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

Page Finder Index

| Printed Page 2080, Mar. 28 | Printed Page 2100, Mar. 29 |

Printed Page 2090 . . . . . Wednesday, March 29, 1995

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3241 -- Rep. McElveen: A BILL TO AMEND SECTION 20-7-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION OF CONSENTS AND RELINQUISHMENTS FOR THE PURPOSE OF ADOPTION, SO AS TO ADD A JUDGE ADVOCATE AS A PERSON AUTHORIZED TO WITNESS THE CONSENT OR RELINQUISHMENT.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3426 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE RECORD WHICH MUST BE KEPT REGARDING THE CASES AND HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Simrill,


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Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN


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MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. TUCKER, for the minority, submitted an unfavorable report, on:

H. 3237 -- Reps. Jennings and Baxley: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES


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BEING ASSIGNED BY THE CHIEF JUSTICE TO PRESIDE IN CERTAIN COURTS, SO AS TO PROVIDE THAT NO FURTHER SCREENING OF ANY JUDGE, RATHER THAN JUST JUDGES OF THE SUPREME COURT AND COURT OF APPEALS BEING ASSIGNED TO SIT ON SUCH COURTS, IS REQUIRED UNTIL THE TERM OF THAT JUDGE WOULD HAVE EXPIRED IF HE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3890 -- Rep. Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA'S INTERNATIONAL


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BUSINESS PROGRAM ON BEING RANKED THE NATION'S BEST BUSINESS PROGRAM FOR THE PAST SIX YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3891 -- Reps. Vaughn, Jaskwhich, Huff, Quinn, Marchbanks, Herdklotz, Carnell, Cato, Klauber, A. Young, Tripp, Fulmer, Fleming, Kelley, Witherspoon, Stoddard, Harrison, Wofford and Fair: A CONCURRENT RESOLUTION ESTABLISHING A JOINT LEGISLATIVE AD HOC COMMITTEE TO STUDY AND DEVELOP A PLAN FOR THE IMPLEMENTATION OF A VOUCHER SYSTEM FOR THE FINANCING OF PUBLIC EDUCATION IN SOUTH CAROLINA.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

HOUSE RESOLUTION

The following was introduced:

H. 3892 -- Rep. Rogers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WUSC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO THE UNIVERSITY OF SOUTH CAROLINA AND TO THE COLUMBIA AREA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3893 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WUSC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO THE UNIVERSITY OF SOUTH CAROLINA AND TO THE COLUMBIA AREA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 2095 . . . . . Wednesday, March 29, 1995

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3894 -- Reps. McCraw, Meacham, Kirsh, Simrill and Delleney: A BILL TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES USED TO MANUFACTURE SUCH DEVICES TO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS.

Referred to Committee on Ways and Means.

H. 3895 -- Reps. Meacham, Quinn, A. Young, Cromer, Cotty, Mason, Cain, Carnell, Bailey, Wright, Hutson, Whatley, Seithel, Herdklotz, McAbee, Littlejohn, Easterday, Simrill, Kirsh, Jaskwhich, Limehouse, Kelley, Waldrop, Fleming, Trotter, Kinon, McCraw, Robinson, Koon, Walker, Stuart, Phillips, Haskins, Knotts, Davenport, Vaughn, Witherspoon, Dantzler, Marchbanks, Townsend, Rogers, Wofford, Harvin, Klauber, Harrison and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-132 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO ESTABLISH AND OPERATE AN INMATE HIGHWAY MAINTENANCE ROAD CREW PROGRAM.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.


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H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3899 -- Rep. Tucker: A BILL TO AMEND SECTION 56-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT AGENCY MOTOR VEHICLE OR MOTORCYCLE, SO AS TO PROVIDE THAT INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A LAW ENFORCEMENT MOTOR VEHICLE OR MOTORCYCLE MUST BE INVESTIGATED BY ANOTHER AGENCY WHEN INJURY OR DEATH OCCURS OR INVOLVES A PRIVATELY-OWNED MOTOR VEHICLE OR MOTORCYCLE.

Referred to Committee on Education and Public Works.

H. 3900 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

Referred to Committee on Judiciary.

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart,


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Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Referred to Committee on Ways and Means.

H. 3904 -- Reps. Hallman, Cobb-Hunter, Herdklotz, Seithel, A. Young, Whatley, Vaughn, Haskins, Simrill, Cato, Wilkins, Mason, Wright, Fulmer, Sheheen, McCraw, Limehouse, Knotts, Quinn, D. Smith, Huff, Harrison, Phillips, Kinon, Delleney, Easterday, Fair, Marchbanks, Keyserling, Harrell and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

Referred to Committee on Ways and Means.

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Referred to Committee on Judiciary.

S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

Referred to Committee on Education and Public Works.

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN


Printed Page 2098 . . . . . Wednesday, March 29, 1995

COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Referred to Committee on Ways and Means.

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Referred to Committee on Education and Public Works.

S. 600 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:

H. 3902 -- Reps. Spearman, Clyburn and McAbee: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SALUDA HIGH MARCHING TIGER BAND, AA STATE CHAMPIONS FOR 1994, AND THE BAND'S DIRECTORS AND PRINCIPAL ON THURSDAY, APRIL 6, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE AA STATE MARCHING BAND CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the Saluda High Marching Tiger Band and the band's directors and principal be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday,


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April 6, 1995, for the purpose of being recognized on winning the 1994 AA State Marching Band Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3903 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SALUDA HIGH MARCHING TIGER BAND UPON WINNING THE 1994 AA STATE MARCHING BAND CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Brown, T.        Byrd
Canty            Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Haskins          Herdklotz        Hines
Hodges           Howard           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Lloyd            Marchbanks
Mason            McAbee           McCraw


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McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkins
Williams         Witherspoon      Wofford
Wright           Young, A.        Young, J.

| Printed Page 2080, Mar. 28 | Printed Page 2100, Mar. 29 |

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