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Printed Page 2900, May 21
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| "(A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player other of more than at least the face value of each card sold to play bingo."
E. Subsection A of this section takes effect upon approval by the Governor. The remaining subsections take effect October 1, 1997. /
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
On motion of Senator GREGORY, S. 1416 was ordered to receive a third reading on Wednesday, May 22, 1996.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (PFM\9426DW.96):
Amend the report of the Committee on Education, as and if amended, SECTION 1, Section 59-19-25(A)(1), page 3584-1, line 27, by striking /1996/ and inserting /1998 or in 1999, as the district may choose/.
Renumber sections to conform.
Amend totals and title to conform.
Senator BRYAN explained the amendment.
Senator WILSON objected to further consideration of the Bill.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Having voted on the prevailing side, Senator GREGORY asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave second reading to the Bill and ordered it read the third time Wednesday, May 22, 1996.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Amend the bill, as and if amended, on page 5, line 1 by adding a new SECTION to read:
/SECTION __. Amend Title 59, Chapter 65 of the 1976 Code by adding a new section to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."/.
Renumber SECTIONS to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEVENTIS moved that a call of the Senate be made.
Senator LAND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Land Matthews Patterson Washington
Alexander Courtney Fair Giese Hayes Holland Lander Leatherman Leventis Martin McConnell Mescher Moore Passailaigue Peeler Richter Rose Russell Setzler Short Smith, G. Waldrep Wilson
The Senate refused to adjourn.
A quorum being present, the Senate resumed.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LAND argued contra to the Bill.
At 7:04 P.M., Senator LEVENTIS moved under Rule 15A to set a time certain of 10:00 P.M., on Tuesday, May 21, 1996, to vote on the entire matter of H. 3730.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Leatherman Leventis Martin McConnell Mescher Setzler
Thomas Wilson
Alexander Boan Bryan Cork Courson Courtney Drummond Ford Glover Hayes Holland Hutto Jackson Land Lander Matthews McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
Having failed to received the necessary vote, the motion failed.
Senator LAND continued speaking on the Bill.
At 7:25 P.M., Senator COURTNEY assumed the Chair.
Senators BRYAN, HOLLAND, WILSON, FORD, GLOVER and ALEXANDER proposed the following Amendment No. 2 (JUD3730.044), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings premises or property.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms `premises' and `property' do not include state or locally owned or maintained roads, streets, or rights-of-way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic."/
Amend the bill committee report further, as and if amended, page [3730-6], line 20, in Section 23-31-215(M)(8), as contained in SECTION 1, by striking item (8) in its entirety.
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."/
Renumber items to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senators MOORE, WILSON, LAND, RYBERG, J. VERNE SMITH and ROSE proposed the following Amendment No. 9C (JUD3730.060), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1)./
Renumber remaining sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 18 (JUD3730.070), which was adopted:
Amend the amendment, as and if amended, by striking the amendment in its entirety and inserting therein the following:
/Amend the committee report, as and if amended, page [3730-3], line 40, in Section 23-31-215(B), as contained in SECTION 1, by inserting after /applicant./ the following:
/This background check must include notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determation whether or not to issue
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 20 (JUD3730.040), which was adopted:
Amend the committee report, as and if amended, page [3730-6], beginning on line 16, in Section 23-31-215(M), as contained in SECTION 1, by striking item (6) in its entirety.
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320. It shall be is unlawful for any a person or group of persons to, upon the capitol grounds, within the capitol building, or at a meeting of the General Assembly, the Senate, House of Representatives, or committee or subcommittee of one of these bodies: (a) to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm, a dangerous weapon, explosive, or incendiary device; (b) to discharge any a firearm or explosive or to use any a dangerous weapon or to ignite any an incendiary device upon the capitol grounds or within the capitol building; or (c) to transport by any means upon the capitol grounds or within the capitol building any an explosive or incendiary device."/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
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