Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Rev. Fred Brown, Pastor of First Baptist Church in Dillon, S.C. as follows:

Our Gracious Heavenly Father,

We give you thanks for this good day, a day made good because of your presence with us within this day. We thank you for the freedoms which are ours today; grant us wisdom so that we shall be part of the process enhancing and making secure those precious freedoms.

We offer our gratitude to Thee for the men and women who serve us here. May they seek your guidance in the legislative processes so that the best actions may be taken for the benefit of all the people of our state. May this day be one in which meaning and purpose shall be the order of business.

Forgive us when we run ahead or lag behind your leadership.

In your Strong Name We Pray,

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 Rep. SHEHEEN.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

The following was received.

TO:     CLERK OF THE SENATE

CLERK OF THE HOUSE

FROM:     THE JOINT LEGISLATIVE COMMITTEE

TO REVIEW CANDIDATES FOR THE SOUTH CAROLINA

PUBLIC SERVICE COMMISSION

DATE:     March 11, 1986

In compliance with the provisions of Act 119 of 1975, and Act 167 of 1979, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Donald H. Holland
Chairman

Pursuant to Act 119 of 1975, this committee was organized to consider the qualifications of candidates seeking election to the Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth and At-Large Congressional Districts. The Merit Selection Panel submitted the following nominees to the Joint Legislative Screening Committee as follows:

FIRST DISTRICT     SECOND DISTRICT
Mrs. Marjorie Amos-Frazier     Mr. Thomas C. Church
Mr. Thomas F. Fressilli     Mr. Henry G. Yonce

THIRD DISTRICT     FOURTH DISTRICT
Mr. Guy Butler     Mr. Fred A. Fuller, Jr.
Mr. William H. Carr     Mr. John E. Bartus

Mrs. Linda C. Garner

FIFTH DISTRICT     SIXTH DISTRICT
Mr. Cecil A. Bowers     Mrs. Caroline H. Maass
Mr. Donald W. Stewart     Mr. E. Flynn Menius, Jr.
AT-LARGE
Mr. Aaron A. Brown
Mr. John M. Lawson
Mr. Rudolph Mitchell

Having completed the investigation as required by the Act, the committee, by this report, respectfully submits its findings to the members of the General Assembly for their consideration.

This committee has investigated each of the applicants, has conducted a public hearing on February 19, 1986, and has duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the nominees to be legally qualified as candidates for the Public Service Commission.

Sen. Donald H. Holland, Chairman
Sen. Thomas E. Smith, Jr.
Sen. Sam Applegate
Sen. John C. Hayes
Rep. T.W. Edwards, Jr.
Rep. Clyde M. Dangerfield
Rep. Thomas E. Huff
Rep. Benjamin E. Thrailkill, Jr.

HOLLAND: Ladies and Gentlemen, I'm Don Holland, chairman of the Joint Legislative Committee to Review Candidates for the Public Service Commission. I know a lot of you have been through the blue ribbon committee, the Merit Selection Panel, which was suppose to cure all ills some years ago and I know after you went through that you wonder why you have to go again through the Joint Screening Committee of the House and the Senate, but it is just a statutory law that Watergate and some other things brought along to screen them all, look at them good and to tell you the truth about it, we found in this screening committee, if some of ya'll remember, several years ago some of the nominees sent up by the Merit Selection Panel got turned down by us and it was for a real good cause. I don't think you will find that in this hearing. I hope we will be through and out of here very shortly, because the Senate is in session and the House is in session and we are going to try to get back as quick as we can. The members that are here present, some others are coming, of course, are Senator Hayes from York County, Senator Applegate from Charleston, T. W. Edwards, I don't know where he comes from, I think he is from around Spartanburg or somewhere, and Rep. Thrailkill from Horry County. This is Sheila McMillan, who is the attorney for the committee and this is P.K. Harmon, who has been with the screening process for many years -- we are going to screen her one day and see how she comes out. So, we are going to go today by the different districts -- we are starting off with the First Congressional District, Second Congressional District and so on. What we have asked you to do is to give us a prepared statement. If you have a prepared statement and you say I want to present my prepared statement for the record, then you have nothing further to say other than the attorney for the committee is going to ask you certain questions, which she is required to ask and the less elaboration on the answers you give will mean that the transcript can be printed sooner and your election will be held that much earlier. We have the benefit of all the records from the Merit Selection Panel with us, we have an updated SLED report on you and we have an updated financial report on you -- all of which we have acquired since the Merit Selection Panel sent your names up to us. We are going to start with the First District and the first one up is Mrs. Marjorie Amos-Frazier, who is presently a member of the Commission. Ms. Frazier, have you submitted us a prepared statement?

