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

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| Printed Page 3470, May 16 | Printed Page 3490, May 16 |

Printed Page 3480 . . . . . Tuesday, May 16, 1995

MOTION PERIOD

Rep. FLEMING moved to dispense with the motion period, which was agreed to by a division vote of 41 to 14.

H. 3730--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. SCOTT having the floor.

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.

Rep. EASTERDAY moved immediate cloture on the entire matter, which was agreed to.

AMENDMENT NO. 2

Debate was resumed on Amendment No. 2, which was proposed on Thursday, May 11, by Reps. SCOTT, CROMER and SHISSIAS.

Rep. CROMER spoke in favor of the amendment.

Rep. SIMRILL spoke against the amendment and moved to table the amendment.


Printed Page 3481 . . . . . Tuesday, May 16, 1995

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Yeas 44; Nays 53

Those who voted in the affirmative are:

Brown, G.        Cain             Cato
Chamblee         Cooper           Dantzler
Davenport        Easterday        Fair
Fleming          Fulmer           Hallman
Haskins          Herdklotz        Kirsh
Klauber          Lanford          Law
Limehouse        Littlejohn       Mason
McAbee           Meacham          Neilson
Quinn            Rice             Riser
Sandifer         Seithel          Simrill
Smith, R.        Spearman         Stuart
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Whatley          Whipper, S.      Witherspoon
Wofford          Young, A.

Total--44

Those who voted in the negative are:

Allison          Anderson         Baxley
Boan             Breeland         Brown, T.
Carnell          Cave             Cotty
Cromer           Gamble           Govan
Harris, J.       Harris, P.       Harrison
Hines            Hodges           Howard
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Kelley
Keyserling       Kinon            Knotts
Koon             Lloyd            Marchbanks
Martin           McCraw           McKay
McMahand         McTeer           Moody-Lawrence
Neal             Rhoad            Richardson
Robinson         Scott            Sheheen
Shissias         Stille           Stoddard
Tucker           Wells            White


Printed Page 3482 . . . . . Tuesday, May 16, 1995

Wilder           Wilkes           Worley
Wright           Young, J.

Total--53

So, the House refused to table the amendment.

Rep. QUINN moved to divide the question.

Rep. CROMER moved to table the motion.

Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:

Yeas 35; Nays 60

Those who voted in the affirmative are:

Anderson         Breeland         Brown, T.
Cave             Cromer           Gamble
Govan            Haskins          Hines
Hodges           Howard           Hutson
Inabinett        Jaskwhich        Kelley
Keyserling       Lloyd            Martin
McCraw           McMahand         McTeer
Moody-Lawrence   Neal             Rhoad
Richardson       Riser            Scott
Sheheen          Shissias         Spearman
White            Wilder           Wilkes
Worley           Young, J.

Total--35

Those who voted in the negative are:

Allison          Baxley           Brown, G.
Cain             Carnell          Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Easterday
Fair             Fleming          Fulmer
Hallman          Harris, J.       Harris, P.
Harrison         Herdklotz        Huff
Jennings         Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh


Printed Page 3483 . . . . . Tuesday, May 16, 1995

Limehouse        Littlejohn       Marchbanks
Mason            McAbee           Meacham
Neilson          Quinn            Rice
Robinson         Sandifer         Seithel
Simrill          Smith, R.        Stille
Stoddard         Stuart           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Wells
Whatley          Whipper, S.      Witherspoon
Wofford          Wright           Young, A.

Total--60

So, the House refused to table the motion to divide the question.

The question then recurred to the motion to divide the question, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. DAVENPORT a leave of absence for the remainder of the day.

POINT OF ORDER

Rep. HODGES raised the Point of Order that since the question had been divided and there were two separate amendments now that the full period of debate should be allowed on each amendment.

Rep. FLEMING argued that this was not a new amendment even though the question had been divided and that the time had elapsed on the amendment.

Rep. HUFF stated that the original vote had been taken on Sections 12 and 13 together, but that this was now a new vote on each one individually and that debate should be allowed.

