Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator MARTIN.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in an hour of some stress, St. Paul wrote to the Corinthians (II Cor., v. 4:8) (NIV):
"We are hard pressed on every side,
But not crushed;
Perplexed, but not driven to despair..."
Let us pray.
O Spirit of the Living God, we look to You as our HELPER and LEADER who has heard our prayers in good times and in difficult days.
We are grateful that You have preserved to us the freedom and the responsibility of self government, even though the system, at times, is difficult.
As a new week dawns, we pray for physical strength, as well as mental and spiritual poise, that the meandering ways of democracy may not lead us out into chaotic byways, but that we may, together, arrive at unity of purpose and unity of plan; that the resources of our State may be pledged at the point of greatest good for all our people.
So, lift up our hearts, for Jesus sake.
Amen.
TO: The Clerk of the Senate
The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 21, 1996
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. George Bailey
/s/Rep. James N. Law
/s/Rep. Teddy N. Trotter
/s/Rep. Lucille Whipper
The Screening Process
Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.
The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 15, 1996. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.
THE CHAIRMAN: Before us we have two candidates. For Seat
#2, we have Lonnie Randolph, Jr. and for Seat #4, we
have Barbara B. League, and they both are incumbents.
As a formality, I would like to take one at the time.
Do we have any other nominations for Seat #2 at this
time?
MR. BELL: Since this is a public hearing, we should leave
the door open. We have not had anyone that has said
they wanted to ask questions.
THE CHAIRMAN: How are you Ms. League?
MS. LEAGUE: I'm fine, thank you.
THE CHAIRMAN: Ms. League, I'm George Bailey and I've been
asked to chair the Committee for screening. I only
have one question.
Q: Attendance wise, what is your attendance record at the
meetings?
A: We have had forty-four meetings since I was elected in
'92. I have attended forty-four meetings and I have
attended all four of the orientation meetings for the
new commissioners because our staff goes to a lot of
trouble to put those on.
Q: Do you have any comments, plus or minus, concerning the
South Carolina Consumer Affairs Commission? Do you
feel comfortable with what they are doing?
A: Extremely comfortable. I'm very proud of their work.
THE CHAIRMAN: Does anyone have any questions?
MR. BELL: I have one thing.
THE CHAIRMAN: Okay, counsel.
MR. BELL: I need to swear you in.
BARBARA B. LEAGUE, having been duly sworn, testified as
follows:
MS. LEAGUE - EXAMINATION BY MR. BELL:
Q: Do you affirm that the answers you have provided on the
Personal Data Questionnaire and the Statement of
Economic Interest are true and correct?
A: Yes.
Q: Would you have anything else to add to them at this
time?
A: No. I will be glad to answer any other questions?
Q: Okay. Thank you, ma'am.
1. Barbara B. League
Home Address: Business Address:
823 Altamont Road 608 Furman Road
Paris Mountain P.O. Box 3626
Greenville, SC 29609-4582 Greenville, SC 29608-3626
2. She was born in Laurens, South Carolina, on September 19, 1940. Her age is presently 55 years old.
Social Security Number: *** ** ****
5. She married G. Frank League, III on December 29, 1962. She has three children. George F. League, IV, age 33, occupation: G.F. League Manufacturing Co., Inc. D. Fraser League, age 31, occupation: G.F. League Manufacturing Co., Inc. W. Claude League, age 29, occupation: Mancon International.
7. She attended Laurens High School from 1954-1958. She then attended Winthrop University from 1958-1960 (two-year Administrative Management). From 1967-1985 she took courses at Greenville Technical College/Furman which prepared her for Manufacturing management.
8. She has served as a Commissioner for the SC Consumer Affairs since 1992.
She also serves on the Private Industry Council appointed by the Greenville County Council.
9. Community Involvement - Board of Directors, Councils and Commissions currently serving on or former member:
. National Federation of Independent Business
SC Guardian Council 1987-1998
. SC Consumer Affairs Commission 1992-1996
Vice Chairman 1995-1996
. 4th Congressional District Business
and Industry Council 1993-1997
. Greenville County Private Industry Council 1994-1997
. Greater Greenville Chamber of Commerce Board 1988-1990
1993-1995
Executive Committee 1989-1990
Small Business Services Board, Chair 1989-1990
Economic Development Board 1988-1989
Leadership Greenville Board of Regents 1989-1990
Nominating Committee 1990
Business and Industry Board 1991-1992
Public Education Board 1991-1992
Chairman's Task Force 1991-1992
Intercity Visit Committee 1991-1995
TQM Task Force 1992-1993
Partners Committee 1992-1993
Governmental/Legislative Committee 1993-1996
Transportation Committee 1993-1996
Nominating Committee 1994
GSP Projects Committee 1996
. Northern Area Council 1991-1997
Education Board Chair 1991-1992
Northern Connector Committee 1991-1995
Library Task Force Chair 1992-1995
President 1993
President 1995
. Coalition of Women on Boards & Commissions 1990-1996
. St. Francis Hospital Development Council 1989-1994
Business & Professional Board 1989-1994
President's Breakfast Chair 1993-1994
. Metropolitan Arts Council 1990-1994
Personnel Chair 1991-1993
Executive Search Chair 1991
Executive Committee 1991-1994
Nominating Chair 1994
Executive Search Chair 1995
. Greenville Hospital System
North Greenville Advisory Board 1995-1996
. St. Joseph's High School Task Force 1994
. RoundTowners Charter-1996
1st Vice President 1986
President 1987
Advisory Council 1988-1995
Board of Directors previously served:
. St. Mary's School Board 1975-1983
. Centre Stage SC Theatre 1980/Charter-1988
. River Place Festival 1983-1991
Non Profit Chair 1987-1989
. YWCA 1984-1988
Finance Chair 1985-1987
Executive Search Chair 1986
Personnel Chair 1987-1988
Nominating Committee 1991-1993
Executive Search Committee 1996
. Greenville Technical College 1987-1991
Management Advisory Board Chair 1989-1991
. Sertoma Club of Greenville 1985-1992
Director of Retention 1986-1988
Vice President Membership 1986-1988
Vice President Public Relations 1990-1991
