South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

TUESDAY, JANUARY 23, 1996

Tuesday, January 23, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Another week, another opportunity to serve! We are grateful, Lord, that the same God Who blessed us last week and all the days of our lives is here to be our Guide and Companion. Give us faith to believe, knowing that faith is the eye to see God, the hand to cling to Him and a receiving will to apply Him in all that we do. So with our hands in Yours, cause us to move forward confident in the knowledge that life is not a problem to be solved, but a gift to be enjoyed. Inspire us to do all that we can and trust God to do what we cannot.

And to You, O Lord, we give our praise and thanksgiving. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FLEMING moved that when the House adjourns, it adjourn in memory of former Rep. James Morris Arthur of Union, which was agreed to.

REPORT RECEIVED
REPORT BY CLERK OF THE HOUSE OF SALE OF 1995
SOUTH CAROLINA LEGISLATIVE MANUAL

In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:

Cash on Hand     $ 10.00

Total number of Manuals sold

from May 24, 1995, to January 17,

1996, 2,904 @ $5.00 each.     14,520.00

Total     $14,530.00

Accounting:

Cash on Hand     $ 10.00

Cash Deposited in State's

General Fund     14,520.00

Total     $14,530.00

Sandra K. McKinney
Clerk of the House
January 17, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 18, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 879:
S. 879 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

INTRODUCTION OF BILLS

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

H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

Referred to Committee on Education and Public Works.

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 4479 -- Reps. Vaughn, Seithel, J. Brown, Hutson, Hallman, Allison, Koon, Cotty, Fleming, Rhoad, Robinson, Fulmer, Cain, Kelley, Meacham, Spearman, Young-Brickell, Cato, Klauber, Quinn, Stuart, Whatley, Limbaugh, M. Hines, Chamblee, Byrd, Rice, P. Harris, Knotts, Walker, Cooper, Sharpe, Littlejohn, Simrill, Witherspoon, Waldrop, R. Smith, Wells, Riser, Gamble, Townsend, Cromer, Dantzler, Stille, Baxley, Trotter, J. Young, Wofford, Rogers, Thomas, Easterday, Mason, Elliott, Haskins, Tripp, Keegan and Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION OR REFERENDUM AND PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.

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

H. 4481 -- Reps. Lee, Allison, Wells, Walker and Littlejohn: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 75 SO AS TO PROVIDE FOR THE ISSUANCE OF GIRL SCOUT LICENSE PLATES.

Referred to Committee on Education and Public Works.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4482 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1995 CLASS AAAA, DIVISION 1 STATE FOOTBALL CROWN.

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

HOUSE RESOLUTION

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

H. 4483 -- Rep. D. Smith: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SPARTANBURG HIGH SCHOOL FOOTBALL TEAM, COACHES, SUPPORT STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THE TEAM'S ACCOMPLISHMENTS, INCLUDING ITS CAPTURING OF THE 1995 CLASS AAAA, DIVISION 1 STATE TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Spartanburg High School football team, coaches, support staff, and school officials, on a date and at a time to be determined by the Speaker, for the purpose of recognizing the team's accomplishments, including its capturing of the 1995 Class AAAA, Division 1 state title.

The Resolution was adopted.

ROLL CALL

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

Allison                Anderson               Bailey
Boan                   Breeland               Brown, H.
Brown, T.              Cain                   Cato
Cave                   Cobb-Hunter            Cooper
Cromer                 Dantzler               Delleney
Easterday              Felder                 Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines, J.              Hodges                 Howard
Hutson                 Inabinett              Keegan
Kelley                 Keyserling             Kirsh
Klauber                Knotts                 Koon
Lanford                Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Marchbanks             Mason                  McCraw
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 23.

Becky Meacham                     William Clyburn
Olin R. Phillips                  Kenneth Kennedy
Harry R. Askins                   Michael F. Jaskwhich
June S. Shissias                  Larry L. Elliott
James N. Law                      G. Ralph Davenport, Jr.
Timothy C. Wilkes                 Marion P. Carnell
Eugene C. Stoddard                William F. Cotty
J. Gary Simrill                   Ronald N. Fleming
Joe E. Brown                      Joseph T. McElveen, Jr.
Alma W. Byrd                      C. Alex Harvin III
Marion H. Kinon                   Douglas Jennings, Jr.
L. Morgan Martin                  Timothy F. Rogers
Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the day.

The SPEAKER granted Rep. McABEE a leave of absence for the day due to county business in Washington.

The SPEAKER granted Rep. BAXLEY a leave of absence for the week due to personal illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4455 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE EDGEMOOR PRECINCT FROM THE OLD EDGEMOOR SCHOOLHOUSE TO THE EDGEMOOR COMMUNITY PARK.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

H. 4471--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Joint Resolution until Wednesday, February 14, which was adopted.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

H. 4474--POINT OF ORDER

The following Bill was taken up.

H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

POINT OF ORDER

Rep. CAVE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3225--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Rep. HARRISON explained the Senate amendments.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

H. 4237--RECOMMITTED

The following Concurrent Resolution was taken up.

H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.

