NO. 28
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Hebrews 13:1: "Let mutual love continue."
Let us pray. God of all times and places, open our eyes to Your word and our heart to Your calling. Guide all of us to take heed in doing what You expect us to do. Bless and keep our defenders of freedom and first responders. Open our eyes to see the wonderful things You have for these women and men who serve this State. Let Your light shine on our World, Nation, President, State, Governor, Speaker, Staff, and all who serve this place. Keep our women and men who serve and protect our Nation. Heal the wounds, seen and those hidden, of our warriors who suffer for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. POPE moved that when the House adjourns, it adjourn in memory of Tom "Tommy" Erwin McLean, which was agreed to.
Survivors are his wife of 54 years Susie Wylie McLean; daughters Caroline McLean of Savannah, GA and Blakely McLean of Clover, SC; son Kyle McLean of Clover, SC; sister Judy Lark of Clover, SC; brothers Charles Mclean (Sue) of Clover, SC and John Mclean (Joan) of York, SC; grandchildren Garrett, Ellie, Mary Caroline, and Payton. He was preceded in death by a grandson, Benjamin.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Reps. OTT, ALEXANDER and WILLIS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 21.
Announcement was made that Dr. Joel Sirianni of Charleston was the Doctor of the Day for the General Assembly.
Rep. MCCRAVY presented to the House the NInety-Six High School "Wildcats" 2022 1A Marching Band State Champions.
Rep. A. M. MORGAN presented to the House the Eastside High School "Eagles" 2022 AAAA Baseball State Champions.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3014 (Word version)
Date: ADD:
02/22/23 W. JONES and DILLARD
Bill Number: H. 3019 (Word version)
Date: ADD:
02/22/23 J. L. JOHNSON, LANDING, TEDDER, HARTNETT, RIVERS, BUSTOS, PACE, GIBSON, HENDERSON-MYERS and BAUER
Bill Number: H. 3041 (Word version)
Date: ADD:
02/22/23 CROMER
Bill Number: H. 3067 (Word version)
Date: ADD:
02/22/23 WILLIAMS
Bill Number: H. 3096 (Word version)
Date: ADD:
02/22/23 GATCH, S. JONES, GAGNON, OREMUS, HADDON and FORREST
Bill Number: H. 3278 (Word version)
Date: ADD:
02/22/23 SANDIFER
Bill Number: H. 3308 (Word version)
Date: ADD:
02/22/23 ERICKSON and BRADLEY
Bill Number: H. 3325 (Word version)
Date: ADD:
02/22/23 WILLIAMS
Bill Number: H. 3360 (Word version)
Date: ADD:
02/22/23 WILLIAMS, ERICKSON and BRADLEY
Bill Number: H. 3448 (Word version)
Date: ADD:
02/22/23 B. NEWTON
Bill Number: H. 3549 (Word version)
Date: ADD:
02/22/23 LIGON
Bill Number: H. 3591 (Word version)
Date: ADD:
02/22/23 ERICKSON
Bill Number: H. 3593 (Word version)
Date: ADD:
02/22/23 ERICKSON
Bill Number: H. 3686 (Word version)
Date: ADD:
02/22/23 W. JONES
Bill Number: H. 3726 (Word version)
Date: ADD:
02/22/23 LIGON
Bill Number: H. 3772 (Word version)
Date: ADD:
02/22/23 OREMUS, GATCH, S. JONES and GAGNON
Bill Number: H. 3785 (Word version)
Date: ADD:
02/22/23 ANDERSON, MCGINNIS and WHITE
Bill Number: H. 3824 (Word version)
Date: ADD:
02/22/23 HYDE and GUEST
Bill Number: H. 3948 (Word version)
Date: ADD:
02/22/23 ERICKSON, BRADLEY, OTT and CASKEY
Bill Number: H. 3951 (Word version)
Date: ADD:
02/22/23 ERICKSON
Bill Number: H. 3952 (Word version)
Date: ADD:
02/22/23 OTT and WILLIS
Bill Number: H. 3985 (Word version)
Date: ADD:
02/22/23 HENEGAN, GILLIARD, RIVERS and KING
Bill Number: H. 3992 (Word version)
Date: ADD:
02/22/23 SANDIFER
Bill Number: H. 4002 (Word version)
Date: ADD:
02/22/23 CARTER
The SPEAKER granted Rep. MOSS a temporary leave of absence due to medical reasons.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3802 (Word version) -- Reps. B. J. Cox and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "VETERANS' TRUST FUND" BY AMENDING SECTION 25-21-20, RELATING TO ESTABLISHMENT OF BOARD OF TRUSTEES, MEMBERSHIP REQUIREMENTS, TERM AND COMPENSATION, AND ANNUAL REPORTS, SO AS TO REDUCE THE NUMBER OF BOARD MEMBERS FROM NINETEEN TO ELEVEN; TO PROVIDE FOR APPOINTMENT OF THOSE MEMBERS BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE REQUIREMENTS FOR THE APPOINTMENT OF THE MEMBERS; AND TO ESTABLISH A FOUR-YEAR TERM. H. 3797 (Word version) -- Reps. B. J. Cox, G. M. Smith, Beach, W. Newton, Williams, McCravy, Long, Hixon, Taylor, Oremus, Blackwell, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "MILITARY TEMPORARY REMOTE SCHOOL ENROLLMENT ACT" BY ADDING SECTION 59-63-33 SO AS TO PROVIDE PUBLIC SCHOOL PUPILS COMPLY WITH SCHOOL ENROLLMENT REQUIREMENTS IF THEIR PARENTS ARE TRANSFERRED TO OR ARE PENDING TRANSFER TO MILITARY INSTALLATIONS IN THIS STATE WHILE ON ACTIVE MILITARY DUTY PURSUANT TO OFFICIAL MILITARY ORDERS, TO PROVIDE SCHOOL DISTRICTS SHALL ACCEPT APPLICATIONS FOR ENROLLMENT AND COURSE REGISTRATION FROM SUCH PUPILS BY ELECTRONIC MEANS, TO PROVIDE PARENTS OF SUCH STUDENTS SHALL PROVIDE CERTAIN PROOF OF RESIDENCE WITHIN TEN DAYS AFTER THE ARRIVAL DATE, TO PROVIDE THE PROVISIONS OF THIS ACT APPLY NOTWITHSTANDING ANOTHER PROVISION OF LAW, TO PROVIDE AMBIGUITIES IN CONSTRUING THE PROVISIONS OF THIS ACT MUST BE RESOLVED IN FAVOR OF ENROLLMENT, AND TO DEFINE NECESSARY TERMINOLOGY.
The following Bill was taken up:
H. 3686 (Word version) -- Reps. Bernstein, J. L. Johnson, Henegan, Rutherford, Wetmore, Bauer, Brittain, Rivers, Gilliard, Anderson and W. Jones: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-1710 SO AS TO PROVIDE A FRAMEWORK IN WHICH ANTI-SEMITISM IS CONSIDERED REGARDING ALL LAWS PROHIBITING DISCRIMINATORY ACTS, AND TO EDUCATE STATE PERSONNEL AND OFFICIALS ON ANTI-SEMITISM.
Reps. MAGNUSON, MAY, PACE, WHITE, LANDING and S. JONES requested debate on the Bill.
The following Bill was taken up: H. 3340 (Word version) -- Reps. Dillard, Henegan, Hyde, Felder, King, Howard, Bernstein and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-330, RELATING TO THE ENDANGERED PERSON NOTIFICATION SYSTEM, SO AS TO PROVIDE THE SYSTEM ALSO SHALL PROVIDE FOR THE DISSEMINATION OF INFORMATION REGARDING MISSING PERSONS BELIEVED TO BE SUFFERING FROM A DEVELOPMENTAL DISABILITY SUCH AS AUTISM SPECTRUM DISORDER.
The Committee on Judiciary proposed the following Amendment
No. 1 to H. 3340 (Word version) (LC-3340.CM0001H):
Amend the bill, as and if amended, SECTION 1, by striking Section 23-3-330(C) and inserting:
(C) The center shall adopt guidelines and develop procedures for issuing notifications for missing persons believed to be suffering from dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, provide education and training to local law enforcement agencies, and encourage radio and television broadcasters to participate in the notifications.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN moved to adjourn debate on the amendment, which was agreed to.