Vice President Inter Clubs 1991-1992
. Freedom Weekend Aloft Festival 1990-1992
Fundraising Chair 1992
. 1st Night Greenville Festival Charter-1992
Visual Arts Chair 1990-1992
. School District of Greenville County
Business-Education Partnership 1990-1992
. Greenville County Library
Executive Search Committee 1991-1992
Sargent Branch Chairman 1994-1996
Political Involvement:
. National Republican Congressional Committee
. National Federation of Republican Women
. National Federation of Independent Business
SC Guardian Council
. 4th Congressional District Business & Industry Council
. SC Consumer Affairs Commission
Vice Chairman
. SC Republican Party
Palmetto Elephant Club
. SC Federation of Republican Women
. First Monday State Republican Caucus
. Upstate Republican Women's Club
Charter Member
. Greenville County Republican Party
Bronze Elephant Club
. Greenville County Private Industry Council
. Greenville Coalition for Women on Boards & Commissions
. SC Local Option Sales Tax Task Force
. City of Greenville Accommodations Tax Committee
Profession Organizations/other present & past memberships:
. National Association of Manufacturers
. SC Chamber of Commerce
. Greenville Professional Women's Forum
SC Carolina Commission of the Arts
The Alliance for Quality Education
SC Theatre Association
Greenville Fine Arts Center
St. Mary's Catholic Church
Winthrop College Alumni
The Emerys Foundation
The Saint's Society
The Altamont Club
The Greenville Symphony
Centre Stage-SC
Upstate Visual Art Alliance
The Greenville County Museum of Art
Paris Mountain Watershed Association
Piedmont Council for Prevention of Child Abuse
Honors and Awards:
. Greenville Chamber of Commerce
Small Business Person of the Year Finalists 1986
Special Events Chair Appreciation Award 1987-1988
Department Board chair Appreciation Award 1990
Doug Smith Roast FWA Fundraiser Chair Award 1990
Board of Directors Appreciation Award 1991
Executive Board Appreciation Award 1991
Board of Directors Appreciation Award 1992
TR Area Council President's Award 1993
Board of Directors Appreciation Award 1995
Northern Area Council President's Award 1995
. Who's Who of Women Executives 1989-1990
. Greenville Sertoma Club
Outstanding Service Award 1987
GEM Award 1988
Sertoman of the Year Award 1989
Centurian Award 1989
Tribune Award 1990
Senator I Award 1991
Senator II Award 1992
Sertoman of the Year Award 1992
Upstate Pioneer District Sertoman of the Year 1992
. Roundtowners Outstanding Service Award 1988
Roundtowner of the Year Award 1990
. American Association of University Women
Community Leadership Award 1993
. The Order of the Jessamine 1994
. Travelers Rest Mayor's Community
Leadership Service Award 1994
. Greenville County Library Director's Community
Appreciation Award/Sargent Branch 1994
Greenville Business Magazine/Spartanburg WSPA-TV's 1995
Upstate Business Person of Year Finalists
10. Employment since high school or college as applicable: Liberty Life Corporation (Executive Assistant to Mr. George H. Hipp) 1960-1964; B. League & Associates (Owner/Manager full service secretarial business) 1965-1970; G.F. League Manufacturing Co., Inc. (President and C.E.O.) 1970-Present.
21. Five (5) letters of recommendations: Timothy C. Lincolnhol, Vice President of Wachovia Bank of SC in Greenville, SC, David G. Brown, President of Greenville Chamber of Commerce, Glenda E. MacDonald, President of Better Business Bureau of the upstate in Greenville SC, Gary R. Ault, Publisher of Greenville Business Magazine, and Lewis T. Smoak, Ogletree Law Firm in Greenville.
MR. BELL: That's all.
THE CHAIRMAN: Okay. Is there any other nomination for Seat
#4? Do I hear that the nominations be closed and Ms.
League is nominated by acclamation?
REP. WHIPPER: Yes.
REP. TROTTER: I second that motion.
THE CHAIRMAN: All in favor say I. (The vote was unanimous.)
THE CHAIRMAN: All opposed? (None.)
THE CHAIRMAN: So moved. Thank you Ms. League. We
appreciate it.
THE CHAIRMAN: Good morning Mr. Randolph.
MR. RANDOLPH: Good morning to all of you.
THE CHAIRMAN: Mr. Bell, would you like to go ahead and swear
him in?
LONNIE RANDOLPH, JR., having been duly sworn, testified as
follows:
MR. RANDOLPH - EXAMINATION BY MR. BELL:
Q: You have served since 1979, is that correct?
A: Correct.
Q: And you chair the Commission now?
A: Correct.
Q: Do you affirm that the answers you have provided on the
Personal Data Questionnaire and the Statement of
Economic Interest are true and correct?
A: Correct.
Q: Do you have anything to add at this time?
A: Nothing.
Q: That's all I have at this time.
1. Lonnie Randolph, Jr.
Home Address: Business Address:
1011 Oak Street 2213 Hampton Street
Columbia, SC 29205 Columbia, SC 29204
2. He was born in Columbia, South Carolina, on June 3, 1950. He is presently 45 years old.
Social Security Number: ***-**-****
5. He was married to Patricia Reuben Randolph on June 16, 1973.
7. He graduated from Dreher High School in 1968 and received a (B.S. Biology) from Benedict College in 1972. He also attended Southern College of Optometry, (Doctor of Optometry), 1977.
8. He has served as a commissioner on the SC Department of Consumer Affairs Commission since May 1979 and is presently serving as chairman.
9. Dr. Randolph has been active in the United Black Fund of the Midlands, and has served on the Board of advisors of the Sickle Cell Anemia Foundation. He served as President of the Midlands Optometric Society, Chairman of the South Carolina Optometric Association's Public Relations Committee, and is a recipient of the South Carolina Optometric Association's Outstanding Service Award. After serving on the Association's Executive Committee he rose to President of the Association, the first African American to so serve. He is a mentor at Keenan High School, Eau Claire High School and Benedict College. He also is an adviser for the Fighting Back Program. He serves as the Optometrist for the South Carolina Department of Juvenile Justice. He has a contractual agreement to serve as the Optometrist for the South Carolina Department of Corrections.
10. Employment since high school or college, as applicable: Wade Hampton Hotel (waiter); Martin Electric Co.; U.S. Postal Service; Sears (Automotive); Private Practice (Optometrist); SC Department of Corrections Optometrist; and SC Department of Juvenile Justice Optometrist.