FRAZIER: Yes, I have. (Ms. Frazier's statement attached. See Appendix A.)

HOLLAND: Do you have a copy of it, Sheila?

McMILLAN: We have copies.

HOLLAND: Mrs. Frazier, Ms. McMillan is going to ask you some certain questions that she has to ask you and after that we will move on to the next one. I would ask you if you would hold up your right hand for me. Do you affirm that the testimony that you give before this public hearing today will be the truth, the whole truth and nothing but the truth, so help you, God?

FRAZIER: Yes.

HOLLAND: Go ahead, Ms. McMillan.

McMILLAN: Ms. Frazier, we have some rather basic questions that we are going to have ask all of you and I'm certain as the evening wears on you will tire of hearing them, but this is something that is essential. My first question to you is, where do you now reside?

FRAZIER: I'm Marjorie Amos-Frazier and my home address is 361 Ashley Avenue, Charleston, South Carolina 29403.

McMILLAN: Would you state for the record what district that's in?

FRAZIER: That's the First Congressional District.

McMILLAN: Ma'am, are you a qualified elector in that district?

FRAZIER: Yes, I am.

McMILLAN: Which precinct?

FRAZIER: Precinct 11.

McMILLAN: Thank you. I believe I noted that your record said at some point you had had a minor health concern. Are you satisfied that it wouldn't in any way inhibit your ability to fulfill your duties?

FRAZIER: I would certainly hope not. That's been twelve (12) years ago.

McMILLAN: OK, good enough. Do you have any... These are basic questions we've got to ask. Do you have any mental or alcoholic problem that would inhibit your duties... your ability to perform your duties.

FRAZIER: No, I have not.

McMILLAN: There are a couple of questions under the Ethics law that I'm obligated to ask you. Do you have any business interests, or do you or your family have a conflict of interest in your holding this position?

FRAZIER: No, I do not have any.

McMILLAN: Thank you, I have no further questions.

HOLLAND: Any member of the panel have any questions of Ms. Frazier? I might ask you this, Ms. Frazier. Do you hold any stock in any utility that might be subject to regulation by the Public Service Commission?

FRAZIER: I do not.

THRAILKILL: Mr. Chairman.

HOLLAND: Yes sir, Mr. Thrailkill.

THRAILKILL: Ms. Frazier... Shall I go on.

HOLLAND: OK.

THRAILKILL: Do you pay utility bills each month?

FRAZIER: I sure do.

THRAILKILL: Have you been satisfied with them up until now?

FRAZIER: Oh yes, I think they are fair and equitable.

THRAILKILL: What size home do you have?

FRAZIER: In Charleston I have a pretty large home. My utility bill for this month I noticed is $249.00 and, of course, I have also the apartment here that I have to pay utilities for, and I just moved into a co-op area. The first time I have ever lived where...

THRAILKILL: Who serves you, I mean... Who serves you?

FRAZIER: In the co-op?

THRAILKILL: Yes.

FRAZIER: Mid-Carolina.

THRAILKILL: OK. All right, thank you.

HOLLAND: Any other questions from any members of the Panel? Thank you very much, Ms. Frazier. You may return to your seat.

FRAZIER: Thank you very much.

HOLLAND: Thank you. The next nominee from the Merit Selection Panel is Mr. Fressilli (Mr. Thomas F. Fressilli, First Congressional District). I hope I'm pronouncing it right.

FRESSILLI: It's...

HOLLAND: Sir?

FRESSILLI: Fressilli.

HOLLAND: Thank you, sir. Come right on around. Do we have a statement from him?

McMILLAN: We do. (Mr. Fressilli's statement attached. See Appendix B.)