Rep. BERNSTEIN proposed the following Amendment No. 2 to H. 3340 (Word version) (LC-3340.CM0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-3-330(A), (B), (C), and (D) and inserting:
(A) The Endangered Person Notification System is established within the Missing Person Information Center. The purpose of the Endangered Person Notification System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment.
(B) If the center receives a report that involves a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, for the protection of the person from potential abuse or other physical harm, neglect, or exploitation, the center shall issue a notification providing for the appropriate dissemination of information regarding the person. (C) The center shall adopt guidelines and develop procedures for issuing notifications, including wireless emergency alert notifications, for missing persons believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, provide education and training to local law enforcement agencies, and encourage radio and television broadcasters to participate in the notifications.
(D) The center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing person who is believed to be suffering from Alzheimer's disease, dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment when the person's vehicle and license tag information is available. The Department of Transportation shall utilize current protocol for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign.
(E) The South Carolina Law Enforcement Division shall be authorized to send wireless emergency alerts pursuant to this section.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
The amendment was then adopted.
The Committee on Judiciary proposed the following Amendment
No. 1 to H. 3340 (Word version) (LC-3340.CM0001H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-3-330(C) and inserting:
(C) The center shall adopt guidelines and develop procedures for issuing notifications for missing persons believed to be suffering from dementia, a developmental disability such as autism spectrum disorder, or some other cognitive impairment, provide education and training to local law enforcement agencies, and encourage radio and television broadcasters to participate in the notifications.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN moved to table the amendment, which was agreed to.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Collins B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Gagnon Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hartnett Hayes Henegan Hewitt Hiott Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Long Lowe Magnuson May McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Rivers Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore White Whitmire Williams Wooten Yow
Those who voted in the negative are:
The motion period was dispensed with on motion of Rep. OTT.
The following Bill was taken up: H. 3594 (Word version) -- Reps. B. J. Cox, G. M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A. M. Morgan, T. A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M. M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B. L. Cox, Vaughan, White, Collins, J. E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
The Committee on Judiciary proposed the following Amendment
No. 1 to H. 3594 (Word version) (LC-3594.CM0003H), which was adopted:
Amend the bill, as and if amended, SECTION 3, by striking Section 16-23-20(B)(1) and inserting:
(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers;
Amend the bill further, SECTION 16, by striking Section 16-23-500(A) and inserting:
(A) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State.
Amend the bill further, SECTION 16, by striking Section 16-23-500(B)(1), (2), and (3) and inserting:
(1) for a first offense, must be imprisoned not more than five years;
(2) for a second offense, must be imprisoned for a mandatory minimum of five years, but not more than twenty years; and
(3) for a third or subsequent offense, must be imprisoned for a mandatory minimum of ten years, but not more than thirty years.
Amend the bill further, SECTION 16, by striking Section 16-23-500(E) and inserting:
(E) A second or subsequent offense for the purpose of this section means any conviction pursuant to Section 16-23-500(A).
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 22-5-910 of the S.C. Code is amended to read:
Section 22-5-910. (A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle. (B) Following a conviction for domestic violence in the third degree pursuant to Section 16-25-20(D), or Section 16-25-20(B)(1) as it existed before June 4, 2015, the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.
(C) If the defendant has had no other conviction, including out-of-state convictions, during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant.
(D) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(E) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses for crimes carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both listed pursuant to subsection (A), for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
(F) No person may have the person's record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section.
SECTION X. Section 23-31-240 of the S.C. Code is amended to read:
Section 23-31-240. Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges; (4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers' compensation commissioners; and
(13) the Attorney General and assistant attorneys general; and
(14) active County Clerks of Court.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. ROSE spoke against the amendment.
Rep. ROSE spoke against the amendment.
The amendment was then adopted.
Reps. B. J. COX and ELLIOTT proposed the following Amendment No. 2 to H. 3594 (Word version) (LC-3594.AHB0014H), which was adopted:
Amend the bill, as and if amended, SECTION 16, by striking Section 16-23-500(A) and inserting:
(A) Except as provided in subsection (F), it is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. MAGNUSON spoke in favor of the amendment.
Rep. T. MOORE spoke in favor of the amendment.