21. Five (5) letters of recommendation: Joseph M. McCulloch, Jr. Esq., William C. B. Payne, Jr., Ms. Claire Haltiwanger, Rev. Arnold Williams, H. Kelley Jones, Esq., Mr. Timothy McAllister (Banker).
MR. RANDOLPH - EXAMINATION BY THE CHAIRMAN:
Q: I'm going to ask you the same thing I just asked Ms.
League. She just told me you all had forty-four
meetings this year. What was your attendance record?
A: I've missed one and a half meetings since 1979. The
meeting that I missed last year, I was at a NAACP
Convention in Minneapolis. The meeting that I attended
half of in 1981, I had the flu and I came in and voted
on a issue and then left. But my attendance, I think,
has been excellent over the seventeen years or whatever
... sixteen years that I have served. That's a matter
that I take very serious. My record reflects that as
far as my attendance and participation.
Q: Let me ask you another question. Do you have any input
as to whether the South Carolina Consumer Affairs, the
type of job they are doing, is good or bad? Do you
have anything you want to input?
A: The State would be in quandary without that agency.
I'm sure all state agencies do an excellent job, but
for what we put into it budgetary wise and what we get
out of it, the ratio balance is unbelievable. The
South Carolina consumers benefit from that Agency far
more ... the benefits far out weigh what we put into
it.
THE CHAIRMAN: Does anybody else have any questions?
MR. RANDOLPH - EXAMINATION BY REP. WHIPPER:
Q: You have answered that there is no additional
information that you feel you need to furnish since you
submitted the application?
A: Since I submitted, yes, ma'am.
THE CHAIRMAN: Mr. Trotter, do you have any questions?
REP. TROTTER: None.
THE CHAIRMAN: I'm going to do just a formality thing, Mr.
Randolph. For Seat #2 on the South Carolina Consumer
Affairs Commission, would anybody like to make any
other nominations?
MR. RANDOLPH: Are you asking me if I'm aware?
THE CHAIRMAN: No. I'm just asking if anyone wants to run
against you. I don't want someone to come back and say
you didn't give anybody else a chance.
REP. WHIPPER: I move that the nominations be closed.
REP. TROTTER: I second that.
THE CHAIRMAN: All in favor say I. (The vote was unanimous.)
THE CHAIRMAN: All opposed? (None.)
THE CHAIRMAN: Thank you Mr. Randolph. We appreciate it.
MR. RANDOLPH: Thank you very much.
(There being no further screenings, the public hearing was
concluded at 10:17 a.m.)
Summary
The following persons were unanimously found qualified:
Seat #4 with term to expire August 31, 2000
Barbara B. League of Greenville, South Carolina
Seat #2 with term to expire August 31, 2000
Lonnie Randolph, Jr. of Columbia, South Carolina
Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. George Bailey
/s/Rep. James N. Law
/s/Rep. Teddy N. Trotter
/s/Rep. Lucille Whipper
On motion of Senator COURTNEY, with unanimous consent, ordered printed in the Journal.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 18, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:
Victim:
Mr. Dennis H. Taylor, 1208 Evans Road, Aiken, S.C. 29803
Referred to the Committee on Corrections and Penology.
At 12:00 Noon, Senator GIESE requested a leave of absence from 6:00 - 7:30 P.M.
At 12:00 Noon, Senator RYBERG requested a leave of absence beginning at 6:00 P.M. until 8:00 A.M., Wednesday, May 22, 1996.
On motion of Senator HOLLAND, at 12:30 P.M., Senator REESE was granted a leave of absence until 6:30 P.M.
H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LAND, H. 4973 was ordered to receive a third reading on Wednesday, May 22, 1996.
The following were introduced:
S. 1424 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MRS. KAY BLACK, A TEACHER WITH LEXINGTON SCHOOL DISTRICT TWO, FOR HER DISTINGUISHED TWENTY-EIGHT YEAR CAREER IN EDUCATION UPON HER RETIREMENT.
The Senate Resolution was adopted.
S. 1425 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE DR. KAILASH MATHUR FOR HIS DISTINGUISHED ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE ORANGEBURG COMMUNITY, THE STATE, AND THE NATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1426 -- Senator Fair: A CONCURRENT RESOLUTION TO CONGRATULATE THE INTERNATIONAL OLYMPIC COMMITTEE AND THE UNITED STATES OLYMPIC COMMITTEE FOR THEIR EXTRAORDINARY WORK WITH REGARD TO THE OLYMPIC GAMES AND WITH REGARD TO THE HOLDING OF THE 1996 SUMMER GAMES IN ATLANTA, GEORGIA, AND TO REQUEST THESE COMMITTEES AND THEIR MEMBERS AND PARTICIPANTS TO REFRAIN FROM GETTING INVOLVED IN DOMESTIC AMERICAN POLITICS.
Whereas, the members of the General Assembly have appreciated over the years the fine work of the International Olympic Committee and the United States Olympic Committee in regard to the Olympic Games; and
Whereas, in 1996, the Summer Olympic Games will be held in Atlanta, Georgia, which surely will be a great occasion for all concerned; and
Whereas, the members of the General Assembly also believe, however, that neither the International Olympic Committee, the United States Olympic Committee, or any member or participant thereof should get involved in domestic American politics and, by this resolution, respectfully request them to refrain from this activity; and
Whereas, the members of the General Assembly, however, would like to publicly welcome to the United States the athletes from all over the world who will begin arriving to participate in the 1996 Summer Games. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby congratulate the International Olympic Committee and the United States Olympic Committee for its extraordinary work with regard to the Olympic Games and with regard to the holding of the 1996 Summer Games in Atlanta, Georgia, and request these committees and their members and participants to refrain from getting involved in domestic American politics.
Be it further resolved that a copy of this resolution be forwarded to the International Olympic Committee and the United States Olympic Committee.
Referred to the Committee on Invitations.
S. 1427 -- Senators Fair, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO CONGRATULATE UNIVERSITY OF SOUTH CAROLINA HEAD BASEBALL COACH JUNE RAINES ON HIS OUTSTANDING TWENTY-YEAR CAREER AS THE GAMECOCK'S HEAD COACH AND TO WISH HIM THE VERY BEST IN HIS NEW POSITION WITH THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC DEPARTMENT.