HOLLAND: Would you hold up your hand to be affirmed. (Oath administered.)

FRESSILLI: Yes, I do.

HOLLAND: OK. Ms. McMillan, he is your witness.

McMILLAN: Mr. Fressilli, where do you now reside?

FRESSILLI: At 886 Evans Road, Charleston, South Carolina 29412.

McMILLAN: Are you a qualified elector and do you vote in that district?

FRESSILLI: I vote in the district...

McMILLAN: Which precinct?

FRESSILLI: I'm not sure of the precinct, but I'll look on my card here and tell you. James Island No. 4.

McMILLAN: Thank you. Have you been hospitalized or had any serious illness, or medical problem in the past year?

FRESSILLI: No, I have not.

McMILLAN: To your knowledge, do you have any health problem that would hinder your ability to perform the duties of your office, if elected?

FRESSILLI: No, I do not.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would prohibit your fulfilling the duties of this office?

FRESSILLI: No, I do not.

McMILLAN: Do you have any business obligations, or other commitments, that would prohibit you from attending the meetings and putting in the time necessary to serve this office?

FRESSILLI: No, I do not.

McMILLAN: I have the same questions under the Ethics law that I need to ask you. Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict of interest with holding this office?

FRESSILLI: No, we do not.

McMILLAN: Do you hold any stock in any industry that would be regulated by the Public Service Commission?

FRESSILLI: I hold only mutual funds, but no stock.

McMILLAN: Is there anyone... Are you, or anyone in your family, related to anybody affiliated with the Public Service Commission?

FRESSILLI: No, they are not.

McMILLAN: Thank you. I have no further questions.

HOLLAND: Any questions by any members of the Panel? Yes sir, Mr. Edwards.

EDWARDS: I noticed that you are an electrical engineer. I see here that you are with the Charleston Naval Yard.

FRESSILLI: Yes sir, that is correct.

EDWARDS: Have you ever done any work with any of the public service authorities, or any subcontract work for any of them?

FRESSILLI: Yes sir, I was an employee of Santee Cooper, the South Carolina Public Service Authority, for approximately four (4) years.

HOLLAND: Any other questions by any other member of the Committee? Thank you so much. Now we go to District Two. I have Mr. Thomas C. Church. Mr. Church, would you hold up right hand, please sir. (Oath administered)

CHURCH: I do (Mr. Church's statement attached. See Appendix C.).

McMILLAN: Mr. Church, would you state where you now reside?

CHURCH: 501 Mill Creek, Lexington, South Carolina 29072.

McMILLAN: And in what district is that, please sir?

CHURCH: That's Lexington... Second Congressional District.

McMILLAN: Are you a qualified elector in that district?

CHURCH: Yes, I am.

McMILLAN: Do you know what precinct you vote in?

CHURCH: Lexington No. 2.

McMILLAN: Have you been hospitalized, or had any serious illness or medical problem, in the past year?

CHURCH: No.

McMILLAN: To your knowledge, do you have any health problem that would hinder your ability to fulfill the duties of this office?

CHURCH: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your ability to fulfill the duties of this office?

CHURCH: No.

McMILLAN: Do you have any business obligations, or other commitments, that would prohibit you from attending the meetings and giving it the time that's necessary to fulfill the duties of this office?

CHURCH: No, I don't.

McMILLAN: We have the same ethics questions. Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict of interest in your holding the office, if elected?

CHURCH: No.

McMILLAN: Do you own any stock that would be regulated by the Public Service Commission?

CHURCH: No, I don't.

McMILLAN: Are you, or any family member, related to anyone on the Public Service Commission?

CHURCH: No.

McMILLAN: I have no further questions.

HOLLAND: Mr. Church, what is your occupation?

CHURCH: Sales.

HOLLAND: Sales for who?

CHURCH: I work through Vogue Press, Midland Business Associates, selling printed materials throughout South Carolina.

HOLLAND: And you are married and have a family?

CHURCH: Yes.

