Printed Page 5030, Apr. 27
| Printed Page 5050, Apr. 27
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Printed Page 5030, Apr. 27
| Printed Page 5050, Apr. 27
| The amendment was then adopted.
Rep. HODGES moved immediate cloture on the entire matter, which was agreed to.
Rep. GRAHAM moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Baker Beatty Boan Breeland Byrd Carnell Cato Clyborne Cobb-Hunter Corning Fair Fulmer Graham Hallman Harrell Harrison Hutson Inabinett Klauber Koon Lanford Marchbanks Mattos McAbee Moody-Lawrence Neal Neilson Phillips Riser Robinson Rogers Rudnick Shissias Smith, D. Stille Trotter Vaughn Waites Wilkins
Those who voted in the negative are:
Alexander, T.C. Allison Barber Brown, H. Cooper Cromer Davenport Gamble Gonzales Govan Harris, J. Haskins Hodges Huff Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Littlejohn Martin McCraw McTeer Meacham Quinn Richardson Scott Sheheen Simrill Smith, R. Stuart Thomas Waldrop Walker Wells White Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Reps. BREELAND and CANTY proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\N05\7833AC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _. Chapter 31, Title 23, of the 1976 Code is amended by adding:
Section 23-31-710. This act may be cited as the `Children's Firearm Protection Act of 1993'.
Section 23-31-720. As used in this article:
(1) `Trigger-locking device' means a device which prevents the firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.
(2) `Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including,
(3) `Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.
(4) `Minor' means a person under fourteen years of age.
Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes death to himself or another person, the person is guilty of criminal storage of a firearm in the first degree.
(B) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises under his custody or control and he knows or reasonably should know that a minor is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the minor obtains access to the firearm and causes injury to himself or another person or causes the firearm to discharge, but death does not occur, the person is guilty of criminal storage of a firearm in the second degree.
Section 23-31-740. This article does not apply when:
(1) the minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) the firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;
(4) the firearm is equipped with a trigger-locking device and the device is on;
(5) the person is a peace officer, police officer, or law enforcement officer, or a member of the armed forces or national guard and the minor obtains the firearm during, or incidental to, the performance of the person's duties;
(6) the minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;
(8) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. A person who is convicted of criminal storage of a firearm must be:
(1) imprisoned for not more than three years or fined not more than ten thousand dollars, or both, for criminal storage of a firearm in the first degree;
(2) imprisoned not more than one year or fined not more than one thousand dollars, or both, for criminal storage of a firearm in the second degree.
Section 23-31-760. (A) If the person who violates this article is related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting, the solicitor shall consider, among other factors, the impact of the injury or death on the person when deciding whether to prosecute a violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a minor who is injured or dies as the result of an accidental shooting must be prosecuted only in those instances in which the person related within the third degree of consanguinity behaved in a grossly negligent manner or where similarly egregious circumstances exist.
(B) This article may not restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violated this article.
Section 23-31-770. (A) If the person who violates this article is the person related within the third degree of consanguinity to a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the violation of this article may occur until at least seven days after the date upon which the accidental shooting occurred.
(B) In addition to the limitation contained in this article, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting before arresting a person for a violation of this section, if the person to be arrested is related within the third degree of consanguinity to the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured minor while the minor remains on life-support equipment or is in a similarly critical medical condition.
(B) In an action or trial commenced under this article, the fact that the person who violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a minor in violation of this article is admissible.
Section 23-31-790. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser. The warning, written in block letters not less than one-fourth inch in height must state: `IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.'
(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter a warning written in block letters not less than one inch in height that states: `IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OF EASY ACCESS OF A MINOR.'
(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."
SECTION __. Chapter 32, Title 59 of the 1976 Code is amended by adding:
"Section 59-32-25. In addition to the comprehensive health education program, the department shall develop a gun safety program for public health for implementation in the schools of this State."/
Renumber sections to conform.
Amend title to conform.
Rep. COOPER raised the Point of Order that Amendment No. 9 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. BREELAND and CANTY proposed the following Amendment
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every two thousand students by school year 1994- 95. The school nurse-student ratio must be reduced after that year as follows:
(a) school year 1995-96: one nurse for every one thousand five hundred students;
(b) school year 1996-97; one nurse for every one thousand students;
(c) school year 1997-98; one nurse for every seven hundred fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous year.
