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 2940, May 21 | Printed Page 2960, May 22 |

Printed Page 2950 . . . . . Tuesday, May 21, 1996

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


Printed Page 2951 . . . . . Tuesday, May 21, 1996

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.


Printed Page 2952 . . . . . Tuesday, May 21, 1996

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

Time Fixed

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.

ADJOURNMENT

At 11:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *


Printed Page 2953 . . . . . Wednesday, May 22, 1996

Wednesday, May 22, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, we read in the Epistle of James, Chapter 5 (v.11a):

"Behold, we call those happy who were

steadfast."
Let us pray.

You are Great and Mighty, O Lord, and greatly to be praised by the children of every race. Your power is wonderful, and Your wisdom is infinite and Your mercy is our joy and our hope!

An election year, O Lord, is always a difficult time for families and persons who offer to be public servants.

When life presses upon us, and when we are hemmed in on all sides, help us to look up, and reach up, and look forward with a forward stride.

Help us to lay aside the impediments of useless and trivial burdens and find our salvation in our faithful response to our God of Mercy, and say to each other:

"O give thanks to the Lord...

For His steadfast love endures

forever." Amen.

RECESS

At 10:05 A.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.

At 10:25 A.M., the Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 2954 . . . . . Wednesday, May 22, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 15, 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

Local Appointment

Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Joe C. Cantrell, Room 106, County Courthouse, Greenwood, S.C. 29646

Received as information.

VETO OVERRIDDEN

(R363, S972) -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 20, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 972, R. 363, an Act:

TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.

This veto is based on my belief that S. 972, R. 363 of 1996, is unconstitutional. Article III, Section 30 of the South Carolina Constitution states that, "The General Assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim made under any contract not authorized by law."


Printed Page 2955 . . . . . Wednesday, May 22, 1996

For the above reasons, I am returning S. 972, R. 363, without my approval.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator BRYAN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 2

AYES
Alexander           Bryan               Cork
Courson             Courtney            Drummond
Elliott             Fair                Ford
Giese               Glover              Gregory
Hayes               Holland             Hutto
Jackson             Land                Lander
Leatherman          Leventis            Matthews
McConnell           McGill              Mescher
Moore               O'Dell              Passailaigue
Patterson           Peeler              Rankin
Reese               Richter             Rose
Russell             Ryberg              Saleeby
Setzler             Short               Smith, G.
Smith, J.V.         Thomas              Waldrep
Washington          Wilson              
TOTAL--44

NAYS
Boan                 Martin
TOTAL--2


Printed Page 2956 . . . . . Wednesday, May 22, 1996

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

VETO SUSTAINED

(R370, S1266) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 20, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 1266, R. 370, an Act:

TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4 AND PROHIBITING THE DEPARTMENT FROM CLOSING ANY PART OF THE DEER SEASON IN WHICH FIREARMS ARE ALLOWED ON PRIVATE LANDS IN GAME ZONE 4.

This legislation prohibits the Department of Natural Resources from providing for breaks in the deer season in Game Zone 4. The bill also prohibits the department from closing any part of the deer season in which firearms are allowed on private lands in Game Zone 4. This results in an undue restriction of the department's authority to regulate hunting in South Carolina, and I am, therefore, vetoing the bill.

Accordingly, I am returning S. 1266, R. 370, without my approval.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator DRUMMOND moved that the veto of the Governor be sustained.


Printed Page 2957 . . . . . Wednesday, May 22, 1996

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 0; Nays 46

AYES
TOTAL--0

NAYS
Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Fair
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                Smith, G.            Smith, J.V.
Thomas               Waldrep              Washington
Wilson
TOTAL--46

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 21, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 321, S. 1350 by a vote of 3 to 1:


Printed Page 2958 . . . . . Wednesday, May 22, 1996

(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 22, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 507--CONFERENCE COMMITTEE APPOINTED

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

The House of Representatives nonconcurred in the Senate amendments on May 9, 1996.


Printed Page 2959 . . . . . Wednesday, May 22, 1996

On motion of Senator WILSON, the Senate insisted upon its amendments to S. 507 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators WILSON, O'DELL and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 846--FREE CONFERENCE POWERS GRANTED

FREE CONFERENCE COMMITTEE APPOINTED

REPORT OF THE COMMITTEE

OF FREE CONFERENCE ADOPTED

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

On motion of Senator GIESE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator GIESE spoke on the report.

S. 846--Free Conference Powers Granted

Free Conference Committee Appointed

On motion of Senator GIESE, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators GIESE, FAIR and REESE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator GIESE, the Report of the Committee of Free Conference to S. 846 was adopted as follows:

S. 846--Free Conference Report

The General Assembly, Columbia, S.C., May 22, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.


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