Rep. FLEMING stated that the Rules provided that this was Amendment No. 2 to the Bill and remained one amendment even though the question had been divided.

Rep. HUFF stated that the question now was to debate Section 12 and then Section 13 and debate should be allowed on each one.

Rep. SHEHEEN stated that it would be treated in the Journal as two separate amendments and would be numbered 2A and 2B.

Rep. SHISSIAS inquired about cloture being invoked and could the House divide the question and consider this as two separate amendments.


Printed Page 3484 . . . . . Tuesday, May 16, 1995

SPEAKER Pro Tempore HASKINS stated that the Point was too late as the House had already divided the question. He further stated that the House was now considering two separate amendments, Amendment No. 2A and 2B, and that the debate would be allowed and he sustained the Point of Order.

QUESTION 1--AMENDMENT 2A--REJECTED

(12) college or university campus

Rep. CROMER spoke in favor of the amendment.

Rep. QUINN moved to table the amendment.

SPEAKER IN CHAIR

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 45; Nays 49

Those who voted in the affirmative are:

Askins           Cain             Carnell
Cato             Chamblee         Cooper
Dantzler         Easterday        Fair
Felder           Fleming          Fulmer
Hallman          Harrell          Haskins
Huff             Kinon            Kirsh
Klauber          Lanford          Law
Limehouse        Littlejohn       Mason
McAbee           Meacham          Neilson
Quinn            Rice             Sandifer
Seithel          Simrill          Smith, R.
Spearman         Stille           Stoddard
Townsend         Tripp            Trotter
Vaughn           Waldrop          Whatley
Whipper, S.      Wofford          Young, A.

Total--45

Those who voted in the negative are:

Allison          Anderson         Baxley
Boan             Breeland         Brown, G.
Brown, T.        Cave             Cotty


Printed Page 3485 . . . . . Tuesday, May 16, 1995

Cromer           Gamble           Govan
Harris, J.       Harris, P.       Harrison
Hines            Hodges           Hutson
Inabinett        Jaskwhich        Jennings
Kelley           Keyserling       Knotts
Koon             Lloyd            Marchbanks
Martin           McCraw           McMahand
McTeer           Moody-Lawrence   Neal
Rhoad            Richardson       Riser
Robinson         Scott            Sheheen
Shissias         Stuart           Wells
Wilder           Wilkes           Wilkins
Witherspoon      Worley           Wright
Young, J.

Total--49

So, the House refused to table the amendment.

Rep. QUINN spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Yeas 45; Nays 53

Those who voted in the affirmative are:

Allison          Anderson         Boan
Breeland         Brown, G.        Brown, T.
Cave             Cotty            Cromer
Gamble           Govan            Harris, J.
Harris, P.       Harrison         Hines
Hodges           Hutson           Inabinett
Kelley           Kennedy          Keyserling
Kinon            Koon             Lloyd
Marchbanks       Martin           McMahand
McTeer           Moody-Lawrence   Neal
Rhoad            Richardson       Riser
Robinson         Scott            Sheheen
Shissias         Stuart           Wells


Printed Page 3486 . . . . . Tuesday, May 16, 1995

White            Wilder           Wilkes
Wilkins          Worley           Young, J.

Total--45

Those who voted in the negative are:

Askins           Baxley           Brown, H.
Cain             Carnell          Cato
Chamblee         Cooper           Dantzler
Easterday        Fair             Felder
Fleming          Fulmer           Hallman
Harrell          Haskins          Huff
Jennings         Kirsh            Klauber
Knotts           Lanford          Law
Limbaugh         Limehouse        Littlejohn
Mason            McAbee           McCraw
Meacham          Neilson          Quinn
Rice             Sandifer         Seithel
Simrill          Smith, R.        Spearman
Stille           Stoddard         Townsend
Tripp            Trotter          Vaughn
Waldrop          Whatley          Whipper, S.
Williams         Witherspoon      Wofford
Wright           Young, A.

