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| (4) Licensed hunters or fishermen while engaged in hunting or fishing and or going to and or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing, repairing, repossession, or dealing in firearms, or the agent or representative of such this person while possessing, using, or carrying a pistol in the usual or ordinary course of such the business.
(6) Guards engaged in protection of property of the United States or any agency thereof.
(7) Any authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.
(8) Any person in his home, or upon his real property, or fixed place of business.
(9) Any person in any a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10)
Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of one's his fixed place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, in circumstances and under conditions set forth in such the permit.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise such this privilege only after acquiring a permit from the State Law-Enforcement Law Enforcement Division as provided for in Article 3 4 of Chapter 31 of Title 23."
SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon so carried concealed, and must be fined in the sum of not less than two hundred dollars nor more than five hundred dollars and not less than two hundred dollars or imprisoned not less than thirty days nor more than ninety days nor less than thirty days.
SECTION 5. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of unlawfully carrying a pistol or firearm onto the premises of a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked."
SECTION 6. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings premises or property.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or
student of military science. A married student residing in apartments provided by the private or public
school whose presence with a weapon in or around a particular building is authorized by persons legally
responsible for the security of the buildings is also exempted from the provisions of this section.
SECTION 7. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."
SECTION 8. Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
SECTION 9. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."
SECTION 10. Section 40-17-120 of the 1976 Code is amended to read:
(B) No person may be issued a permit until he has presented to the division proof that he is proficient in the use of firearms and has received a minimum of four hours' classroom instruction.
(C) A person engaged in the private security business or registered in accordance with Section 40-17-80 and issued a permit in accordance with this section may carry a firearm in an open and fully-exposed manner only while on duty, in uniform, and going to and from work. However, the division in its discretion may issue an additional written permit to the person to carry the firearm about his person, concealed or not, even though he is not in uniform nor on duty if the division determines that the additional permit will enable the permittee to better perform his assigned duties. No additional permit may be issued to a permittee to be effective in a place where alcoholic beverages, beer, or wine are sold or consumed.
(D) Permits for carrying firearms must not be issued pursuant to this section to persons registered as private detectives. Nothing in this section prohibits a private detective from carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23.
(E) A person licensed or registered in accordance with this chapter may, in addition to the permit issued pursuant to subsections (A) through (C) of this section, apply for a permit pursuant to Article 4, Chapter 31, Title 23."
SECTION 11. Nothing herein affects the validity of permits issued prior to the effective date of this act pursuant to Article 3 of Chapter 31 of Title 23. These permits are valid until they expire and are governed by any laws or regulations in effect on the date of their issuance.
SECTION 12. No person who holds a permit issued pursuant to this article may carry a concealable
weapon into the residence or dwelling place of another person without the express permission of the owner
or person in legal control or possession, as appropriate. A person who violates this provision is guilty of
a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for
not more than one year, or both, at the discretion of the court and have his permit revoked for five
years.
SECTION 14. Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
SECTION 15. Section 23-31-120 of the 1976 Code is repealed.
SECTION 16. This act takes effect thirty days after approval by the Governor./
Amend title to conform.
/s/Harvey S. Peeler, Jr. .......... /s/J. Gary Simrill
/s/C. Tyrone Courtney .......... /s/James S. Klauber
James E. Bryan, Jr. .......... /s/W. Jeffrey Young
On Part of the Senate. .......... On Part of the House.
Rep. HOWARD spoke against the Conference Report.
Reps. SCOTT and CANTY spoke against the Conference Report.
The question then recurred to the adoption of the Conference Report.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Haskins Herdklotz Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis
Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harris, P. Hines, J. Hines, M. Howard Inabinett Kennedy Keyserling Lee Lloyd Marchbanks Martin McElveen Moody-Lawrence Neal Rogers Scott Sheheen Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
If I had been in the Chamber I would have voted yes, in favor of the adoption of the Conference Report on H. 3730.
Rep. JAMES N. LAW
The Senate amendments to the following Bill were taken up for consideration.
H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.
Rep. SHARPE explained the Senate amendments.
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.
As stated on the House floor during the consideration of the Senate amendments to H. 3201, it was the intent of the House Agriculture Committee and of the supporters of this legislation that the rights of the private property owners and businesses to allow or prohibit the use, promotion and display of tobacco products would be governed by state law and would not be regulated by local ordinances.
We allowed governmental entities to establish smoking policies in their buildings and have grandfathered existing local ordinances.
There are currently 270 municipalities and 46 counties in the State of South Carolina. To ensure that we have a uniform public policy we believe it essential that state law preempt local initiatives in the regulation of tobacco except as specifically provided for in H. 3201.
Rep. CHARLES R. SHARPE
The Senate amendments to the following Bill were taken up for consideration.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE
Rep. CROMER explained the Senate amendments.
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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND
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