date the application was received, otherwise SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-215(A)(4), SLED shall offer the applicant a handgun training course that satisfies this requirement. The course shall

(C) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1 upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.

(D) SLED shall make permit applications available to the public. A permit application form shall require an applicant to supply:

(1) name, including maiden name if applicable;

(2) date and place of birth;

(3) sex;

(4) race;

(5) height;

(6) weight;

(7) eye and hair color;

(8) current residence address; and

(9) all residence addresses for the three years preceding the application date.

(E) The permit application form shall require the applicant to certify that:

(1) he is not a person prohibited under state law from possessing a weapon;

(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and

(3) all information contained in his application is true and correct to the best of his knowledge.

(F) Medical personnel, law enforcement agencies and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit.

(G) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.

(H) SLED shall maintain a list of all permit holders and the current status of each permit. The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of

(I) A permit is valid statewide unless revoked because the person has:

(1) become a person prohibited under state law from possessing a weapon;

(2) moved his permanent residence to another state;

(3) voluntarily surrendered the permit; or

(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated with no charge.

Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED.

(J) A permit holder must have the permit identification card in his possession whenever he is carrying a concealed weapon. A permit holder must inform a law enforcement officer and present the permit identification card when an officer identifies himself as a law enforcement officer and requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters.

(K) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards. A five dollar replacement fee is charged. Change of permanent address within South Carolina must be communicated in writing to SLED within ten days of the change with a fee of five dollars. SLED shall then issue a new permit with the new address. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time it must be destroyed by the permit holder.

(L) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon or firearm into a:

(1) police, sheriff, or highway patrol station;

(2) detention facility, prison, or jail;

(3) courthouse or courtroom;

(4) polling place on election days;

(5) the offices of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(6) meeting of the General Assembly or a committee of that body or any place on the State House grounds;

(7) school or college athletic event not related to firearms;

(9) secondary or elementary school facility, except for events relating to firearm activities which are authorized by the school administration;

(10) place licensed to dispense alcoholic beverages for consumption on a premises that derives more than fifty-one percent of its gross revenue from the sale of alcoholic beverages;

(11) place where the carrying of firearms is prohibited by federal law.

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court.

(M) Valid permits to carry concealed weapons held by residents of and issued by states which honor permits issued in accordance with this section must be honored by this State. SLED shall maintain a list of those states with which South Carolina has reciprocity, and shall make that list available to the public.

(N) A permit issued pursuant to this article is not required for persons:

(1) identified in Section 16-23-20;

(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as `pepper gas';

(3) carrying a concealable weapon in a manner not prohibited by law.

(O) A permit issued pursuant to this article is valid for two years. SLED shall renew a permit upon:

(1) payment of a fifty dollar renewal fee by the applicant;

(2) submission of three current one-inch by one-inch full color photographs of the applicant; and

(3) the favorable completion of a criminal background check of the applicant by the division.

(P) Within three working days of the issuance of a concealed weapons permit, the permit holder must submit his driver's license to the Department of Revenue and Taxation. The department immediately shall reissue the driver's license with a distinguishing symbol indicating the licensee is authorized to carry a concealed weapon. Any costs associated with the reissuance of the license must be borne by the permit holder."

SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:

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