Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 3480, May 16 | Printed Page 3500, May 16 |

Printed Page 3490 . . . . . Tuesday, May 16, 1995

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:

Yeas 43; Nays 52

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.

Total--43

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


Printed Page 3491 . . . . . Tuesday, May 16, 1995

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

Total--52

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:

Yeas 63; Nays 36

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


Printed Page 3492 . . . . . Tuesday, May 16, 1995

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.

Total--63

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

Total--36

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:


Printed Page 3493 . . . . . Tuesday, May 16, 1995

(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:

Yeas 66; Nays 26

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.

Total--66

Those who voted in the negative are:

Anderson         Breeland         Brown, J.
Carnell          Cave             Cromer


Printed Page 3494 . . . . . Tuesday, May 16, 1995

Govan            Harris, P.       Hodges
Inabinett        Keyserling       Lloyd
Marchbanks       Martin           McMahand
McTeer           Moody-Lawrence   Neilson
Sheheen          Shissias         Tucker
White            Wilder           Wilkes
Williams         Worley

Total--26

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.


Printed Page 3495 . . . . . Tuesday, May 16, 1995

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.


Printed Page 3496 . . . . . Tuesday, May 16, 1995

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


Printed Page 3497 . . . . . Tuesday, May 16, 1995

(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.

AMENDMENT NO. 5--RECONSIDERED AND TABLED

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:

Yeas 26; Nays 70

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


Printed Page 3498 . . . . . Tuesday, May 16, 1995

Spearman         White            Wilder
Williams         Worley

Total--26

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.

Total--70

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.


Printed Page 3499 . . . . . Tuesday, May 16, 1995

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Yeas 75; Nays 19

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.

Total--75

Those who voted in the negative are:

Anderson         Breeland         Brown, J.
Cave             Cromer           Hodges
Inabinett        Keyserling       Lloyd
Marchbanks       McMahand         McTeer
Moody-Lawrence   Richardson       Sheheen


Printed Page 3500 . . . . . Tuesday, May 16, 1995

Tucker           White            Wilkes
Williams

Total--19

So, the amendment was tabled.


| Printed Page 3480, May 16 | Printed Page 3500, May 16 |

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