HOLLAND: Any questions by any other member of the panel? Thank you so much. I don't want you people to think we are trying to speed along too much, but I want to tell you something. There has to be a transcript made and published in the Journal of every word said here today. That is the reason we asked for prepared statements instead of getting into a long extended conversation, sometimes it takes us weeks to get the transcript. So, that is the reason that not only us but other screening committees ask for a prepared statement -- nothing keeps you from elaborating on that, if you ask to be heard. We think you have covered certainly what you want to tell us in your prepared statement and we can put that together and get it in the Journal. Sometimes it takes us two and three weeks or more to get everything printed into the Journal. This election cannot be held, until such time as the Journal is printed and the members of the General Assembly have a chance to see what was said in the hearing. I just wanted to point that out to you. From the Second Congressional District is Mr. Henry G. Yonce. Do we have a prepared statement from Mr. Yonce?

McMILLAN: We do, sir. (Mr. Yonce's statement attached. See Appendix D.)

HOLLAND: Now, go ahead...

McMILLAN: Mr. Yonce, where do you now reside?

YONCE: Do you wish for me to affirm...

HOLLAND: Yes sir. (Oath administered.)

YONCE: I do. 2401 Pinetops Road, Columbia, South Carolina 29210, Lexington County, Gardendale Precinct, I'm a registered voter.

McMILLAN: Have you been hospitalized or had any serious illness within the past year?

YONCE: No.

McMILLAN: To your knowledge, do you have any health problems that would hinder your ability to fulfill the duties of this office?

YONCE: I do not.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would prevent or hinder you from fulfilling the duties of this office?

YONCE: No.

McMILLAN: Do you have any business obligations that would prohibit you from attending the meetings? I think I know the answer to that one.

YONCE: No.

McMILLAN: There are a couple of questions I need to ask you under the Ethics law, also. Do you have any business interests, or does any member of your family have a business interest, that would present a conflict of interest in your holding this position.

YONCE: No.

McMILLAN: Do you, or any member of your family, hold any stock in any business that would be regulated by the Public Service Commission?

YONCE: No.

McMILLAN: Are you, or any member of your family, related to anyone affiliated with the Public Service Commission. Other than...

YONCE: No,...

McMILLAN: I realize that you are on...

YONCE: ...I'm a member myself.

McMILLAN: No further questions.

HOLLAND: Mr. Yonce, I want to ask you something. You were screened by this Committee four (4) years ago. You were also screened by the Merit Selection Panel four (4) years ago. You came out clean as a hound's tooth, too. You have also been screened by the recent Merit Selection Panel, but in the update the other day on a SLED report there is one question asked -- are there any judgments or anything against you in the courthouse or on record? Now, this staff investigated it and since the answer on the SLED report said, "See Attachment" (emphasis added). We looked at the attachment they gave us and further, the staff investigated it and it is a total error on the part of SLED and I want to say that. But, just for the sanctity of this Committee, I want to ask you about it. I understand some many years ago you were involved in some partnership, and as a result of a partition suit or something else, your name was entered up on the judgement roll as a party defendant. Now, I'm saying that our investigation concludes that there is nothing whatsoever against you at all, from what our investigation contends. We just simply think... The members of the Committee thought, some of them, that we should ask you about this. Briefly tell us about it and explain it to us -- don't elaborate any further than you have to, so we can move on.

YONCE: Senator, in about 1973 or '74 a partnership was formed to develop some property. We purchased 409 acres of land in the name of a partnership entitled Bridleridge. As you know, the energy crunch came in '75 and the property was never developed. It was a little bit too far out to be developed. In the late 70's or early 80's, the mortgage on the property was held by a bank in Pennsylvania and the bank agreed to accept a deed to the property, if we would clear all back taxes, etc. One of the partners and I, Stan Kirkland, borrowed the money, paid all the back taxes and deeded the property to the bank. There was absolutely no judgment.

HOLLAND: No deficiency judgment.

YONCE: No deficiency judgment.

HOLLAND: Well, our investigation showed that and we were right upset that the latest SLED report showed that, and it was my intention not to say anything to you about it after our investigation. However, some of the committee members thought that it might be wise, for the sake of the sanctity of this committee that we ask you and I appreciate your explanation of it.

YONCE: Senator, since it cost me Twenty Thousand Dollars ($20,000) to give that piece of land back to the bank and it took me five (5) years to pay it off, I would hope that SLED could get it's records straight.