Total--53

So, the amendment was rejected.

QUESTION 2--AMENDMENT 2B--ADOPTED

(13) church or other established religious sanctuary./

Rep. COOPER moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 18; Nays 74

Those who voted in the affirmative are:

Cato             Cooper           Easterday
Fleming          Gamble           Hallman


Printed Page 3487 . . . . . Tuesday, May 16, 1995

Limehouse        Littlejohn       McAbee
Meacham          Rice             Seithel
Simrill          Stille           Townsend
Tripp            Trotter          Vaughn

Total--18

Those who voted in the negative are:

Allison          Anderson         Askins
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, T.
Cain             Carnell          Cave
Chamblee         Cotty            Cromer
Dantzler         Felder           Fulmer
Govan            Harrell          Harris, J.
Harrison         Haskins          Hines
Hodges           Huff             Hutson
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Lanford          Law
Limbaugh         Lloyd            Marchbanks
Mason            McCraw           McKay
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Quinn
Rhoad            Richardson       Riser
Robinson         Sandifer         Scott
Sheheen          Smith, R.        Spearman
Stoddard         Stuart           Waldrop
Wells            Whatley          Whipper, S.
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--74

So, the House refused to table the amendment.

Rep. TOWNSEND spoke against the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 3488 . . . . . Tuesday, May 16, 1995

Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Yeas 57; Nays 41

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Cain             Cave
Chamblee         Cotty            Cromer
Felder           Govan            Harrell
Harris, J.       Harrison         Hines
Hodges           Huff             Hutson
Jennings         Kelley           Kennedy
Keyserling       Kinon            Lanford
Lloyd            Marchbanks       Martin
McMahand         McTeer           Moody-Lawrence
Quinn            Richardson       Robinson
Sandifer         Scott            Sheheen
Shissias         Smith, R.        Stoddard
Stuart           Tucker           Wells
Whatley          White            Wilder
Wilkes           Wilkins          Williams
Worley           Young, A.        Young, J.

Total--57

Those who voted in the negative are:

Brown, H.        Carnell          Cato
Cooper           Dantzler         Easterday
Fair             Fleming          Fulmer
Gamble           Hallman          Haskins
Herdklotz        Kirsh            Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Mason            McAbee           McCraw
Meacham          Neilson          Rhoad
Rice             Riser            Seithel
Simrill          Spearman         Stille
Townsend         Tripp            Trotter


Printed Page 3489 . . . . . Tuesday, May 16, 1995

Vaughn           Waldrop          Witherspoon
Wofford          Wright

Total--41

So, the amendment was adopted.

Reps. KELLEY, WITHERSPOON and WORLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3955CM.95), which was adopted.

Amend the Report of the Committee on Judiciary, as and if amended, Section 23-3-215(L)(10), SECTION 1, page 3730-5, by striking lines 26 and 27, and inserting:

/consumption on its premises;/

Amend title to conform.

Rep. J. YOUNG explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 4, which was tabled.

AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:

( ) VENUE SUBJECT TO THE ADMISSIONS TAX IMPOSED PURSUANT TO ARTICLE 17, CHAPTER 21 OF TITLE 12.

Rep. SHEHEEN explained the amendment.

Rep. J. YOUNG spoke against the amendment.

Rep. J. YOUNG moved to table the amendment, which was agreed to by a division vote of 40 to 34.

Rep. SHEHEEN proposed the following Amendment No. 5, which was adopted.

AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:

( ) BUILDING OR FACILITY OR PROPERTY OWNED BY A MUNICIPAL, COUNTY, STATE, OR FEDERAL GOVERNMENT, EXCEPT FOR EVENTS RELATING TO FIREARM ACTIVITIES


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

WHICH ARE AUTHORIZED BY THAT PARTICULAR BRANCH OF GOVERNMENT.


| Printed Page 3470, May 16 | Printed Page 3490, May 16 |

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