The Senate Resolution was adopted.
H. 5036 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO HONOR THE HONORABLE CEBRON DANIEL "C.D." CHAMBLEE OF ANDERSON FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE ANNOUNCEMENT OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5037 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN W. TUCKER, JR., OF ANDERSON COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS TWELVE YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5038 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF THE HONORABLE PATRICK BRADLEY HARRIS OF ANDERSON COUNTY NOT TO OFFER FOR REELECTION AFTER TWENTY-EIGHT YEARS OF CONTINUOUS SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5040 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HIS EXCELLENCY TENG HUI LEE, PRESIDENT OF TAIWAN, REPUBLIC OF CHINA, UPON HIS UPCOMING INAUGURATION ON MAY 20, 1996, WHICH MARKS THE FIRST INAUGURATION OF A FREELY ELECTED PRESIDENT OF TAIWAN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5042 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING JAMES WILLIAM MCNEILL III OF AIKEN COUNTY FOR BEING CHOSEN THE 1995-96 TEACHER OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5044 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION COMMENDING JANE DAVIS GRIFFIN, DIRECTOR OF THE LEXINGTON COUNTY PUBLIC LIBRARY SYSTEM, FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF LEXINGTON COUNTY AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5047 -- Reps. Robinson, Trotter and Rice: A CONCURRENT RESOLUTION TO THANK THE HONORABLE CLAUDE VANCE MARCHBANKS FOR HIS LEADERSHIP, DEDICATED SERVICE, AND HIS UNWAVERING COMMITMENT TO THE GENERAL ASSEMBLY AND TO EXTEND BEST WISHES IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5048 -- Reps. J. Brown and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE M. MCLAUGHLIN FOR BEING ELECTED AS THE FIRST AFRICAN-AMERICAN SOUTH CAROLINA DEPARTMENT COMMANDER OF THE AMERICAN LEGION AND TO EXTEND BEST WISHES FOR MUCH CONTINUED SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5049 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. WILLIAM LARK FOR BEING ELECTED THE FIRST AFRICAN-AMERICAN STATE COMMANDER OF THE VETERANS OF FOREIGN WARS FOR THE STATE OF SOUTH CAROLINA AND TO ACKNOWLEDGE HIS OTHER OUTSTANDING ACHIEVEMENTS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5050 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ELECTRIC CITY PRINTING COMPANY OF ANDERSON ON BEING AWARDED THE CONTRACTS TO PRINT COMPETITION NUMBERS FOR THE 1996 OLYMPICS AND FOR THE 1996 ATLANTA PARALYMPIC GAMES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SALEEBY from the Committee on Banking and Insurance polled out H. 4396 with no report:
H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.
Saleeby McConnell Setzler Matthews Courtney Patterson Passailaigue Reese Russell Jackson Rankin
Leatherman Courson Thomas Rose Hayes Elliott Martin
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Ordered for consideration tomorrow.
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
The House returned the Bill with amendments.
On motion of Senator PEELER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61, RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.
The House returned the Bill with amendments.
On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
The House returned the Bill with amendments.
Senator LAND explained the amendments.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Returned with concurrence.
Received as information.
S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4589.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-5-1210 of the 1976 Code is amended to read:
"Section 56-5-1210. (A) The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible, but. He then shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person who failing fails to stop or to comply with such the requirements under such circumstances shall of this section, is guilty of:
(1) a misdemeanor and, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment. must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(C) The department shall revoke the driver's license of the person so convicted pursuant to this section."
SECTION 2. Section 56-5-1220 of the 1976 Code is amended to read:
"Section 56-5-1220. The driver of any a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible but shall forthwith return to and in every event shall remain at the scene of such the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person failing who fails to stop or comply with such the requirements under such circumstances shall of this section is be guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.
Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, carrying over all amendments to third reading.
The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:
S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (PFM\9182AC.96), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 47-3-750 of the 1976 Code, as last amended by Act 374 of 1992, is further amended to read:
"Section 47-3-750. (A) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of Section 47-3-720 or 47-3-740 or 47-3-760(E), he the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending.
(B) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or housed in violation of Section 47-3-730, he the agent or officer may seize and impound the dangerous animal while the trial is pending."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 47-3-760(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a) or a person who violates Section 47-3-740:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years;
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years."/
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\4431.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-21-510 of the 1976 Code is amended by adding a new item to read:
" (11) 'Pupils with autism' means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested by a characteristic pattern of social, communication, and learning behaviors. Autism is a behaviorally defined syndrome; the essential features of which include disturbances of: developmental rates or sequences; response to sensory stimuli; speech, language, and communication; and capacities to relate to people, objects, and events."
SECTION 2. The Department of Education shall convene a task force of special education directors, district administrators, and parents of pupils with autism to review district reports on program costs to serve students with autism and to recommend an appropriate weight for the Education Finance Act. The findings of the task force shall be reported by the Department of Education to the Ways and Means Committee and Education and Public Works Committee of the House and the Finance Committee and Education Committee of the Senate no later than December 1, 1996.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator GIESE, H. 4431 was ordered to receive a third reading on Wednesday, May 22, 1996.
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (4782EES.MLP#1), which was adopted:
Amend the bill, as and if amended, by striking Section 3 in its entirety.
Amend sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
On motion of Senator HOLLAND, the Bill was carried over.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
On motion of Senator MARTIN, the Bill was carried over.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
On motion of Senator LEVENTIS, the Bill was carried over.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
On motion of Senator PEELER, the Bill was carried over.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
On motion of Senator PEELER, the Bill was carried over.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
On motion of Senator McCONNELL, the Bill was carried over.
At 12:30 P.M., Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Fair Ford Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Rose Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators GLOVER and RUSSELL recorded their presence subsequent to the Call of the Senate.
Senator DRUMMOND, Chairman of the Committee of Conference, on H. 4600, the General Appropriation Bill, was recognized to report to the Senate regarding the work of the Committee of Conference.
Senator DRUMMOND asked unanimous consent to take up H. 4425 for immediate consideration.
There was no objection.