The amendment was then adopted.
Rep. ROSE moved to recommit the Bill to the Committee on Judiciary.
Rep. ELLIOTT moved to table the motion.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Weeks Wetmore Wheeler Williams
So, the motion to recommit the Bill was tabled.
The SPEAKER granted Rep. GUFFEY a temporary leave of absence.
Reps. BAMBERG and KING proposed the following Amendment No. 5 to H. 3594 (Word version) (LC-3594.HDB0030H), which was tabled:
Amend the bill, as and if amended, SECTION 18, by striking Section 23-31-240(13) and inserting:
(13) the Attorney General and assistant attorneys general;
(14) active County Clerks of Court; and
(15) active public defenders and assistant public defenders.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. T. MOORE moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pedalino Pope Sandifer Schuessler Sessions G. M. Smith M. M. Smith Thayer Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson W. Jones King Kirby McDaniel Ott Pendarvis Rivers Robbins Rose Rutherford Stavrinakis Taylor Tedder Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. BAMBERG and KING proposed the following Amendment No. 6 to H. 3594 (Word version) (LC-3594.HDB0031H), which was tabled:
Amend the bill, as and if amended, SECTION 18, by striking Section 23-31-240(13) and inserting:
(13) the Attorney General and assistant attorneys general;
(14) active County Clerks of Court;
(15) active members of the General Assembly; and
(16) active public defenders and assistant public defenders.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCravy McGinnis Mitchell Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pope Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby May McDaniel A. M. Morgan T. A. Morgan Ott Pendarvis Rivers Robbins Rose Rutherford Stavrinakis Tedder Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. BAMBERG and KING proposed the following Amendment No. 7 to H. 3594 (Word version) (LC-3594.AHB0026H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 10-11-320(A) of the S.C. Code is amended to read:
(A) It is unlawful for any person or group of persons to:
(1) carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or
(2) discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. B. J. COX spoke against the amendment.
Rep. T. A. MORGAN spoke against the amendment.
Rep. B. J. COX moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Long Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan Wetmore White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Hart Hayes Henderson-Myers Henegan Hosey Jefferson W. Jones King Kirby McDaniel Ott Pendarvis Rivers Rose Rutherford Tedder Weeks Wheeler Williams
So, the amendment was tabled.
Reps. BAMBERG and KING proposed the following Amendment No. 8 to H. 3594 (Word version) (LC-3594.AHB0024H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 10-11-320(A) of the S.C. Code is amended to read:
(A) It is unlawful for any person or group of persons to:
(1) carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or
(2) discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hardee Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Lowe McCravy McGinnis T. Moore Murphy Neese B. Newton O'Neal Oremus Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Beach Bernstein Clyburn Cobb-Hunter Cromer Dillard Garvin Gilliard Hager Harris Hart Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones Kilmartin King Kirby Long Magnuson McDaniel J. Moore A. M. Morgan T. A. Morgan Nutt Ott Pace Pedalino Rivers Rose Rutherford Tedder Trantham Vaughan Weeks Wheeler Williams
So, the amendment was tabled.
Reps. BAMBERG and KING proposed the following Amendment No. 9 to H. 3594 (Word version) (LC-3594.CM0032H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-260. The State encourages citizens wishing to carry a firearm to complete a firearm education course. A firearm education course includes, but is not limited to:
(1) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(2) information on handgun use and safety;
(3) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child;
(4) the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired;
(5) properly securing a firearm in a holster;
(6) "cocked and locked" carrying of a firearm;
(7) how to respond to a person who attempts to take your firearm from your holster; and
(8) de-escalation techniques and strategies.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. B. J. COX spoke against the amendment.
Rep. B. J. COX moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Bradley Brewer Brittain Burns Bustos Carter Caskey Chapman Chumley Collins Connell B. J. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gibson Gilliam Guest Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Anderson Ballentine Bamberg Bauer Bernstein Blackwell Calhoon Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pedalino Pendarvis Pope Rivers Rose Rutherford Stavrinakis Tedder Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Rep. HIOTT moved cloture on the entire matter, which was agreed to.