HOLLAND: That's right, but they didn't do it and I didn't see any need in getting into it. It is just one of those things they found on the record and that's it. So, thank you so much. Are there any further questions of him by you, Sheila, or any member of the committee ? Any member of the committee? Thank you so much, Mr. Yonce.

YONCE: Thank you.

HOLLAND: The next district is the Third. Mr. Guy Butler. Did you provide us a statement, Mr. Butler?

BUTLER: Yes sir, I have another one if you need it. (Mr. Butler's statement attached. See Appendix E.)

HOLLAND: Just one is enough, thank you. (Oath administered.)

BUTLER: I do.

HOLLAND: Can you suffer a few questions from Ms. McMillan?

BUTLER: Be glad to.

McMILLAN: Mr. Butler, where do you now reside?

BUTLER: 210 East Northside Drive, Greenwood, South Carolina 29646.

McMILLAN: Are you a qualified elector?

BUTLER: Yes.

McMILLAN: What precinct do you vote in?

BUTLER: Greenwood High School Precinct.

McMILLAN: Do you have... Have you been hospitalized or had any serious illness in the last year?

BUTLER: No, I have not.

McMILLAN: To your knowledge, do you have any health problem that would hinder you from fulfilling your duties?

BUTLER: I do not have.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would hinder your fulfilling your duties?

BUTLER: I do not.

McMILLAN: Do you have any business obligations, or other commitments, that would prevent you from attending the meetings and fulfilling your duties? I realize you have done it in the past, but do you at this moment know of anything that might prevent you from attending the meetings on a regular basis.

BUTLER: I don't have any other thing to do except attend the Commission business.

McMILLAN: We appreciate that, sir. Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict of interest in your holding this position?

BUTLER: No, I do not.

McMILLAN: Do you own any stock that would be regulated by the Public Service Commission?

BUTLER: I do not.

McMILLAN: Are you, or any family member... I realize you are on the Commission. Do you have any family members that are related with anybody else affiliated with the Public Service Commission?

BUTLER: I do not.

McMILLAN: I have no further questions.

HOLLAND: Any questions from any members of the panel? Thank you so much.

BUTLER: Thank you.

HOLLAND: Do we have his statement?

McMILLAN: We do, sir.

HOLLAND: The next nominee from the Third Congressional District is Mr. William H. Carr. Have you furnished the committee a statement, Mr. Carr?

CARR: I have, sir. (Mr. Carr's statement attached. See Appendix F.)

HOLLAND: Would you hold up your right hand? (Oath administered.)

CARR: I do.

HOLLAND: Thank you, sir. Ms. McMillan.

McMILLAN: Mr. Carr, where do you now reside?

CARR: 1071 Donna Street, Williston, South Carolina. That's in the Third Congressional District. I am a registered voter in the Lawson No. 1 precinct.

McMILLAN: Have you been hospitalized or had any serious illness in the past year?

CARR: No.

McMILLAN: To your knowledge, do you have any health problem that would prevent you from fulfilling these duties, if elected?

CARR: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs that would prevent you from fulfilling these duties?

CARR: No.

McMILLAN: Do you have any business obligations, or other commitments, that would prohibit you from attending the meetings on a regular basis in fulfilling your duties?

CARR: No.

McMILLAN: On the next question, I noted that in going through your file... I believe that your wife and son own stock in SCANA and I believe that's SCE&G. Is SCANA the holding company for SCE&G?

CARR: Yes, that is correct.

McMILLAN: Stock in AT&T and Bell South (Counsel was referring to wife and son owning stock)...

CARR: That's correct.

McMILLAN: That is correct. Sir, if elected, what do you intend to do with that stock?

CARR: The holdings of my wife would be sold or placed in a blind trust. Her preference, at the moment, is to sell rather than to place in a blind trust. The holdings of my son consists of twenty-two (22) shares of Bell South. Since he is an adult, I do not consider the ownership of twenty-two (22) shares of Bell South as a conflict of interest.

McMILLAN: Mr. Carr, I'm going to ask you if you would please submit a statement in writing advising this committee, so that we would have it for the record. As the Senator has noted to you, this will go in the transcript advising us as to what you intend to do with your holdings?

