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

Page Finder Index
| Printed Page 3980, Apr. 5 | Printed Page 4000, Apr. 5 |
Printed Page 3990 . . . . . Tuesday, April 5, 1994
THE CHAIRMAN: Thank you, Senator. Thank you, Mr. Mood.
A. Thank you very much.
THE CHAIRMAN: Our next candidate is William F. Sachs. Mr. Sachs, raise your hand please.
WILLIAM F. SACHS, having been duly sworn, testified as follows:
THE CHAIRMAN: Considering your present occupation or other activities, will you be able to attend board meetings on a regular basis?
A. I will.
THE CHAIRMAN: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
A. No, I don't.
THE CHAIRMAN: Do you now hold any public office of honor or trust that if elected to the board would violate the Dual Office Holding Clause of the Constitution?
A. No, sir.
THE CHAIRMAN: Gentlemen? Senator Giese.
SENATOR GIESE: Mr. Chairman.
EXAMINATION BY SENATOR GIESE:
Q. I've always been -- I've always appreciated the great loyalty that Citadel graduates have for the Citadel and their real camaraderie and the way they stick together, especially in this problem that is facing them right now.

But, Mr. Sachs, what role have you played in, let's say, leadership roles that you think suit you for the position you're seeking with the Citadel?
A. This past year, or year 1993, I served as president of the Association of Citadel Men being elected by the 16,000 members of that association. I served on the Board of Visitors for the past year in an ex officio capacity by invitation from the board.

I'm presently president elect of Brigadier Club, so I've been very active in most of the activities at the Citadel and served on the Chapel Committee and honorary member of the Citadel Development Foundation.

I owe the Citadel a lot. I went there as a dyslexic student in 1947. I would not have graduated from college if it hadn't been for the Citadel and the help that I was given there. Over the years, I've tried to -- to share my financial success and time with the Citadel and help it. And I'm very concerned about its problem now and do support single gender education.

Printed Page 3991 . . . . . Tuesday, April 5, 1994
Q. Could you tell me what the Brigadier Club is? That's an awful thing --
A. That's the athletic -- athletic -- similar to the Gamecock Club.
Q. Gamecock Club. And the BAM Club, the Buck a Month Club at Clemson?
A. That's correct.
Q. Is it not a Buck a Month anymore?

(Off the record)
A. We support the Citadel football team that comes up here to Carolina stadium.
Q. Thank you very much.
SENATOR GIESE: It's interesting, Members of the Committee, how it seems once you get into the leadership position that they -- everyone here has really been leaders.
THE CHAIRMAN: Correct. We're indeed lucky to have such outstanding candidates.
SENATOR MACAULAY: Mr. --
THE CHAIRMAN: Yes, sir.
EXAMINATION BY SENATOR MACAULAY:
Q. Mr. Sachs, I think you've heard my other questions and I think you've already responded to the question about why would anybody want to step into the situation that's existing there and I think you've given a very clear response. Thank you.
A. Thank you.
Q. Unless you have something else you'd like to add?
A. Nothing.
Q. Thank you.
THE CHAIRMAN: Any other questions?
SENATOR MACAULAY: No. That's all. Thank you.
THE CHAIRMAN: Thank you, sir. That concludes our candidates.
SENATOR MACAULAY: Mr. Chairman, I understand although I was late getting here that one candidate who is unopposed for the South Carolina State University, Third Congressional District Seat who is an incumbent, Charles Cleveland Lewis, Sr. was unable to be here due to a medical emergency.

As I understand as the son of a dentist, it was an abscess tooth and I can assure you that's a medical emergency. He had to have work done this morning that he couldn't be here. Inasmuch as he is unopposed and rather have him make another trip for the -- to make arrangements for another trip, I would move that he be accorded the same as other unopposed

Printed Page 3992 . . . . . Tuesday, April 5, 1994
candidates, that is that he be considered along with the others without having to appear.
SENATOR WILSON: Second.
THE CHAIRMAN: Motion made and seconded. Motion by Senator Macaulay, seconded by Senator Wilson. All in favor say aye, opposed no. The ayes have it.

We have one other candidate who appeared -- we had told the lady last week that we would probably be at least after 10:00 o'clock and she arrived at a little before 10:00 and we had already adjourned and completed. That was Ms. Estelle Mauldin of Greenwood who is a sitting member on the Lander University Board and is unopposed and, of course, I asked the lady a few questions and I would like to make a similar motion about her.
SENATOR MACAULAY: I'll make that motion.
THE CHAIRMAN: Senator Macaulay makes a motion. Seconded by Senator Wilson. All in favor say aye, opposed no. The ayes have it.

Nothing further, gentlemen, why --
SENATOR WILSON: Mr. Chairman, inquiry. When would the General Assembly be voting on these positions?
THE CHAIRMAN: We have a tentative schedule. I'll have to do some checking, so either the 13th or the 20th and we would shortly introduce a resolution to that effect.

If that's -- since we have no further candidates and all candidates have appeared or been taken care of --
SENATOR MACAULAY: Mr. Chairman, I would move at this time that the candidates who filed and completed their filings, and I understand all of their filings are in order at this time --
THE CHAIRMAN: Right.
SENATOR MACAULAY: -- that they be found qualified to offer for the positions that they seek.
SENATOR WILSON: Second.
THE CHAIRMAN: Motion made by Senator Macaulay, seconded by Senator Wilson that we find all the candidates who have applied and qualified, as being qualified to serve. All in favor say aye, opposed, no. The ayes have it.