Reps. BAMBERG and KING proposed the following Amendment No. 10 to H. 3594 (Word version) (LC-3594.CM0041H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-260. Nothing in this article may be construed to imply that the State does not encourage a citizen wishing to carry a firearm complete a firearm education course. A firearm education course includes, but is not limited to:
(1) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(2) information on handgun use and safety;
(3) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child;
(4) the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired;
(5) properly securing a firearm in a holster;
(6) "cocked and locked" carrying of a firearm; (7) how to respond to a person who attempts to take your firearm from your holster; and
(8) de-escalation techniques and strategies.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG moved to table the amendment, which was agreed to.
Rep. BERNSTEIN proposed the following Amendment No. 11 to
H. 3594 (Word version) (LC-3594.CM0043H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 23-31-215(A) of the S.C. Code is amended to read:
(A) Notwithstanding any other provision of law, except subject to subsection (B), SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one eighteen 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) a photocopy of a driver's license or photographic identification card;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at 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) proof of training; and (6) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
Notwithstanding another provision of law to the contrary, a person less than twenty-one years of age must possess a permit to carry a weapon whether concealed or not.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN spoke in favor of the amendment.
Rep. BERNSTEIN continued speaking.
Rep. B. J. COX moved to table the amendment, which was agreed to.
Rep. RUTHERFORD proposed the following Amendment No. 14 to H. 3594 (Word version) (LC-3594.HDB0046H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 4, Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-260. No person may be held in custodial detention who is lawfully carrying a firearm pursuant to this article and has not otherwise committed a crime.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. B. J. COX moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Davis Elliott Erickson Felder Forrest Gagnon Gibson Gilliam Guest Hager Hardee Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Lowe Magnuson McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton O'Neal Oremus Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bauer Beach Bernstein Burns Caskey Chumley Clyburn Cobb-Hunter Crawford Cromer Dillard Garvin Gilliard Haddon Harris Hayes Henderson-Myers Henegan Hosey Jefferson J. L. Johnson W. Jones Kilmartin King Kirby Long May McDaniel J. Moore A. M. Morgan T. A. Morgan Nutt Ott Pendarvis Rivers Rose Stavrinakis Tedder Trantham Wetmore White Whitmire Williams
The SPEAKER granted Rep. BERNSTEIN a leave of absence for the remainder of the day.
Rep. B. J. COX moved that the House recede until 2:10 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments, cloture having been ordered.
At 2:10 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered: H. 3594 (Word version) -- Reps. B. J. Cox, G. M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A. M. Morgan, T. A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M. M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B. L. Cox, Vaughan, White, Collins, J. E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
Rep. RUTHERFORD proposed the following Amendment No. 15 to H. 3594 (Word version) (LC-3594.HDB0042H), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 4, Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-245. A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. B. J. COX moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Forrest Gagnon Gatch Guest Hager Hardee Hewitt Hiott Hixon Hyde J. E. Johnson Landing Ligon McCravy McGinnis T. Moore Murphy Neese B. Newton W. Newton Pope Sandifer Schuessler Sessions G. M. Smith West Wooten
Those who voted in the negative are:
Atkinson Bamberg Bauer Beach Caskey Chumley Clyburn Cobb-Hunter Cromer Garvin Gibson Gilliam Gilliard Haddon Harris Hartnett Hayes Henegan Hosey Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Lawson Leber Long Magnuson May McCabe McDaniel A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Rivers Robbins Rose Rutherford Stavrinakis Tedder Trantham Wetmore Wheeler White Whitmire Williams Yow
So, the House refused to table the amendment.
Rep. ELLIOTT spoke against the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Rep. BLACKWELL proposed the following Amendment No. 19 to H. 3594 (Word version) (LC-3594.AHB0048H), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon.
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL spoke in favor of the amendment.
Rep. B. J. COX spoke in favor of the amendment.
The amendment was then adopted.
Rep. BAMBERG proposed the following Amendment No. 21 to
H. 3594 (Word version) (LC-3594.HDB0052H), which was adopted:
Amend the bill, as and if amended, SECTION 3, Section 16-23-20, by adding a subsection to read:
(D) Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. B. J. COX spoke against the amendment.