CARR: Very well.

HOLLAND: If you are elected.

CARR: Yes.

McMILLAN: If elected.

CARR: Right. (Mr. Carr's stock letter attached. See Appendix G.)

McMILLAN: Could you do that as soon as possible, please? Are you, or any member of your family, related to anyone on the Public Service Commission?

CARR: No

McMILLAN: I have no further questions.

HOLLAND: Mr. Carr, do you know Jake Watson?

CARR: A good friend of mine, sir.

HOLLAND: Called me last night about you.

CARR: I'll have to express my appreciation to Jake when I see him at a meeting tonight.

HOLLAND: Said you were a good fellow. How did you happen to know Jake Watson?

CARR: Through the Lion's Club, we are both very active.

HOLLAND: He is very active in the Lion's Club.

CARR: Yes sir.

HOLLAND: He is one of our finest citizens over home. Any questions by any other members of the panel?

EDWARDS: Mr. Chairman.

HOLLAND: Yes sir.

EDWARDS: I noticed that you had been employed with Allied-General.

CARR: Yes sir.

EDWARDS: How long were you there?

CARR: I was at Allied-General until they closed down in 1983. I started working for them in New Jersey in 1970 and was transferred to South Carolina in 1971.

EDWARDS: You were one of them that kind of got caught in the...

CARR: Yes sir.

EDWARDS: ...shutdown over there. So, you have chosen to remain in the Williston area?

CARR: Yes sir.

EDWARDS: As a consulting engineer, have you ever done any work with any of the public service authorities...

CARR: No sir.

EDWARDS:...or any of the utilities in South Carolina, or are you now employed as a consultant with any of the utilities in the State?

CARR: No sir.

APPLEGATE: Mr. Chairman.

HOLLAND: Yes sir, Senator Applegate.

APPLEGATE: Mr. Carr, I've noticed on one of the reports that I have that you own stock in a public utility or...

CARR: My wife and my son... Oh yes, I also own stock in a public utility that is not within the jurisdiction of the South Carolina Public Service Commission.

APPLEGATE: I see. What utility is that?

CARR: General Public Utilities.

APPLEGATE: If elected, what would you intend to do with that stock?

CARR: Retain it, sir.

APPLEGATE: I have no further questions.

HOLLAND: Any questions from any other member of the panel? Thank you so much, Mr. Carr.

CARR: Thank you.

HOLLAND: From the Fourth Congressional District, Mr. Fred A. Fuller. Would you hold up right hand, please? (Oath administered.)

FULLER: I do (Mr. Fuller's statement attached. See Appendix H.).

HOLLAND: Ms. McMillan is going to ask you some questions.

McMILLAN: Mr. Fuller, would you state for the record where you now reside?

FULLER: 1729 North Main Street, Greenville, South Carolina 29609.

McMILLAN: Are you a qualified elector and if so, what precinct do you vote in?

FULLER: I vote in Greenville Precinct No. 21.

McMILLAN: Have you been hospitalized or had any serious illness within the past year?

FULLER: No ma'am.

McMILLAN: To your knowledge, do you have any health problem that would hinder your ability to fulfill the duties of this office?

FULLER: None.

McMILLAN: Do you have any problem with the use of alcohol or drugs?

FULLER: No, I don't

McMILLAN: Do you have any business obligations, or other commitments, that would prohibit you from putting in the time necessary to fulfill the duties of this office?

FULLER: I do not.

McMILLAN: Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict of interest in your holding this position?

FULLER: No, they don't.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

FULLER: No, I don't.

McMILLAN: Are you, or any member of your family, related to anybody else affiliated with the Public Service Commission?

FULLER: No, they are not.

McMILLAN: I have no further questions.

HOLLAND: Any questions from any member of the panel? Thank you, Mr. Fuller.

FULLER: Thank you, Mr. Chairman and members.

HOLLAND: The next nominee from the Fourth Congressional District is Mr. Bartus (John E. Bartus). Hold up right hand, please sir. (Oath administered.)

BARTUS: Yes, I do. (Mr. Bartus' statement attached. See Appendix I.)

HOLLAND: OK, Ms. McMillan, your witness.

