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 7520 . . . . . Wednesday, June 1, 1994
Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby 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 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 Robert A. Barber, Jr.

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

HOUSE RESOLUTION

The following was introduced:

H. 5258 -- Reps. Kelley, A. Young, Keegan, Simrill, Shissias, Fulmer, Kennedy, Thomas, Sharpe, Witherspoon, Littlejohn, Harrison, Riser, Corning, Wells, Baxley, McAbee, Carnell, McKay, G. Bailey, Stille, Barber, Worley, Richardson, Walker, Stone, J. Harris, Stuart, Delleney, Lanford, Meacham, D. Smith, Huff and Fair: A HOUSE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5259 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HAROLD D. MCLAMB, COUNTY EXTENSION AGENT WITH THE CLEMSON UNIVERSITY EXTENSION SERVICE IN LEE COUNTY, UPON HIS RETIREMENT AFTER TWENTY-FOUR YEARS OF STATE SERVICE, FOURTEEN OF WHICH HAVE BEEN AS COUNTY EXTENSION DIRECTOR IN LEE COUNTY.

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

Printed Page 7521 . . . . . Wednesday, June 1, 1994
HOUSE RESOLUTION

The following was introduced:

H. 5260 -- Rep. Rhoad: A HOUSE RESOLUTION TO RECOGNIZE REPRESENTATIVE JOSEPH B. WILDER FOR HIS SERVICE IN THE HOUSE OF REPRESENTATIVES REPRESENTING DISTRICT 91 WITH INTEGRITY, HONOR, AND DISTINCTION, TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR REPRESENTATIVE WILDER'S LEADERSHIP AND ESPECIALLY FOR CHAMPIONING THE RIGHTS OF SOUTH CAROLINA'S DISABLED CITIZENS, AND TO WISH HIM ALL THE BEST AS HE BRINGS HIS SERVICE IN THE HOUSE OF REPRESENTATIVES TO A CLOSE.

Whereas, Representative Joseph B. Wilder has represented Barnwell and Allendale Counties in District 91 since 1987, when he succeeded the late Speaker Sol Blatt, Sr.; and

Whereas, Representative Wilder began his career in 1956 when he was appointed to the Aeronautics Commission, serving thirty years, six of them as chairman; and

Whereas, he has also served as Vice Chairman of the Advisory Commission on Intergovernmental Relations for eight years; and

Whereas, Representative Wilder owned and operated Radio WBAW, Inc. from 1953 to 1993, receiving many awards for community service; and

Whereas, he served as President of the State Broadcasters Association and also was elected to their Hall of Fame; and

Whereas, he was a founder of the Lower Savannah Council of Governments and has represented Barnwell County on its Board of Directors since 1968, serving a term as president of the state association; and

Whereas, in the South Carolina General Assembly, Representative Wilder has served on the Judiciary Committee, chairing the Subcommittee on Election Laws and served as a member of the House Operations and Management Committee; and

Whereas, Representative Wilder is known across the State as an outspoken advocate for people with disabilities seeking to bring awareness and sensitivity to the needs of persons with disabilities; and

Whereas, during his ouststanding leadership as Chairman of the Joint Legislative Committee for People with Disabilities, he established a Head Spinal Cord Injury Task Force which resulted in legislation developing a Registry, and services for persons with head and spinal cord injuries; and

Printed Page 7522 . . . . . Wednesday, June 1, 1994
Whereas, he was instrumental in leading his committee in passage of the Early Intervention Bill for Preschool Children, the Braille Bill, and in 1992 updated the state's handicapped parking laws; and

Whereas, he served as the state's representative on the National Council of State Legislators' Development Disabilities Council; and

Whereas, in 1993, he received Legislator of the Year awards from the State Federation of the Blind, and the Self-Help for Hard of Hearing, and House of Representatives Legislator of the Year from the American Legion and from the State Association of Regional Council of Government; and

Whereas, Representative Wilder has been described by his colleagues as a "man who is kind-hearted and a person of integrity" and has served in the General Assembly with honor and distinction; and

Whereas, as Representative Wilder brings his legislative career to a close upon the completion of his fourth term in the House of Representatives, he will be deeply missed by his colleagues, constituents, and the thousands of disabled citizens whose lives he has enriched and improved. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, hereby recognize Representative Joseph B. Wilder for his service in the House of Representatives representing District 91 with integrity, honor, and distinction, to express the appreciation of the members of the House of Representatives for Representative Wilder's leadership and especially for championing the rights of South Carolina's disabled citizens, and to wish him all the best as he brings his service in the House of Representatives to a close.

Be it further resolved that a copy of this resolution be forwarded to Representative Joseph B. Wilder.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5261 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR FRANKLIN E. WARD OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES AIR FORCE.