Rep. B. J. COX moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Gagnon Gibson Gilliam Guest Hager Hewitt Hiott Hyde J. E. Johnson Jordan Landing Lawson Ligon McCravy Mitchell T. Moore Neese B. Newton W. Newton Pope Schuessler Sessions G. M. Smith M. M. Smith Vaughan West Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Beach Brewer Burns Chumley Clyburn Cobb-Hunter Cromer Dillard Forrest Garvin Gatch Gilliard Haddon Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hixon Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Leber Long Lowe Magnuson May McCabe McDaniel McGinnis J. Moore A. M. Morgan T. A. Morgan Murphy Nutt O'Neal Oremus Ott Pedalino Pendarvis Rivers Robbins Rose Rutherford Stavrinakis Tedder Trantham Wetmore Wheeler White Whitmire Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment. The amendment was then adopted.
Reps. BEACH and MAY proposed the following Amendment No. 22 to H. 3594 (Word version) (LC-3594.CM0055H), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 16.
Renumber sections to conform.
Amend title to conform.
Rep. BEACH spoke in favor of the amendment.
Rep. W. NEWTON spoke against the amendment.
Rep. W. NEWTON moved to table the amendment.
Rep. BEACH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Hartnett Hayes Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Landing Lawson Leber Ligon McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Nutt Ott Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Thayer Vaughan West Wetmore Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Beach Burns Chumley Clyburn Cobb-Hunter Cromer Dillard Garvin Gilliard Harris Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Long Lowe Magnuson May McCabe McDaniel J. Moore A. M. Morgan T. A. Morgan O'Neal Oremus Pace Pendarvis Rivers Rose Rutherford Sessions Stavrinakis Tedder Trantham Weeks Wheeler White Whitmire Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON proposed the following Amendment No. 23
to H. 3594 (Word version) (LC-3594.CM0053H), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 5, Chapter 23, Title 16 of the S.C. Code is amended by adding:
Section 16-23-540. (A) An owner or other person who is lawfully in possession of a firearm, rifle, or shotgun in this State who suffers the loss or theft of such weapon shall report, within thirty days of discovery, the loss or theft of each weapon to the appropriate local law enforcement agency, whether local police department or county sheriff's office, which would have appropriate jurisdiction where the weapon is located. In addition, the facts and circumstances of the loss or theft also must be reported to the appropriate law enforcement agency to which the report is made.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. B. J. COX spoke in favor of the amendment.
Rep. MAGNUSON spoke against the amendment.
Rep. MAGNUSON moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Reps. RUTHERFORD and BAMBERG proposed the following Amendment No. 24 to H. 3594 (Word version) (LC-3594.HDB0054H), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 5, Chapter 23, Title 16 of the S.C. Code is amended by adding:
Section 16-23-540. The right to possess a firearm of any person convicted of a nonviolent felony that is not contained in Section 16-1-60 is automatically restored five years after completion of the sentence for that offense.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. RUTHERFORD continued speaking.
Rep. ELLIOTT spoke against the amendment.
Rep. ELLIOTT moved to table the amendment. Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Davis Elliott Erickson Felder Forrest Gagnon Gibson Gilliam Guest Hager Hardee Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Landing Lawson Ligon McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Beach Burns Caskey Chumley Clyburn Cobb-Hunter Crawford Cromer Dillard Garvin Gatch Gilliard Haddon Harris Hartnett Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Leber Long Lowe Magnuson May McCabe J. Moore A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Rose Rutherford Stavrinakis Tedder Trantham Weeks Wheeler White Whitmire Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bauer Beach Burns Caskey Chumley Clyburn Cobb-Hunter Cromer Dillard Forrest Garvin Gatch Gilliard Haddon Hardee Harris Henderson-Myers Henegan Hosey Howard J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Long Lowe Magnuson May McCabe McDaniel J. Moore A. M. Morgan T. A. Morgan O'Neal Oremus Ott Pace Pendarvis Rivers Rose Rutherford Sandifer Stavrinakis Tedder Trantham Weeks Wheeler White Whitmire Williams
Atkinson Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Gagnon Gibson Gilliam Guest Hager Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde Jefferson J. E. Johnson Jordan Landing Lawson Leber Ligon McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Nutt Pope Robbins Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West Willis Wooten Yow
So, the amendment was rejected.