McMILLAN: Mr. Bartus, where do you now reside?

BARTUS: 310 Vesper Circle, Mauldin, South Carolina 29662. I am a registered voter and it is in the Mauldin 1 Precinct.

McMILLAN: Have you been hospitalized or had any serious illness in the past year.

BARTUS: No ma'am.

McMILLAN: To your knowledge, do you have any health problem that would hinder you from fulfilling the duties of this office, if elected?

BARTUS: No ma'am.

McMILLAN: Do you have any problem with the use of alcohol or drugs?

BARTUS: No ma'am.

McMILLAN: Do you have any business obligation or any other commitment that would prohibit your putting in the necessary time with this office, if elected?

BARTUS: No ma'am.

McMILLAN: Do you, or any member of your family, have a business interest that would present a conflict in your holding this position?

BARTUS: No ma'am.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

BARTUS: No ma'am, I do not.

McMILLAN: Are you, or any family member, related or affiliated with anybody on the Public Service Commission?

BARTUS: No ma'am.

McMILLAN: I have no further questions.

HOLLAND: Any questions from any member of the panel? Thank you so much, Mr. Bartus. There is one other nominee from the Fourth Congressional District, Ms. Garner (Linda C. Garner).
Ms. Garner, hold up your right hand, please. (Oath administered).

GARNER: I do. (Ms. Garner's statement attached. See Appendix J.)

HOLLAND: OK, Ms. McMillan.

McMILLAN: Ms. Garner, where do you now reside?

GARNER: I reside at 4 Old Mill Court, Taylors, South Carolina 29687.

McMILLAN: Are you a registered elector and, if so, what precinct do you vote in?

GARNER: I am a registered voter in the Edwards Forest Precinct. I think it is 21.

McMILLAN: Have you been hospitalized or had any serious illness within the past year?

GARNER: No, I have not.

McMILLAN: To your knowledge, do you have a health problem that would hinder your ability to fulfill the duties of this office, if elected?

GARNER: No ma'am.

McMILLAN: Do you have a problem with the use of drugs or alcohol?

GARNER: No, I do not.

McMILLAN: Do you have any obligations that would prevent you from fulfilling the duties of this office, or putting in the necessary time?

GARNER: No, I have no problems.

McMILLAN: Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict in holding this office?

GARNER: No.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

GARNER: I do not.

McMILLAN: Are you, or any member of your family, related to anybody affiliated with the Public Service Commission?

GARNER: No.

McMILLAN: I have no further questions.

HOLLAND: Any questions by any members of the committee? Thank you very much, Ms. Garner. Now, we will go to the Fifth Congressional District, Mr. Cecil A. Bowers. Do we have his statement?

McMILLAN: Yes we do, Senator. (Mr. Bowers' statement attached. See Appendix K.)

HOLLAND: Raise your right hand, please sir. (Oath administered.)

BOWERS: I do.

McMILLAN: Mr. Bowers, where do you now reside?

BOWERS: 807 Kirkwood Circle, Camden, South Carolina.

McMILLAN: Are you a qualified elector and, if so, what precinct do you vote?

BOWERS: I am a voter and I vote in Precinct No. 4 in Camden.

McMILLAN: Have you been hospitalized or had any serious illness, or medical problem within the past year?

BOWERS: No ma'am.

McMILLAN: To your knowledge, do you have any health problem that would hinder you from fulfilling the duties of this office?

BOWERS: No ma'am.

McMILLAN: Do you have any problem with drugs or alcohol?

BOWERS: None.

McMILLAN: Do you have any business obligation or any other commitments that would prevent you from fulfilling the duties of this office, or putting in the necessary time?

BOWERS: No ma'am.

McMILLAN: Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict?

BOWERS: No ma'am.

McMILLAN: Are you, or any other member of your family, and I realize that you are currently a Public Service Commissioner, related to anybody affiliated with the Public Service Commission?

BOWERS: No ma'am.

McMILLAN: Thank you, I have no further questions.

HOLLAND: Any questions by any member of the committee? Thank you, Mr. Bowers.

BOWERS: Thank you, Mr. Chairman.