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

Printed Page 7523 . . . . . Wednesday, June 1, 1994
CONCURRENT RESOLUTION

The following was introduced:

H. 5262 -- Reps. Carnell, Stoddard and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. CHARLES H. CHADWELL, PIEDMONT REGIONAL DIRECTOR FOR THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, FOR HIS UNSELFISH DEDICATION TO ENRICHING THE LIVES OF SOUTH CAROLINIANS WITH DISABILITIES UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5263 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LINDSEY O. GRAHAM OF OCONEE COUNTY 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 Lindsey Graham, a member of the House of Representatives from Oconee County representing House District 2, has indicated that it is his intention not to offer for reelection to the House of Representatives; and

Whereas, Lindsey Graham first began his service in the House in l993, 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 member of the South Carolina Air National Guard has enabled him to be an effective voice on the House Judiciary Committee where he presently serves; and

Whereas, he also has been an influential member of the Rotary Club, Optimist Club, American Legion, and American Cancer Society; and

Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its young and likable members at the end of the l994 session; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Lindsey O. Graham on behalf of the people

Printed Page 7524 . . . . . Wednesday, June 1, 1994
of his district 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 Lindsey O. Graham of Seneca 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 Lindsey O. Graham.

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.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Baxley
Beatty           Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Cooper           Corning
Cromer           Davenport        Delleney
Fair             Farr             Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Haskins
Hines            Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Lanford          Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Printed Page 7525 . . . . . Wednesday, June 1, 1994
Moody-Lawrence   Neal             Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Stille
Stoddard         Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday,
June 1.
Molly M. Spearman        Charles H. "Charlie" Stone
James N. Law             Harry R. Askins
E. B. McLeod, Jr.        Denny W. Neilson
H. Howell Clyborne, Jr.  C. Lenoir Sturkie
Larry L. Elliott         Larry L. Koon
Charles R. Sharpe        Joseph T. McElveen, Jr.
Gilda Cobb-Hunter        William D. Boan
Harry M. Hallman, Jr.    C. Alex Harvin, III

Total Present--124

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 31.

H. 3742--FREE CONFERENCE POWERS REJECTED

Rep. G. BAILEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody- Lawrence, Byrd, Shissias, Davenport, Cooper,

Printed Page 7526 . . . . . Wednesday, June 1, 1994
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.

The yeas and nays were taken resulting as follows:

Yeas 73; Nays 32

Those who voted in the affirmative are: 

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Bailey, G.       Baker
Brown, G.        Brown, H.        Canty
Carnell          Cato             Chamblee
Clyborne         Cooper           Cromer
Felder           Fulmer           Gamble
Graham           Harrelson        Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hodges           Holt
Houck            Huff             Jennings
Keegan           Kelley           Keyserling
Kinon            Littlejohn       Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Sharpe
Sheheen          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stuart           Townsend
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Printed Page 7527 . . . . . Wednesday, June 1, 1994
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Wofford          Wright
Young, A.

Total--73

Those who voted in the negative are: 

Anderson         Bailey, J.       Barber
Beatty           Breeland         Brown, J.
Byrd             Corning          Davenport
Delleney         Fair             Farr
Govan            Hines            Jaskwhich
Kirsh            Klauber          Koon
Marchbanks       Meacham          Moody-Lawrence
Neal             Scott            Shissias
Simrill          Stone            Thomas
Whipper          White            Williams
Witherspoon      Worley

Total--32

So, having failed to receive the necessary two-thirds vote, Free Conference Powers were rejected.

H. 4283--FREE CONFERENCE POWERS GRANTED

Rep. WILKES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

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

Printed Page 7528 . . . . . Wednesday, June 1, 1994
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.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 4

Those who voted in the affirmative are: 

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, J.
Baker            Barber           Brown, G.
Brown, H.        Brown, J.        Byrd
Carnell          Cato             Chamblee
Corning          Cromer           Delleney
Farr             Felder           Fulmer
Gamble           Gonzales         Graham
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Keyserling       Kinon
Kirsh            Klauber          Lanford
Law              Littlejohn       Marchbanks
McAbee           McCraw           McLeod
McMahand         McTeer           Meacham
Printed Page 7529 . . . . . Wednesday, June 1, 1994
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stuart
Thomas           Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Whipper          Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wright
Young, A.

Total--91

Those who voted in the negative are: 

Baxley           Beatty           Davenport
Koon

Total--4

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKES, CROMER and BARBER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 4283--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
The General Assembly, Columbia, South Carolina, May 31, 1994

The COMMITTEE OF FREE CONFERENCE, to whom was referred: 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

Printed Page 7530 . . . . . Wednesday, June 1, 1994
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. Beg leave to report that they have duly and carefully considered the same and recommend:

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