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| (5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(E) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and
(3) all information contained in his application is true and correct to the best of his knowledge.
(F) Medical personnel, law enforcement agencies and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit.
(G) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(H) SLED shall maintain a list of all permit holders and the current status of each permit. The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders. However, SLED must release the name of a permit holder upon receiving a request.
(I) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated with no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED.
(K) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards. A five dollar replacement fee is charged. Change of permanent address within South Carolina must be communicated in writing to SLED within ten days of the change with a fee of five dollars. SLED shall then issue a new permit with the new address. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time it must be destroyed by the permit holder.
(L) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon or firearm into a:
(1) police, sheriff, or highway patrol station;
(2) detention facility, prison, or jail;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) the offices of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) meeting of the General Assembly or a committee of that body or any place on the State House grounds;
(7) school or college athletic event not related to firearms;
(8) school administration building;
(9) secondary or elementary school facility, except for events relating to firearm activities which are authorized by the school administration;
(10) any premises licensed by the Department of Revenue and Taxation for the consumption of alcohol, beer or wine;
(11) place where the carrying of firearms is prohibited by federal law;
(12) church or other established religious sanctuary.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
(M) Valid permits to carry concealed weapons held by residents of and issued by states which honor permits issued in accordance with this section
(N) A permit issued pursuant to this article is not required for persons:
(1) identified in Section 16-23-20;
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as `pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(O) A permit issued pursuant to this article is valid for four years. SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans;
(2) submission of three current one-inch by one-inch full color photographs of the applicant;
(3) the favorable completion of a criminal background check of the applicant by the division; and
(4) complete set of fingerprints. Law enforcement shall assist the individual at no cost.
(P) Within three working days of the issuance of a concealed weapons permit, the permit holder must submit his driver's license to the Department of Revenue and Taxation. The department immediately shall reissue the driver's license with a distinguishing symbol indicating the licensee is authorized to carry a concealed weapon. Any costs associated with the reissuance of the license must be borne by the permit holder."
SECTION __. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) `Use a firearm' means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) `Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(3) `Readily accessible for immediate discharge' means loaded on the person's body or in the person's hand.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(D) This article does not apply to persons lawfully defending themselves or their property.
Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a control substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, the fact is prima facie evidence that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol."
SECTION __. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is amended further to read:
"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.
(B) The license must bear on it a distinguishing symbol determined by the department indicating that the licensee is authorized pursuant to Section 23-31-215 to carry a concealed weapon."
SECTION __. Section 23-31-120 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Allison Baxley Boan Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Easterday Felder Fleming Gamble Hallman Harrell Harvin Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Loftis McCraw McKay McTeer Meacham Quinn Rhoad Rice Richardson Riser Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Canty Lloyd Moody-Lawrence
So, the Bill was read the second time and ordered to third reading.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
H. 5055 -- Reps. Davenport, Mason, J. Hines, Rice, G. Brown, Meacham, Cato, J. Young, Walker, Wofford, McCraw, Klauber,
Ordered for consideration tomorrow.
The SPEAKER granted Reps. SPEARMAN, WALKER, CANTY and RHOAD a leave of absence for the remainder of the day.
The House stood at ease subject to the call of Chair.
At 5:45 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Moore and Ford of the Committee of Conference on the part of the Senate on H. 3915:
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS
Received as information.
Rep. LANFORD moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Howard Lanford Lloyd McTeer Whipper, S.
Those who voted in the negative are:
Allison Baxley Boan Brown, H. Cain Cato
Cooper Cotty Cromer Dantzler Delleney Easterday Felder Gamble Hallman Harrell Harvin Hodges Jennings Kelley Keyserling Kinon Kirsh Knotts Koon Law Limbaugh Loftis McCraw McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to adjourn.
Rep. MEACHAM moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. QUINN moved to rescind Rule 3.9.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Brown, H. Dantzler Delleney Felder Harrell Harvin Hodges Kelley Kinon Kirsh Law Lloyd McCraw McKay McTeer Moody-Lawrence
Quinn Richardson Riser Scott Seithel Sharpe Smith, R. Stille Stuart Waldrop Whatley Whipper, L. Whipper, S. Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Allison Cain Cato Cobb-Hunter Cooper Cotty Cromer Davenport Easterday Gamble Hallman Howard Jennings Koon Lanford Loftis Meacham Rice Robinson Sandifer Shissias Simrill Tripp Trotter Vaughn Walker Wells
So, Rule 3.9 was rescinded.
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