Rep. SCOTT moved to recommit the Concurrent Resolution to the Committee on Education and Public Works, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHEHEEN.

S. 654--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 11, by Rep. KEYSERLING.

Rep. KEYSERLING moved to table the amendment, which was agreed to.

Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3466HTC.96), which was adopted.

Amend the bill, as and if amended, Section 61-5-185, as contained in SECTION 1, page 1, line 30, by striking /subsection (B)/ and inserting:

/subsection (B) and (C)/.

Amend further as and if amended, Section 61-5-185, as contained in SECTION 1, page 2, by striking the quotation mark on line 28 and inserting immediately after line 28:

/(C)     The requirements of subsections (B)(1) and (2) do not apply if the applicant is an organization or business that is located east of the intracoastal waterway in a county in which the permits allowed pursuant to Section 61-5-180 may be obtained in a municipality in the county and there has been in a fiscal year collected in the county accommodations tax revenue in excess of three million dollars. All other provisions of this section apply with respect to an applicant qualifying under this subsection."/

Reletter subsections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. THOMAS spoke in favor of the amendment.

Rep. HASKINS moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 20 to 40.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. HASKINS spoke against the Bill and moved to table the Bill.

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The House refused to table the Bill by a division vote of 21 to 52.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 61; Nays 42

Those who voted in the affirmative are:

Askins                 Bailey                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Cromer
Dantzler               Elliott                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harvin                 Hines, J.
Hodges                 Howard                 Hutson
Inabinett              Keegan                 Kelley
Kennedy                Keyserling             Kinon
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Lloyd                  Martin
Mason                  McKay                  McTeer
Neilson                Rhoad                  Riser
Scott                  Seithel                Smith, D.
Spearman               Stuart                 Thomas
Whatley                Whipper, L.            Whipper, S.
White                  Wilkes                 Wilkins
Williams               Witherspoon            Wright
Young

Total--61

Those who voted in the negative are:

Allison                Anderson               Brown, H.
Cato                   Chamblee               Cooper
Cotty                  Davenport              Delleney
Easterday              Fleming                Govan
Haskins                Herdklotz              Jaskwhich
Kirsh                  Klauber                Littlejohn
Marchbanks             McElveen               McMahand
Meacham                Moody-Lawrence         Neal
Phillips               Quinn                  Rice
Richardson             Robinson               Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Waldrop                Walker

Total--42

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4033--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

Rep. WITHERSPOON explained the Bill.

Rep. SPEARMAN spoke against the Bill.

Rep. WITHERSPOON spoke in favor of the Bill.

Rep. SPEARMAN moved to table the Bill.

Rep. WITHERSPOON demanded the yeas and nays, which were taken resulting as follows:

Yeas 26; Nays 81

Those who voted in the affirmative are:

Allison                Askins                 Carnell
Cooper                 Cotty                  Harris, J.
Keegan                 Kinon                  Klauber
Law                    Lee                    Littlejohn
Martin                 Neilson                Shissias
Spearman               Stille                 Stoddard
Thomas                 Townsend               Trotter
Waldrop                Walker                 Wells
Wilder                 Williams

Total--26

Those who voted in the negative are:

Anderson               Bailey                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cromer                 Dantzler               Delleney
Easterday              Elliott                Fleming
Gamble                 Govan                  Hallman
Harrell                Harrison               Harvin
Haskins                Herdklotz              Hines, J.
Howard                 Hutson                 Inabinett
Jaskwhich              Kelley                 Kennedy
Keyserling             Kirsh                  Knotts
Koon                   Lanford                Limehouse
Lloyd                  Marchbanks             Mason
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, R.              Stuart                 Tripp
Vaughn                 Whatley                Whipper, L.
Whipper, S.            White                  Wilkes
Wilkins                Witherspoon            Wofford
Wright                 Young                  Young-Brickell

Total--81

So, the House refused to table the Bill.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 80; Nays 20

Those who voted in the affirmative are:

Anderson               Bailey                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Cain                   Cato                   Cave
Chamblee               Cobb-Hunter            Cromer
Dantzler               Delleney               Easterday
Elliott                Gamble                 Govan
Hallman                Harrell                Harvin
Haskins                Herdklotz              Hines, J.
Hodges                 Howard                 Hutson
Inabinett              Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Koon                   Lanford                Lee
Limehouse              Lloyd                  Marchbanks
Mason                  McCraw                 McElveen
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, R.              Stuart
Tripp                  Trotter                Vaughn
Whatley                Whipper, L.            Whipper, S.
White                  Wilkes                 Wilkins
Williams               Witherspoon            Wright
Young                  Young-Brickell

Total--80

Those who voted in the negative are:

Allison                Askins                 Carnell
Cooper                 Cotty                  Fleming
Harris, J.             Keegan                 Klauber
Law                    Neilson                Shissias
Spearman               Stille                 Stoddard
Thomas                 Townsend               Waldrop
Wells                  Wilder

Total--20

So, the Bill was read the second time and ordered to third reading.

Rep. SIMRILL moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. FLEMING adjourned in memory of former Rep. James Morris Arthur of Union, to meet at 2:00 P.M. tomorrow.

* * *

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