Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 6410, May 12 | Printed Page 6430, May 16 |

Printed Page 6420 . . . . . Thursday, May 12, 1994

Rep. HODGES moved that the House do now adjourn.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. GONZALES moved that the House resolve itself into a Committee of the Whole.

Rep. McLEOD moved to table the motion.

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

Yeas 43; Nays 59

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Boan             Brown, G.        Brown, J.
Byrd             Cobb-Hunter      Cromer
Delleney         Elliott          Harrelson
Harris, J.       Harvin           Harwell
Hines            Hodges           Houck
Jennings         Keyserling       Kinon
Kirsh            Martin           Mattos
McCraw           McKay            McLeod
McTeer           Neilson          Rudnick
Scott            Sheheen          Snow
Spearman         Stone            Tucker
Waites           Wilder, J.       Wilkes
Worley

Total--43

Those who voted in the negative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Canty            Carnell          Cato
Clyborne         Cooper           Corning
Davenport        Fair             Farr
Fulmer           Gamble           Gonzales

Printed Page 6421 . . . . . Thursday, May 12, 1994

Govan            Graham           Hallman
Harrell          Harrison         Haskins
Huff             Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Klauber          Koon             Lanford
Littlejohn       Marchbanks       McMahand
Moody-Lawrence   Neal             Phillips
Quinn            Richardson       Riser
Robinson         Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stuart           Sturkie          Thomas
Trotter          Walker           Wells
Whipper          Wilkins          Wofford
Wright           Young, A.

Total--59

So, the House refused to table the motion.

The question then recurred to the motion to resolve itself into a Committee of the Whole, which was agreed to by a division vote of 55 to 32.

COMMITTEE OF THE WHOLE

The SPEAKER appointed Rep. TUCKER Chairman of the Committee.

THE COMMITTEE RISES

At 7:50 P.M., the Committee arose.

SPEAKER IN CHAIR

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER


Printed Page 6422 . . . . . Thursday, May 12, 1994

AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 5141 -- Reps. Harvin, Askins, Baxley, G. Brown, Canty, Cobb-Hunter, Harrelson, Harwell, Hines, Houck, Inabinett, McKay, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

H. 5208 -- Reps. Townsend, P. Harris, Chamblee, Cooper, Stille and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE W.N. "BILL" CLINKSCALES OF BELTON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5209 -- Rep. Harrell: A CONCURRENT RESOLUTION CONGRATULATING MIDDLETON HIGH SCHOOL OF CHARLESTON ON WINNING THE STATE FINALS OF THE SOUTH CAROLINA BAR'S MOCK TRIAL COMPETITION.


Printed Page 6423 . . . . . Thursday, May 12, 1994

ADJOURNMENT
At 7:50 P.M. the House in accordance with the motion of Rep. TUCKER adjourned in memory of W.N. "Bill" Clinkscales, to meet in Statewide Session at 11:00 A.M. Monday, May 16.

* * *

Printed Page 6424 . . . . . Monday, May 16, 1994

Monday, May 16, 1994
(Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 11:00 A.M.

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

Loving God, a lot of folks find the gift of happiness hard to find, especially on Monday which some refer to as "blue Monday." But help us here and now to see Monday as one more day as a gift from Your good hand to serve, to praise and to witness - all these in response to the joy that You have placed in the human heart. As the challenges are increased by the tasks set before us, in the same measure our needs of Your help and guidance become greater. So give us Your fatherly direction commensurate with our needs this day and every day.

Assist us, Lord, to follow You in all things. 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 Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ROGERS moved that when the House adjourns, it adjourn in memory of B.M. Cave of Walterboro, which was agreed to.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.


Printed Page 6425 . . . . . Monday, May 16, 1994

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1763 Promulgated By Board of Pharmacy, Department of Labor, Licensing, and Regulation Annual License Renewal Fee Received By Speaker May 13, 1994 Referred to House Committee on Medical, Military, Public and Municipal Affairs 120 Day Review Expiration Date April 19, 1995

H. 4283--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. HODGES the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE


Printed Page 6426 . . . . . Monday, May 16, 1994

MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.

H. 4036--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. J. HARRIS the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 4820--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4820
GENERAL APPROPRIATION BILL

Rep. BOAN proposed the following Amendment No. 1A, which was adopted.