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator DRUMMOND, with unanimous consent, the amendment (JIC\5291HTC.96) proposed by the Committee on Finance was laid on the table.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1994-95 surplus revenues, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1. State House Renovation $13,000,000
2. Department of Commerce
Advisory Coordinating Council
for Economic Development 30,000,000
3. Budget and Control Board
Local Government Fund 6,588,619
4. Department of Juvenile Justice
Renovations 14,000,000
5. Parks, Recreation and Tourism
Palmetto Trails 300,000
6. House of Representatives -
Subsistence 500,000
7. Senate - Operating Expenses 611,762
8. Judicial Department
Rotation Travel 850,000
9. Department of Agriculture
Vehicles and Roof Repairs 452,000
10. Prosecution Coordination Commission
Judicial Circuit - State Support 614,053
11. State Board for Technical and
Comprehensive Education
Special Schools 4,000,000
12. Department of Public Education -
Fringe Equity 8,500,000
The $8,500,000 allocated to the State Department of Education for Public Education - Fringe Equity must not be expended in Fiscal Year 1995-96, but must be carried forward to Fiscal Year 1996-97 and distributed to school districts in accordance with Section 59-21-170 of the Code of Laws of South Carolina, 1976.
13. Department of Corrections
Vehicles/Maintenance of
Equipment 2,000,000
14. Forestry Commission
Pine Beetle Eradication 200,000
H. Cooper Black Field Trial
Area 100,000
15. Clemson PSA Contractual Services 300,000
16. USC Law School
Research Materials and Equipment 330,000
17. Budget and Control Board
Infrastructure Revolving
Loan Fund 6,866,101
18. Department of Health and
Environmental Control
Midlands Area Rape Crisis Network Rent 11,538
19. State Department of Education
Instructional Materials 1,200,000
20. Division of Veterans Affairs -
Office of the Governor
Women in Military Service Memorial 35,000
21. Department of Health and
Environmental Control
Office of Ocean Resource Management 125,000
Of the money appropriated for the Department of Health and Environmental Control, Office of Ocean Resource Management, $90,000 shall be used for the Sullivan's Island Beach Stabilization Project and $35,000 shall be used for the Hamlin Creek Extension Restoration Project.
Total 90,584,073
SECTION 2. With respect to appropriations in Section 1 of this joint resolution:
(1) Appropriations in Section 1 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.
(2) Unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Senator DRUMMOND proposed the following Amendment No. 1 (4425R001.JWD), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. From fiscal year 1994-95 surplus revenues, the following sum is appropriated for the following purpose:
Budget and Control Board
Project Supervisory Committee
State House Renovation $10,000,000
SECTION 2. With respect to appropriations in Section 1 of this joint resolution any unexpended funds may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 3. This joint resolution takes effect upon approval by the Governor./
Amend title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator DRUMMOND, with unanimous consent, H. 4425 was ordered to receive a third reading on Wednesday, May 22, 1996.
Senator DRUMMOND moved for a Sense of the Senate that the provisions regarding full day kindergarten in the version of H. 4600 as passed by the Senate be the position of the Senate conferees.
By assent of 30 members, the motion was adopted.
Senator DRUMMOND spoke on the property tax provision in the version of H. 4425 as passed by the Senate.
Senator PASSAILAIGUE spoke on the matter.
Senator HOLLAND spoke on the matter.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LAND argued contra to the Bill.
With Senator LAND retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 5:30 P.M.
On motion of Senator DRUMMOND, debate was interrupted by recess with Senator LAND retaining the floor.
At 1:52 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 5:30 P.M.
The Senate reassembled at 5:35 P.M. and was called to order by the PRESIDENT.
H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
On motion of Senator ALEXANDER, with unanimous consent, the Resolution was ordered placed on the Calendar.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Columbia, S.C., May 21, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
Very respectfully,
Speaker of the House
Received as information.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators GREG SMITH and RANKIN proposed the following amendment (4834R001.GS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-1140 of the 1976 Code, as last amended by an act of 1996 bearing ratification number 382, is further amended by deleting the unnumbered item added by Section 2 of that act, which reads:
"( ) Bingo prizes and winnings as allowed under the game of bingo provided in Article 24, Chapter 21 of this title."
B. Article 24, Chapter 21, Title 12 of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended by adding:
"Section 12-21-3955. If a nonprofit organization intending to operate a Class AA or B license does not contract with an outside promoter, the organization shall designate a member as the promoter."
C. Section 12-21-4000(5) of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended to read:
"(5) Reserved Before the start of play, the caller shall announce to all players the prize to be awarded for that game."
D. Section 12-21-4030(A) of the 1976 Code, as added by an act of 1996 bearing ratification number 382, is amended to read:
"(A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player other of more than at least the face value of each card sold to play bingo."
E. Subsection A of this section takes effect upon approval by the Governor. The remaining subsections take effect October 1, 1997. /
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
On motion of Senator GREGORY, S. 1416 was ordered to receive a third reading on Wednesday, May 22, 1996.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator BRYAN asked unanimous consent to remove the minority report to the Bill.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (PFM\9426DW.96):
Amend the report of the Committee on Education, as and if amended, SECTION 1, Section 59-19-25(A)(1), page 3584-1, line 27, by striking /1996/ and inserting /1998 or in 1999, as the district may choose/.
Renumber sections to conform.
Amend totals and title to conform.
Senator BRYAN explained the amendment.
Senator WILSON objected to further consideration of the Bill.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Having voted on the prevailing side, Senator GREGORY asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave second reading to the Bill and ordered it read the third time Wednesday, May 22, 1996.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GREGORY proposed the following amendment (S-EDUC\4818.1), which was adopted:
Amend the bill, as and if amended, on page 5, line 1 by adding a new SECTION to read:
/SECTION __. Amend Title 59, Chapter 65 of the 1976 Code by adding a new section to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."/.
Renumber SECTIONS to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered to a third reading on Wednesday, May 22, 1996.
Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEVENTIS moved that a call of the Senate be made.
Senator LAND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Land Matthews Patterson Washington
Alexander Courtney Fair Giese Hayes Holland Lander Leatherman Leventis Martin McConnell Mescher Moore Passailaigue Peeler Richter Rose Russell Setzler Short Smith, G. Waldrep Wilson
The Senate refused to adjourn.