The State Board of Education shall fund school based or school linked nursing services in accordance with the State Board of Education's funding plan submitted to the General Assembly in compliance with Proviso 28.70, Act 164 of 1993./
Renumber items to conform.
Amend title to conform.
Rep. BAKER raised the Point of Order that Amendment No. 10 was out of order as it was not germane.
The SPEAKER, citing Section 340 on page 20 of the Bill, overruled the Point of Order.
Rep. BEATTY explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. QUINN moved to table the amendment, which was agreed to by a division vote of 52 to 13.
Reps. BREELAND and CANTY proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\16118AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous school year.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources including, but not limited to, Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986, for the school nurse positions required by this section in addition to the funding a school district receives from state, county, or district sources. These supplemental funding sources shall provide supplemental funding to the school districts which require additional funding in order to comply with the provisions of this section. The board shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint Legislative Committee on Families and Children, and any other interested group or agency to develop this supplemental funding plan. The supplemental funding plan must be developed and implemented by school year 1994-95./
Renumber items to conform.
Amend title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\16119AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every one thousand students in grades 1-8 by school year 1994-95. The school nurse-student ratio must be reduced in school year 1995-96 to one nurse for every seven hundred and fifty students.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources including, but not limited to, Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986, for the school nurse positions required by this section in addition to the funding a school district receives from state, county, or district sources. These supplemental funding sources shall provide supplemental funding to the school districts which require additional funding in order to comply with the provisions of this section. The board shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint Legislative Committee on Families and Children, and any other interested group or agency to develop this supplemental funding plan. The supplemental funding plan must be developed and implemented by school year 1994-95./
Renumber items to conform.
Amend title to conform.
Rep. WOFFORD moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\CYY\16120AC.94), which was tabled.
Amend the bill, as and if amended, Section 59-66-340(B), as contained in Section 14 of the bill, by adding an appropriately numbered item at the end to read:
/( ) contain provisions for attaining a registered school nurse-student ratio of at least one nurse for every one thousand students in grades 1-12 by school year 1994-95. The school nurse-student ratio must be reduced in school year 1995-96 to one nurse for every seven hundred and fifty students.
The number of students in each district in a particular school year for purposes of this section must be based on the one hundred thirty-five day count of the average daily membership during the previous school year.
The State Board of Education shall promulgate regulations to develop a supplemental funding plan to maximize supplemental funding sources
Renumber items to conform.
Amend title to conform.
Rep. TROTTER moved to table the amendment, which was agreed to by a division vote of 45 to 14.
Reps. BREELAND and CANTY proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\N05\7834AC.94), which was tabled.
Amend the bill, as and if amended, Division II, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) Except for the exemptions listed in subsection (B), the Fiscal Year 1994-95 general fund appropriations of each agency of the State must be reduced in order to provide for the provisions of this act. The Budget and Control Board shall develop a plan for the reduction of appropriations and the distributions of the funds needed to carry out this act. However, the reduction may not be taken from appropriations for personal service except for positions vacated due to attrition or retirement. (B) The following are exempt from the reduction:
(1) Department of Education;
(2) Judicial Department;
(3) Budget and Control Board Employee Benefits;
(4) Budget and Control Board Capital Reserve Fund;
(5) Debt Service;
(6) Aid to Subdivisions;
(8) employee pay raises./
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Reps. BREELAND and CANTY proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\GJK\20841AC.94), which was tabled.
Amend the bill, as and if amended, by deleting on page 5, line 18, /in at least four areas of the State:/ and inserting /in these areas of the State:/
Amend the bill further, as and if amended, by inserting after /Low Country,/ page 5, line 19, /Waccamaw, Catawba, Appalachia, Central Midlands, Lower Savannah, Upper Savannah, Charleston, Santee, Lynches,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HALLMAN moved to table the amendment, which was agreed to.
Rep. ROBINSON moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Brown, J. Byrd Carnell Fair Marchbanks McAbee Robinson Stille Trotter Vaughn
Those who voted in the negative are:
Printed Page 5030, Apr. 27
| Printed Page 5050, Apr. 27
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