Rep. T. MOORE proposed the following Amendment No. 25 to
H. 3594 (Word version) (LC-3594.HDB0058H), which was adopted:
Amend the bill, as and if amended, SECTION 18, by striking Section 23-31-240 and inserting:
Section 23-31-240. (A) Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges; (7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers' compensation commissioners; and
(13) the Attorney General and assistant attorneys general;
(14) active County Clerks of Court;
(15) active public defenders and assistant public defenders.
(B) Notwithstanding the provisions of subsection (A), public defenders and assistant public defenders may not carry a concealable weapon into local or state correctional facility.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE spoke in favor of the amendment.
The amendment was then adopted.
Reps. BAMBERG and KING proposed the following Amendment No. 26 to H. 3594 (Word version) (LC-3594.AHB0060H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 10-11-320 of the S.C. Code is amended to read:
Section 10-11-320. (A) It is unlawful for any person or group of persons to:
(1) carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or
(2) discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.
(B) This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 and is authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain locked in the person's vehicle while on or below the capitol grounds and must be stored in a place in the vehicle that is not readily accessible to any person upon entry to or below the capitol grounds.
(C) Nothing in this section prohibits a person from standing their ground pursuant to Article 6, Chapter 11, Title 16.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Blackwell Bradley Brewer Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Forrest Gagnon Gibson Gilliam Guest Hager Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Landing Lawson Leber Ligon Lowe McCravy McGinnis T. Moore Murphy Neese B. Newton W. Newton Nutt Pedalino Pope Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan West Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Beach Burns Clyburn Cobb-Hunter Cromer Dillard Garvin Gatch Gilliard Haddon Hardee Harris Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Long Magnuson May McCabe McDaniel A. M. Morgan T. A. Morgan O'Neal Oremus Ott Pendarvis Rivers Robbins Rose Rutherford Tedder Trantham Weeks Wheeler White Whitmire Williams
So, the amendment was tabled.
Rep. GARVIN proposed the following Amendment No. 13 to H. 3594 (Word version) (LC-3594.AHB0039H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-70. For purposes of this article, the term:
(1) "Antique firearm" means:
(a) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; and
(b) a replica of a firearm described in subitem (a) if such replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition; or
(ii) uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(2) "Firearm" means a weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; a firearm muffler or firearm silencer; or a destructive device; but the term does not include an antique firearm. In the case of a licensed collector, the term means only curios and relics. (3) "Firearm frame or receiver" means that part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.
(4) "Firearm muffler or firearm silencer" means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Section 23-31-80. (A) In addition to any other requirements pursuant to state and federal law, all sales, exchanges, or transfers of firearms must be conducted in accordance with the provisions of this article unless the sale, exchange, or transfer is conducted by a licensed importer, licensed manufacturer, or licensed dealer, as those terms are defined in 18 U.S.C. Section 922, when the sale, exchange, or transfer is conducted pursuant to that person's federal firearms license or the sale, exchange, or transfer is between members of an immediate family. For purposes of this section, 'immediate family' means spouses, domestic partners, children, and stepchildren.
(B) Before any sale, exchange, or transfer pursuant to the provisions of this article, a national instant criminal background check pursuant to 18 U.S.C. Section 922 must be completed by a licensed dealer who consents to conduct the check, and upon completion of the background check, shall complete a document, the form of which shall be approved by the Chief of the State Law Enforcement Division (SLED), that identifies and confirms that the check was performed.
(C) All dealers shall maintain a record of transactions conducted pursuant to this article and the record must be maintained on the premises mentioned and described in the license and must be open at all reasonable hours for inspection by any law enforcement officer acting in the scope of his employment.
Section 23-31-90. (A) A national instant criminal background check must be conducted and a person may not sell, exchange, or transfer a firearm at a gun show in this State except in accordance with the provisions of 18 U.S.C. 922 and the provisions of this section.
(B) A person may not offer or agree to sell, exchange, or transfer a firearm to another person at a gun show in this State and transfer or deliver a firearm to another person, or person acting on his behalf, at a location other than the gun show for the purpose of evading or avoiding compliance with 18 U.S.C. 922. (C)(1) Before a gun show vendor sells, exchanges, or transfers a firearm at a gun show in this State, he shall:
(a) require that a national instant background check be conducted of the person; and
(b) obtain approval of a transfer from SLED after a national instant background check has been requested by a licensed gun dealer.
