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| Printed Page 280, Jan. 23
| 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
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.
Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
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.
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
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.
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
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.
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.
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
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.
The motion period was dispensed with on motion of Rep. SHEHEEN.
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.
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.
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:
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
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
So, the Bill, as amended, was read the second time and 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:
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
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
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:
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
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
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.
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