The Chair entertains a motion to adjourn.
SENATOR WILSON: So moved.
THE CHAIRMAN: Senator Wilson. Motion to adjourn.
(There being nothing further, the proceedings concluded 9:40 a.m.)

Printed Page 3993 . . . . . Tuesday, April 5, 1994
Findings of Fact

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for boards of trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Clemson University--three seats (at-large)

Harold D. Kingsmore (Graniteville)
Patricia H. McAbee (McCormick)
Joseph D. Swann (Greenville)

College of Charleston--six by congressional districts and two at-large

Seat 1
Gordan B. Stine, D.D.S. (Charleston)

Seat 3
Harry M. Lightsey, III (Columbia)

Seat 5
Anne T. Sheppard (Laurens)

Seat 7
Robert S. Small, Jr. (Greenville)

Seat 9
F. Creighton McMaster (Winnsboro)

Seat 11
J. David Watson (Latta)

Seat 13
Blaine Ewing (Charleston)
Thomas W. Weeks (Barnwell)

Seat 15
John F. Clark, III (Columbia)
Jeffery E. Kinard (Pawleys Island)

Francis Marion University--six by congressional districts, one unexpired term, and two at-large

Seat 1
Howard G. Lundy, Jr. (Mount Pleasant)

Seat 3
James R. Courie (Columbia)

Seat 5
Carolyn Shortt (Laurens)

Seat 7
H. Randall Dozier (Greenville)

Seat 8 (unexpired term--1996)
Alex Kiriakides, III (Greenville)

Printed Page 3994 . . . . . Tuesday, April 5, 1994
Seat 9
W.C. Stanton (Cheraw)

Seat 11
Peter D. Hyman (Florence)

Seat 13
Dianne H. Brown (Marion)

Seat 15
Allard A. Allston (Darlington)

Lander University--six by congressional districts and two at-large

Seat 1


Darlene N. Hyman (Surfside Beach)

Seat 3
Maurice Holloway (West Columbia)
Thomas J. Kosmata (Lexington)

Seat 5
William G. Stevens (Greenwood)

Seat 7
Martha S. Whitener (Union)

Seat 9
Glenn J. Lawhon, Jr. (Hartsville)

Seat 11
Morgan B. Coker (Florence)

Seat 13
Estelle M. Mauldin (Greenwood)

Seat 15
Bobby M. Bowers (Lexington)

Medical University of South Carolina--three by congressional districts/medical and non-medical professions

Medical

Seat 1
Dan Brake, M.D. (Charleston)
Donald R. Johnson II, M.D. (Charleston)

Seat 2
Thomas C. Rowland, Jr., M.D. (Columbia)

Seat 3
Stanley C. Baker, Jr., M.D. (Greenwood)

Non-medical

Seat 4
Herbert C. Granger (Greenville)

Seat 5
Robert C. Lake, Jr. (Newberry)

Printed Page 3995 . . . . . Tuesday, April 5, 1994
Seat 6
Margaret M. Addison (Holly Hill)

South Carolina State University--one by congressional district and one at-large unexpired term

Seat 3
Charles C. Lewis (Anderson)

Seat 12 (unexpired term--1996)
Bishop Johnnie M. Smith (Greenville)

The Citadel--two seats (at-large)
James E. Jones, Jr. (Greenville)
Francis P. Mood (Columbia)
William F. Sachs (Columbia)

University of South Carolina--eight by judicial circuits

Seat 1
Othniel H. Wienges, Jr. (St. Matthews)

Seat 3
A.S. Bahnmuller (Sumter)

Seat 5
William C. Hubbard (Columbia)

Seat 7
Toney J. Lister (Spartanburg)

Seat 9
Donald A. Bailey (Charleston)

Seat 11
Michael J. Mungo (Columbia)

Seat 12
C. Edward Floyd, M.D. (Florence)

Seat 13
Mack I. Whittle (Greenville)

Wil Lou Gray Opportunity School--two (at-large) one for four-year term; one unexpired three-year term

Four-year term
Mary Evelyn Williams (West Columbia)

Three-year term
Faye C. Edwards (Gaffney)

Winthrop University--two seats (at-large)
Mary Anne Douglas Lake (Belton)
Harold P. Tuttle, Jr. (Rock Hill)

Printed Page 3996 . . . . . Tuesday, April 5, 1994
Respectfully submitted,
Rep. Eugene C. Stoddard, Chm. Senator Alex S. Macaulay, V. Chm.
Senator Warren K. Giese Rep. Jennings G. McAbee
Senator Maggie W. Glover Rep. Curtis B. Inabinett
Senator Addison "Joe" G. Wilson Rep. H. Howell Clyborne, Jr.

On motion of Rep. STODDARD, the report was ordered printed in the Journal.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 31, 1994
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. 541:
S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS),

Printed Page 3997 . . . . . Tuesday, April 5, 1994
SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 30, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 339, H. 4328 by a vote of 45 to 0.
(R339) H. 4328 -- Reps. D. Wilder and Rudnick: AN ACT TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN

Printed Page 3998 . . . . . Tuesday, April 5, 1994
SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 30, 1994
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. 968:
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 30, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Cork and Greg Smith of the Committee of Conference on the part of the Senate on S. 195:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE

Printed Page 3999 . . . . . Tuesday, April 5, 1994
CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
President

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1747
Promulgated By Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received By Speaker March 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 7, 1995

Document No. 1753
Promulgated By Board of Education
Basic Skills Assessment Program - Writing Test: Minimum Standards of Student Achievement; Scoring Criteria
Received By Speaker March 30, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 6, 1995

| Printed Page 3980, Apr. 5 | Printed Page 4000, Apr. 5 |
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