A quorum being present, the Senate resumed.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LAND argued contra to the Bill.
At 7:04 P.M., Senator LEVENTIS moved under Rule 15A to set a time certain of 10:00 P.M., on Tuesday, May 21, 1996, to vote on the entire matter of H. 3730.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Leatherman Leventis Martin McConnell Mescher Setzler Thomas Wilson
Alexander Boan Bryan Cork Courson Courtney Drummond Ford Glover Hayes Holland Hutto Jackson Land Lander Matthews McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
Having failed to received the necessary vote, the motion failed.
Senator LAND continued speaking on the Bill.
At 7:25 P.M., Senator COURTNEY assumed the Chair.
Senators BRYAN, HOLLAND, WILSON, FORD, GLOVER and ALEXANDER proposed the following Amendment No. 2 (JUD3730.044), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. 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.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic."/
Amend the bill committee report further, as and if amended, page [3730-6], line 20, in Section 23-31-215(M)(8), as contained in SECTION 1, by striking item (8) in its entirety.
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."/
Renumber items to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senators MOORE, WILSON, LAND, RYBERG, J. VERNE SMITH and ROSE proposed the following Amendment No. 9C (JUD3730.060), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. 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)./
Renumber remaining sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 18 (JUD3730.070), which was adopted:
Amend the amendment, as and if amended, by striking the amendment in its entirety and inserting therein the following:
/Amend the committee report, as and if amended, page [3730-3], line 40, in Section 23-31-215(B), as contained in SECTION 1, by inserting after /applicant./ the following:
/This background check must include notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determation whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant./
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 20 (JUD3730.040), which was adopted:
Amend the committee report, as and if amended, page [3730-6], beginning on line 16, in Section 23-31-215(M), as contained in SECTION 1, by striking item (6) in its entirety.
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons to, upon the capitol grounds, within the capitol building, or at a meeting of the General Assembly, the Senate, House of Representatives, or committee or subcommittee of one of these bodies: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 21 (JUD3730.062), which was adopted:
Amend the committee report, as and if amended, page [3730-6], beginning on line 29, in Section 23-31-215(M), as contained in SECTION 1, by striking /, excluding any parking areas provided on the premises or for the event/.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 26B (JUD3730.061), which was adopted:
Amend the committee report, as and if amended, page [3730-3], beginning on line 39, in Section 23-31-215(B), as contained in SECTION 1, by striking lines 39 through 41 and inserting therein the following:
/this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the fingerprint reviews are favorable, SLED must issue the permit./
Amend the committee report further, as and if amended, page [3730-5], line 31, in Section 23-31-215(K), as contained in SECTION 1, by striking /concealed/ and inserting therein /concealable/.
Amend the committee report further, as and if amended, page [3730-5], line 42, in Section 23-31-215(L), as contained in SECTION 1, by striking /is/ and inserting therein /must be/.
Amend the committee report further, as and if amended, page [3730-6], line 8, in Section 23-31-216(M), as contained in SECTION 1, by striking /concealed weapon or firearm/ and inserting therein /concealable weapon/.
Amend the committee report further, as and if amended, page [3730-6], beginning on line 20, in Section 23-31-215(M), as contained on SECTION 1, by striking items (8) and (9) in their entirety and renumbering remaining items to conform.
Amend the committee report further, as and if amended, page [3730-6], line 37, in Section 23-31-215(M), as contained in SECTION 1, by striking /and 16-23-465/ and inserting therein /16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145/.
Amend the committee report further, as and if amended, page [3730-6], line 38, in Section 23-31-215(N), as contained in SECTION 1, by striking /concealed/ and inserting therein /concealable/.
Amend the committee report further, as and if amended, page [3730-7], line 21, in Section 23-31-215(Q), as contained in SECTION 1, by striking line 21 and inserting therein the following:
/this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the/.
Amend the committee report, as and if amended, page [3730-9], beginning on line 40, in Section 23-31-415(A)(3), as contained in SECTION 2, by striking /the fact is prima facie evidence/ and inserting therein the following:
/this creates an inference/
Amend the committee report further, as and if amended, page [3730-11], line 33, in Section 16-23-465, as contained in SECTION 5, by striking /unlawfully/ and inserting therein /unlawfully/
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 40-17-120 of the 1976 Code is amended to read:
"Section 40-17-120. (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.
(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."/
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 27A (3730R006.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-2, line 7, by striking the words /one hundred eighty days /and inserting in lieu thereof the words /twelve months/
Amend further, page 3730-4, lines 37 and 38 by striking the words /one hundred and eighty days/ and insert the words /twelve months/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 29 (3730R008.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-3, subitem (b) of item (4) of Section 23-31-210, by striking subitem (b) and inserting a new subitem (b) to read as follows:
/(b) an instructor certified by the National Rifle Association or another SLED approved competent national organization that promotes the safe use of handguns;/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 30 (3730R009.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-3, subitem (e) of item (4) of Section 23-31-210, by striking subitem (e) and inserting a new subitem (e) to read as follows:
/(e) a person who has a SLED certified or approved competitive handgun shooting classification; or/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators ALEXANDER, LEVENTIS and MARTIN proposed the following Amendment No. 32A (3730R029.TCA), which was adopted:
Amend the Committee Report, as and if amended, page 3730-3, line 31, by adding after line 31 a new subitem (4) to read:
/(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;/
Renumber items to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 35 (3730R014.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-5, item (L) of Section 23-31-215, by striking item (L) and inserting:
/(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine and revocation of the permit for a period of one year. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time the original permit must be returned to SLED./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 36 (3730R015.JCL), which was withdrawn:
Amend the Committee Report, as and if amended, page 3730-3, Section 23-31-215 item (A), by adding after line 32 a new subitem (5) to read:
/( ) proof of general liability insurance policy issued to the applicant in the amount of $500,000.00 issued by an insurer licensed or approved by the South Carolina Department of Insurance;/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator PEELER moved to lay the amendment on the table.
The Senate refused to lay the amendment on the table.
Senator McCONNELL argued contra to the adoption of the amendment.
The amendment was withdrawn.
