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Section 23-31-400. (A) As used in this article:

(1) `Use a firearm' means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) `Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.

(D) This article does not apply to persons lawfully defending themselves or their property.

Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.

(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance.

(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information

(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a control substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.

Section 23-31-415. (A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of a law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance. The law enforcement officer may use reasonable force if necessary to require the person to submit to the administration of the blood test.

(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing must be admissible at the trial of the criminal offense which precipitated the demand for testing.

(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.

Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.

Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown

(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2) If there was at that time in excess of one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, the fact is prima facie evidence that the person was under the influence of alcohol.

(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol."

SECTION 3. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is amended further to read:

"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.

(B) The license must bear on it a distinguishing symbol determined by the department indicating that the licensee is authorized pursuant to Section 23-31-215 to carry a concealed weapon."

SECTION 4. Section 23-31-120 of the 1976 Code is repealed.

SECTION 5. This act takes effect thirty days after approval by the Governor./

Amend title to conform.

Rep. J. YOUNG explained the amendment.

The amendment was then adopted.

Reps. SCOTT, CROMER and SHISSIAS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3949CM.95).

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) college or university campus; or

(13) church or other established religious sanctuary./

Renumber items to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. GOVAN moved to adjourn debate upon the Bill.

Rep. McTEER moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2, Rep. SCOTT having the floor.

The Senate returned to the House with concurrence the following:

H. 4204 -- Rep. Marchbanks: A CONCURRENT RESOLUTION CONGRATULATING DR. ROBERT COOK EDWARDS AND MRS. LOUISE ODOM EDWARDS ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON MAY 30, 1995.

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father, the Giver of every good and perfect gift, we pray that the quality of things done here may match the high challenges of the tasks given us. We pray for all who shape the destiny of mankind, for all who administer the affairs of government, for all who legislate as Representatives of Your people, for all who shape policy by work and speech and vote, for all who write what other people read, and for all who hold high Your everlasting truths.

In confidence we pray to a God Whose concern for all of us is everlasting. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Reverend Robert E. Herrmann of Columbia, which was agreed to.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, 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.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE

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

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:

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.

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