Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 2910, May 21 | Printed Page 2930, May 21 |
Printed Page 2920 . . . . . Tuesday, May 21, 1996
Amendment No. 21

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.

Amendment No. 26B

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/.

Printed Page 2921 . . . . . Tuesday, May 21, 1996
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.

Printed Page 2922 . . . . . Tuesday, May 21, 1996
(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.

Amendment No. 27A

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.

Amendment No. 29

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.

Printed Page 2923 . . . . . Tuesday, May 21, 1996
Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 30

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.

Amendment No. 32A

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.

Amendment No. 35

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:

Printed Page 2924 . . . . . Tuesday, May 21, 1996
/(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.

Amendment No. 36

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.

Printed Page 2925 . . . . . Tuesday, May 21, 1996
Amendment No. 38

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.

Amendment No. 39

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.

Amendment No. 40A

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.

Printed Page 2926 . . . . . Tuesday, May 21, 1996
Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 41

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.

Amendment No. 42

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.

Amendment No. 43

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

Printed Page 2927 . . . . . Tuesday, May 21, 1996
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.

Amendment No. 44A

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.

Amendment No. 46

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.

Printed Page 2928 . . . . . Tuesday, May 21, 1996
Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 47

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.

Amendment No. 48

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.

Printed Page 2929 . . . . . Tuesday, May 21, 1996
Amendment No. 49

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.

Recorded Vote

Senator WILSON desired to be recorded as voting against the adoption of the amendment.

Amendment No. 50

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.

| Printed Page 2910, May 21 | Printed Page 2930, May 21 |
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