Senator HUTTO proposed the following Amendment No. 38 (JUD3730.072), which was adopted:
Amend the committee report, as and if amended, page [3730-10], line 40, in Section 16-23-20, as contained in SECTION 3, by inserting after /compartment/ the following:
/, closed console,/
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 39 (JUD3730.073), which was adopted:
Amend the committee report, as and if amended, page [3730-9], beginning on line 2, in Section 23-31-415(A), as contained in SECTION 2, by striking /The law enforcement officer may use reasonable force if necessary to require the person to submit to the administration of the blood test./
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 40A (JUD3730.075), which was adopted:
Amend the committee report, as and if amended, page [3730-7], beginning on line 30, in Section 23-31-400(A)(1), as contained in SECTION 2, by striking /or to have a firearm readily accessible for immediate discharge/
Amend the committee report further, as and if amended, page [3730-7], beginning on line 36, in Section 23-31-400(A)(3), as contained in SECTION 2, by striking item (3) in its entirety.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 41 (JUD3730.076), which was adopted:
Amend the committee report, as and if amended, page [3730-8], line 24, in Section 23-31-410(B), as contained in SECTION 2, by inserting the following after the word /substance./:
/The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance./
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 42 (JUD3730.078), which was adopted:
Amend the committee report, as and if amended, page [3730-4], line 1, in Section 23-31-215(C), as contained in SECTION 1, by striking /thirty/ and inserting therein /ninety/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 43 (JUD3730.077), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. 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./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 44A (3730R021.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-3, by adding after line 32 an appropriately numbered new subitem to read:
/( ) If required by SLED, the projectile from each of two bullets fired from the concealable weapon to be carried under the permit, fired and retrieved in a manner approved and supervised by SLED;/
Renumber items to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 46 (3730R016.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-6, line 9, by adding after the word /station/ the words /or any other law enforcement office or facility/
Amend further, page 3730-6, line 10, by adding after the word /jail/ the words /or any other correctional facility or office/
Amend further, page 3730-6, by adding after line 27 a new subitem to be appropriately numbered to read as follows:
/( ) any athletic event of any kind, whether or not an admission fee is required;/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 47 (3730R019.JCL), which was adopted:
Amend the Committee Report, as and if amended, page 3730-6, item (N), by striking item (N) and inserting a new item (N) to read:
/(N) Valid out of state permits to carry concealed weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this act and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 48 (JUD3730.079), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. 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./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 49 (JUD3730.080), which was adopted:
Amend the committee report, as and if amended, page [3730-6], after line 30, in Section 23-31-215(M), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) lawyer's or attorney's office./
Renumber items to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator WILSON desired to be recorded as voting against the adoption of the amendment.
Senator RANKIN proposed the following Amendment No. 50 (3730R022.LAR), which was adopted:
Amend the committee report, as and if amended, page 3730-6, line 30, by striking / . / and inserting in lieu thereof the following:
/ ; /
Amend the committee report further, as and if amended, page 3730-6, after line 30, by adding an appropriately numbered new item to read:
/(___) the coastal area open to public access lying between the primary dune line and the mean low watermark./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator RANKIN moved that the amendment be adopted.
The amendment was adopted.
Senator WALDREP proposed the following Amendment No. 51 (JUD3730.081), which was adopted:
Amend the Committee Report, as and if amended, by adding an appropriately numbered new SECTION to read:
/Notwithstanding any other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealed weapon upon any premises may be satisfied by a sign expressing the prohibition in written language, interdict or universal sign language./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
Senator WALDREP moved that the amendment be adopted.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 52 (JUD3730.082), which was adopted:
Amend the committee report, as and if amended, by adding appropriately numbered subsections to Section 23-31-215 to read:
/( ) If a person:
(1) carries a concealable weapon onto the premises of a property owner or individual in legal possession where (a) a sign prohibiting these weapons is posted in a conspicuous location or (b) the person was otherwise reasonably warned not to bring the weapon onto the premises; and
(2) subsequently causes injury or death to himself or another person;
the owner of the property or the individual in legal possession is not liable for the injury or death caused by the person's use or misuse of the concealable weapon.
( ) No provision contained within this act shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately prior to the effective date of this act, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute neglect or establish a lack of duty of care./
Renumber subsection to conform.
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 54 (3730R025.JCL), which was tabled:
Amend the Committee Report, as and if amended, page 3730-3, item (5) of section 23-31-210, by striking item (5) and inserting a new item (5) to read:
/(5) 'Concealable weapon' means any firearm which is registered in the ownership of the applicant and which is registered on the permit application as a firearm to be carried under the permit, having a length of less than twelve inches measured along its greatest dimension and which must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense in response to the imminent threat of loss of life./
Amend the Committee Report further, as and if amended, page 3730-4, line 29, by adding after line 29 a new subitem to be appropriately numberd to read:
/( ) the make, model, and manufacturer's serial number of the firearm to be carried under the permit./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator LEVENTIS moved to lay the amendment on the table.
At 9:57 P.M., Senator MARTIN assumed the Chair.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Peeler Reese Richter Rose Russell Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Holland Hutto Jackson Land Matthews Passailaigue Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was tabled.
Senator ROSE proposed the following Amendment No. 55 (3730R016.MTR), which was adopted:
Amend the committee report, as and if amended, page 3730-6, line 30, by striking / . / and inserting in lieu thereof the following:
/ ; /.
Amend the bill further, as and if amended, page 3730-6, after line 30, by adding an appropriately numbered new item to read:
/(___) a publicly-owned airport terminal building. /.
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
Senators GREG SMITH, McCONNELL and RANKIN proposed the following Amendment No. 57 (3730R028.GS), which was not adopted:
Amend the committee report, as and if amended, page [3730-6], after line 30, in Section 23-31-215(M), as contained in SECTION 1, by adding an appropriately numbered new item to read:
/( ) insurance or real estate agent's office./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
The amendment was not adopted.
Senator RANKIN proposed the following Amendment No. 58 (JUD3730.086), which was tabled:
Amend the Committee Report, as and if amended, page [3730-6], Section 23-31-215, as contained in SECTION 1, by inserting on line 30, after the word /event./ , a new unnumbered item to read:
/( ) business or place where an accommodations tax must be paid./
Amend title to conform.
Senator RANKIN explained the amendment.
Senator RANKIN moved that the amendment be adopted.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Glover Hutto Jackson Land Matthews Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
At 10:37 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 10:52 P.M., the Senate resumed.