(2) A gun show promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this section.
(3) If any part of a firearm transaction takes place at a gun show, no firearm may be sold, exchanged, or transferred unless a national instant background check has been obtained by a licensed gun dealer.
Section 23-31-100. (A) A dealer may require that any sale, exchange, or transfer conducted pursuant to this article be subject to a fee of not more than twenty-five dollars per transaction.
(B) A record produced pursuant to this article and any transmission of the record to a governmental agency is not considered a public record for purposes of Chapter 4, Title 30, the Freedom of Information Act.
(C) A person who knowingly violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Weeks Wheeler White Whitmire Williams
So, the amendment was tabled.
Rep. Joe White
Rep. ANDERSON spoke against the Bill.
Rep. J. L. JOHNSON spoke against the Bill.
Rep. J. MOORE spoke against the Bill.
Rep. MCDANIEL spoke against the Bill.
Rep. MAY moved to reconsider the vote whereby Amendment No. 13 was tabled.
Rep. OTT moved to table the motion.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Bamberg Bauer Clyburn Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel J. Moore Pendarvis Rivers Rose Rutherford Tedder Williams
So, the motion to reconsider was tabled.
Rep. GILLIARD spoke against the Bill.
Rep. W. NEWTON moved to reconsider the vote whereby Amendment No. 22 was tabled.
Rep. W. NEWTON moved to table the motion to reconsider. Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Landing Lawson Leber Ligon McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Ott Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan Weeks West Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Beach Burns Chumley Clyburn Cromer Dillard Garvin Gilliard Harris Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Long Lowe Magnuson May McCabe J. Moore A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Pace Pendarvis Rivers Rose Stavrinakis Tedder Thigpen Trantham Wheeler White Williams
So, the motion to reconsider was tabled.
Rep. W. NEWTON moved to reconsider the vote whereby Amendment No. 24 was rejected.
Rep. W. NEWTON moved to table the motion.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Landing Lawson Leber Ligon McCravy McGinnis Mitchell T. Moore Murphy Neese B. Newton W. Newton Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Beach Burns Chumley Clyburn Cromer Dillard Garvin Gilliard Harris Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Long Magnuson May McCabe J. Moore A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Trantham Weeks Wetmore Wheeler White Williams
So, the motion to reconsider was tabled.
Rep. RIVERS spoke against the Bill.
Rep. KING spoke against the Bill.
Rep. A. M. MORGAN spoke in favor of the Bill.
Rep. BAUER spoke against the Bill.
Rep. T. A. MORGAN spoke in favor of the Bill.
Rep. WILLIAMS spoke against the Bill.
Rep. MAY spoke in favor of the Bill.
Rep. THIGPEN spoke against the Bill.
Rep. OREMUS spoke in favor of the Bill.
Rep. KILMARTIN spoke in favor of the Bill.
Rep. B. J. COX spoke in favor of the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bamberg Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. W. NEWTON moved to reconsider the vote whereby the following Bill was given second reading: H. 3594 (Word version) -- Reps. B. J. Cox, G. M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A. M. Morgan, T. A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M. M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B. L. Cox, Vaughan, White, Collins, J. E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
Rep. W. NEWTON moved to table the motion, which was agreed to.
Rep. W. NEWTON gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. FORREST moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 3972 (Word version) -- Reps. Erickson, McGinnis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM ON "SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM DAY" ON MARCH 29, 2023, FOR ITS OUTSTANDING CONTRIBUTIONS IN EDUCATING AND TRAINING SOUTH CAROLINA'S WORKFORCE FOR COMPETITIVE, HIGH-DEMAND JOBS IN OUR STATE.
H. 3999 (Word version) -- Reps. Forrest, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CELEBRATE THE THIRTY-SEVENTH ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL, TO BE HELD MAY 11 THROUGH 13, 2023, IN BATESBURG-LEESVILLE AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
At 4:44 p.m. the House, in accordance with the motion of Rep. POPE, adjourned in memory of Tom "Tommy" Erwin McLean, to meet at 10:00 a.m. tomorrow.
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