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 7500, May 31 | Printed Page 7520, June 1 |

Printed Page 7510 . . . . . Wednesday, June 1, 1994

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Rose, Jackson and Richter of the Committee of Conference on the part of the Senate on S. 506:
S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Leatherman and Ford of the Committee of Free Conference on the part of the Senate on H. 3742 and granted Free Conference Powers:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE


Printed Page 7511 . . . . . Wednesday, June 1, 1994

THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3742:
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Stilwell, McConnell and Passailaigue of the Committee


Printed Page 7512 . . . . . Wednesday, June 1, 1994

of Free Conference on the part of the Senate on H. 4283 and granted Free Conference Powers:
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 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.
Very respectfully,
President

Received as information.


Printed Page 7513 . . . . . Wednesday, June 1, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4283:
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 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.
Very respectfully,
President

Received as information.


Printed Page 7514 . . . . . Wednesday, June 1, 1994

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 7515 . . . . . Wednesday, June 1, 1994

REGULATION RECEIVED

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

Document No. 1772
Promulgated By Department of Transportation
Disqualification and Suspension of SCDOT Contractors
Received By Speaker May 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 7, 1995

REPORT OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.

S. 1430--ORDERED TO THIRD READING

On motion of Rep. GAMBLE with unanimous consent, the following Joint Resolution was taken up for immediate consideration.

S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.

The Joint Resolution was read the second time and ordered to third reading.

S. 1430--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that S. 1430 be read the third time tomorrow.


Printed Page 7516 . . . . . Wednesday, June 1, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5255 -- Reps. Holt, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett and Whipper: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROGER M. YOUNG OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the General Assembly have learned with deep regret that the Honorable Roger M. Young, a member of the House of Representatives from Charleston County representing House District 117, comprised of portions of Charleston and Berkeley Counties, has indicated that it is his intention not to offer for reelection to the House of Representatives; and

Whereas, Roger Young first began his service in the House in 1991, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the State of South Carolina with distinction; and

Whereas, his experience as a practicing lawyer and former municipal court judge has enabled him to be an effective voice on the House Judiciary Committee where he presently serves as well as on the Education and Public Works Committee where he previously served; and

Whereas, he also has been an influential member of the Charleston County and Berkeley County Legislative Delegations. On the Charleston County Legislative Delegation, he serves as its Courts and Rules Committee Chairman and presently as Secretary of the Delegation; and

Whereas, he has played a key role in the development of important legislation dealing with legal and judicial practice and procedure where his advice and counsel is valued and appreciated by his colleagues; and

Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most knowledgeable and likable members at the end of the 1994 session; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Roger Young on behalf of the people of his district, the other citizens of Charleston and Berkeley Counties, and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion


Printed Page 7517 . . . . . Wednesday, June 1, 1994

of his retirement from the South Carolina House of Representatives. Now, therefore,

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

That the members of the General Assembly hereby commend the Honorable Roger M. Young of Charleston for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Roger M. Young.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5256 -- Reps. Holt, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES J. "JIMMY" BAILEY OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the General Assembly have learned with deep regret that the Honorable James J. "Jimmy" Bailey, a member of the House of Representatives from Charleston County representing House District 110, has indicated that it is his intention not to offer for reelection to the House of Representatives; and

Whereas, Jimmy Bailey first began his service in the House in 1989, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the citizens of Charleston County and the State of South Carolina with distinction; and

Whereas, his experience in the private sector as a real estate developer and investor enabled him to be an effective voice on the Labor, Commerce and Industry Committee where he presently serves as well as on the Medical, Military, Public and Municipal Affairs Committee where he previously served; and

Whereas, he also has been an influential member of the Charleston County Legislative Delegation serving as its Reassessment Committee


Printed Page 7518 . . . . . Wednesday, June 1, 1994

Chairman from 1992-94, Chairman of the County Council Liaison Committee from 1989-92; and as Treasurer of the Delegation from 1992 to the present; and

Whereas, Jimmy Bailey, while serving as Chairman of the Reassessment Committee, worked tirelessly in an effort to bring about property tax relief for the citizens of South Carolina. Also, while serving as Chairman of the Wildlife and Environmental Committee of the delegation, he conducted a public forum to help bring about agreement between the mariculture industry and citizens of the lowcountry area in order to preserve and protect the natural coastal environment; and

Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most personable members at the end of the 1994 session; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Jimmy Bailey on behalf of the people of his district and the people of Charleston County and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,

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

That the members of the General Assembly hereby commend the Honorable James J. "Jimmy" Bailey of Charleston for his exemplary service as a member of the South Carolina House of Representatives upon the occasion of his retirement from the House and wish him the very best in all his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable James J. "Jimmy" Bailey.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5257 -- Reps. Holt, J. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT A. BARBER, JR., OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION


Printed Page 7519 . . . . . Wednesday, June 1, 1994

OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the General Assembly have learned with deep regret that the Honorable Robert A. Barber, Jr., a member of the House of Representatives from Charleston County representing House District 115, has indicated that it is his intention not to offer for reelection to the House of Representatives in order to seek election to Congress; and

Whereas, Robert Barber first began his service in the House in 1989, and during his tenure as a member of the General Assembly he has represented the citizens of his district and the citizens of Charleston County and the State of South Carolina with distinction; and

Whereas, his experience as a lawyer and as a businessman has enabled him to be an effective voice on the Ways and Means Committee where he presently serves as well as on the Judiciary Committee where he previously served; and

Whereas, he has also been instrumental in helping to develop a sound energy policy for South Carolina and presently serves on the Southern States Energy Board Executive Committee, the Energy Committee of the National Conference of State Legislatures, and as Chairman of the Joint Legislative Committee on Energy; and

Whereas, he also has been an influential member of the Charleston County Legislative Delegation serving as its Roads and Bridges Chairman from 1989-94, Chairman of the Budget Review Committee from 1991-94; and currently as the Delegation's Legislative Liaison to the Charleston County School Board; and

Whereas, Robert Barber, while serving as Chairman of the Roads and Bridges Committee, diligently worked to resolve transportation problems in Charleston County, and his efforts have benefited those living in the county through improved roads, bridges, and drainage; and

Whereas, he is also widely known in Charleston as the proprietor of the unique and charming Bowens Island Restaurant near Folly Beach, and it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most delightful members at the end of the 1994 session; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Robert Barber on behalf of the people of his district and the people of Charleston County and the State of South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State upon the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,


| Printed Page 7500, May 31 | Printed Page 7520, June 1 |

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