Senators HUTTO and BRYAN proposed the following Amendment No. 59 (JUD3730.085), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. No person who holds a permit issued pursuant to this article may carry a concealable weapon into a motor vehicle or public or private conveyance 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./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore Passailaigue Patterson Rankin Richter Rose Short Smith, G. Smith, J.V. Waldrep Washington
Fair Gregory Martin Mescher O'Dell Peeler Reese Russell Setzler Thomas Wilson
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 60 (JUD3730.087), which was adopted:
Amend the amendment previously adopted as No. 48 (JUD3730.079) by adding at the end of the SECTION the following:
/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./
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senators HUTTO and PEELER proposed the following Amendment No. 61 (JUD3730.089), which was adopted:
Amend the Committee Report, as and if amended, page [3730-3], line 22, Section 23-31-210(5), as contained in SECTION 1, by adding after the word /self-defense/ the words/, defense of others and the protection of real or personal property/.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 62 (JUD3730.090), which was adopted:
Amend the Committee Report, as and if amended, page [3730-6], after line 30, by adding an appropriately numbered new item to read:
/( ) a public bus or train terminal/.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 63 (3730R033.JCL), which was adopted:
Amend the committee report, as and if amended, page 3730-3, by striking lines 33 through 34, and inserting in lieu thereof the following:
/(5) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and/
Amend the committee report further, as and if amended, page 3730-7, by striking lines 13 and 14 and inserting in lieu thereof the following:
/(1) payment of a fifty dollar renewal fee. This fee must be waived for disabled veterans and retired law enforcement officers;/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 64 (JUD3730.091), which was adopted:
Amend the Committee Report, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Notwithstanding any provision of law, any person may carry a concealed 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./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
At 11:09 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 11:20 P.M., the Senate resumed.
Senator DRUMMOND moved that when the Senate adjourns, that it stand adjourned to reconvene at 10:00 A.M. on Wednesday, May 22, 1996, and, further, that no additional amendments to H. 3730 would be received by the desk after 12:00 Noon on Wednesday, May 22, 1996.
On motion of Senator MOORE, with unanimous consent, the Judiciary Committee amendment (3730.PA), as perfected, was adopted as follows, with all members reserving their rights, with no prejudice to amendments currently on the desk:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/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 1996'.
Section 23-31-210. As used in this article:
(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section, or military personnel on permanent change of station orders.
(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 agency of the United States Department of Defense, or United States Department of State;
(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. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) an instructor certified by the National Rifle Association or another SLED-approved 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 SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), 'proof of training' is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(5) 'Concealable weapon' means a firearm 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 in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, 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 actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) if required by SLED, the projectile from each of two bullets fired from a concealable weapon to be carried under the permit, fired and retrieved in a manner approved and supervised by SLED;
(6) proof of training;
(7) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(8) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. This background check must include notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the background check is favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety 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 the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs.
(D) 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.
(E) SLED must make permit application forms 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.
(F) 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;
(3) he has either been a resident of this State for at least twelve months preceding the date of his application or he is military personnel on permanent change of station orders; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), 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; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) 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.
(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must release the list of permit holders or verify an individual's permit status. SLED may charge a fee not to exceed its costs in releasing the information under this subsection.
(J) 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 at 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. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. A permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) 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. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine and revocation of the permit for a period of one year. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(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) school or college athletic event not related to firearms;
(7) day care facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary;
(10) any athletic event of any kind, whether or not an admission fee is required;
(11) business or place where an admissions fee is required for entering the premises or event;
(12) lawyer's or attorney's office;
(13) the coastal area open to public access lying between the primary dune line and the mean low water mark;
(14) a publicly-owned airport terminal building;
(15) a public bus or train terminal.
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 and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out of state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this act and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for persons:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(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.
(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three current one-inch by one-inch full color photographs of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the background check is favorable, SLED must renew the permit.
(R) If a person:
(1) carries a concealable weapon onto the premises of a property owner or individual in legal possession where (a) a sign prohibiting these weapons is posted in a conspicuous location or (b) the person was otherwise reasonably warned not to bring the weapon onto the premises; and
(2) subsequently causes injury or death to himself or another person; the owner of the property or the individual in legal possession is not liable for the injury or death caused by the person's use or misuse of the concealable weapon.
(S) No provision contained within this act shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately prior to the effective date of this act, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute neglect or establish a lack of duty of care.
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) 'Use a firearm' means to discharge a firearm.
(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. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or 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 to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled 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 the 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.
(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 is 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 by chemical analysis of the person's blood or breath, shall create the following presumptions:
(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 five 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 inference 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, this creates an inference 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 16-23-20 of the 1976 Code is amended to read:
"Section 16-23-20. It shall be is unlawful for anyone to carry about the person, whether concealed or not, any pistol, whether concealed or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources.
(2) Members of the Armed Forces of the United States or of the National Guard, organized reserves, or the State Militia when on duty.
(3) Members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while such these members are at or going to or from their places of target practice or their shows and exhibits.
(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. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles or shotguns unless they are used with the intent to commit a crime or in furtherance of a crime."
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 concealed weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked."
SECTION 6. Section 23-31-120 of the 1976 Code is repealed.
SECTION 7. 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.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic."
SECTION 8. 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 9. 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 10. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons to, upon the capitol grounds, within the capitol building, or at a meeting of the General Assembly, the Senate, House of Representatives, or committee or subcommittee of one of these bodies: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."
SECTION 11. Section 40-17-120 of the 1976 Code is amended to read:
"Section 40-17-120. (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.
(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 12. 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 13. 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 other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealed weapon upon any premises may be satisfied by a sign expressing the prohibition in written language interdict or universal sign language.
SECTION 15. No person who holds a permit issued pursuant to this article may carry a concealable weapon into a motor vehicle or public or private conveyance 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 16. Notwithstanding any provision of law, any person may carry a concealed 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 17. This act takes effect thirty days after approval by the Governor./
Renumber sections to conform.
Amend title to conform.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
Senator DRUMMOND moved that when the Senate adjourns, it stand adjourned to meet Wednesday, May 22, 1996, at 10:00 A.M., which motion was adopted.
At 11:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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