Amend back to the House version.

RULE 5.14 WAIVED

Rep. BOAN moved to waive Rule 5.14, which was agreed to by unanimous consent.

The amendment was then adopted.


Printed Page 6427 . . . . . Monday, May 16, 1994

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5211 -- Reps. Scott, J. Brown, Byrd, Neal, Shissias, Cromer, Rogers, Waites, Corning and Harrison: A CONCURRENT RESOLUTION TO COMMEND MR. J. WILLIAM MARTIN OF COLUMBIA FOR HIS EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

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

S. 1410--AMENDED, ADOPTED AND SENT TO THE SENATE

The Senate sent to the House the following:

S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO


Printed Page 6428 . . . . . Monday, May 16, 1994

BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, TO SERVE FOR A ONE-YEAR TERM TO BEGIN FEBRUARY 1, 1995.

Amend title to conform

Be it resolved by the Senate, the House of Representatives, concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 25, 1994, at 12:00 noon to elect an Associate Justice of the South Carolina Supreme Court to fill the unexpired term as an Associate Justice of the Honorable Ernest A. Finney, Jr., upon his election as Chief Justice of the South Carolina Supreme Court, whose term as an Associate Justice expires July 31, 2000, to elect a Family Court judge from the Eighth Judicial Circuit, Seat 1, to fill the unexpired term of the Honorable William J. Craine, Jr., whose term expires June 30, 1995, to elect a Family Court judge from the Eleventh Judicial Circuit, Seat 3, to fill the unexpired term of the Honorable Marc H. Westbrook, whose term expires June 30, 1995, to elect a Family Court judge from the Sixteenth Judicial Circuit, Seat 1, to fill the unexpired term of the Honorable David N. Wilburn, Jr., whose term expires June 30, 1998, to elect a judge of the Administrative Law Judge Division, Seat 4, to serve for a five-year term to begin February 1, 1995, to elect a judge of the Administrative Law Judge Division, Seat 5, to serve for a three-year term to begin February 1, 1995, and to elect a judge of the Administrative Law Judge Division, Seat 6, to serve for a one-year term to begin February 1, 1995.

Be it further resolved that immediately following the election of those judges as stipulated above, the House of Representatives and Senate in the Hall of the House shall elect a member of the Commission on Consumer Affairs to succeed the Honorable Lonnie Randolph, Jr., for a term to expire on June 30, 1996, and a member of the Commission on Consumer Affairs to succeed the Honorable Robert J. Leapord for a term to expire on June 30, 1997. Any incumbent member of the commission is eligible for reelection.

Rep. WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7911SD.94), which was adopted.

Amend the resolution, as and if amended, by adding a new paragraph at the end to read:

/Be it further resolved that immediately following the election of those judges as stipulated above, the House of Representatives and Senate in the Hall of the House shall elect a member of the Commission on Consumer Affairs to succeed the Honorable Lonnie Randolph, Jr., for a term to


Printed Page 6429 . . . . . Monday, May 16, 1994

expire on June 30, 1996, and a member of the Commission on Consumer Affairs to succeed the Honorable Robert J. Leapord for a term to expire on June 30, 1997. Any incumbent member of the commission is eligible for reelection./

Amend title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1412 -- Senators Macaulay and Giese: A CONCURRENT RESOLUTION TO COMMEND ALL OF THOSE WHO ARE INVOLVED IN PROVIDING EMERGENCY MEDICAL SERVICES TO THE CITIZENS IN THIS STATE AND TO REQUEST THE GOVERNOR TO PROCLAIM THE WEEK OF MAY 15-21, 1994, AS EMERGENCY MEDICAL SERVICES WEEK IN SOUTH CAROLINA IN THEIR HONOR.

Whereas, emergency medical services is a vital public service; and

Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

Whereas, only a third of Americans rate their households as being "very well-prepared" for a medical emergency; and

Whereas, emergency medical services providers have traditionally served as the safety net of America's health care system; and

Whereas, the members of emergency medical services teams are ready to provide lifesaving care to those in need twenty-four hours a day, seven days a week; and

Whereas, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and

Whereas, approximately two-thirds of all emergency medical services providers are volunteers; and

Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and


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