HOLLAND: Mr. Donald W. Stewart (Fifth Congressional District). Have you sent us a statement?

STEWART: Yes sir, I have. (Mr. Stewart's statement attached. See Appendix L.)

HOLLAND: Would you raise your right hand, please? (Oath administered.)

STEWART: I do.

McMILLAN: Mr. Stewart, where do you reside?

STEWART: The mailing address is Post Office Box 147. The residence is located on Highway 39, Cross Hill, South Carolina.

McMILLAN: Are you a registered...

STEWART: Yes I am.

McMILLAN: ...voter?

STEWART: The Cross Hill Precinct.

McMILLAN: Have you been hospitalized, or had any serious illness in the past year?

STEWART: I spent three (3) days in the hospital two (2) weeks ago with the flu.

McMILLAN: I think a lot of people have been up against that. To your knowledge, do you have any health problem that would prevent you from fulfilling the duties of this office, if elected.

STEWART: None whatsoever.

McMILLAN: Do you have any problem with the use of alcohol or drugs?

STEWART: I do not.

McMILLAN: Do you have any business obligations or any other commitments that would prevent you from putting in the necessary time with this office, if elected?

STEWART: I do not.

McMILLAN: Do you, or any member of your family, have a business interest that would present a conflict, if elected to this office?

STEWART: No ma'am.

McMILLAN: Do you own any stock that would be regulated by the Public Service Commission?

STEWART: No ma'am.

McMILLAN: Are you, or any member of your family, related to anybody affiliated with the Public Service Commission?

STEWART: We are not.

McMILLAN: I have no further questions.

HOLLAND: Any questions from any members of the committee?

EDWARDS: Could I ask a question, Mr. Chairman?

HOLLAND: Yes sir, Representative Edwards.

EDWARDS: I see you that you are President of Duro, is that correct?

STEWART: Duro Products, Inc., yes sir.

EDWARDS: Could you tell me what you manufacture?

STEWART: Vinyl coated polyester yarn or nylon yarns that go into the outdoor furniture -- umbrellas, poolside furniture and this type thing. We sell to weavers, large textile companies, Westpoint and other people.

EDWARDS: Is this a privately held company?

STEWART: Yes sir, a corporation, three (3) owners, of which I am one.

HOLLAND: Any other questions? Mr. Stewart, I notice you are a Bronze Star Medal winner. I commend you for that.

STEWART: Thank you, sir.

HOLLAND: Thank you so much.

EDWARDS: And a Presbyterian College man.

HOLLAND: A Presbyterian College man...

EDWARDS: You ought to commend him for that. You needed a Bronze Star when I was there to get through.

HOLLAND: Thank you, Mr. Stewart.

STEWART: Thank you.

HOLLAND: From the Sixth Congressional District Mrs. Maass (Caroline H. Maass). Do you want to swear or promise?

MAASS: I'll take a promise knowing it is you.

HOLLAND: (Oath administered.)

MAASS: I do. (Mrs. Maass's statement attached. See Appendix M.).

HOLLAND: Thank you.

McMILLAN: Where do you now reside?

MAASS: Pawleys Island, South Carolina.

HOLLAND: Is that in South Carolina?

MAASS: I think.

McMILLAN: Are you a qualified elector there?

MAASS: Yes, I vote in the Pawleys Island Precinct.

McMILLAN: Have you been hospitalized or had any serious illness in the past year?

MAASS: No, just the flu this week.

McMILLAN: It is taking its toll on everybody. To your knowledge, do you have any health problems which would hinder your ability to perform the duties of the office?

MAASS: No.

McMILLAN: Do you have any problem with the use of alcohol or drugs?

MAASS: No.

McMILLAN: Do you have any business obligations or any other commitments that would prevent you from putting in the necessary time for this office?

MAASS: No.

McMILLAN: Do you have any business interests, or anybody in your family have a business interest, that would present a conflict?

MAASS: No.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

MAASS: No ma'am.

McMILLAN: Is any member of your family related to anybody affiliated with the Public Service Commission other than yourself?

MAASS: No.

McMILLAN: I have no further questions.

HOLLAND: Any questions by any member of the committee?

EDWARDS: As a former nurse, can you give us an answer to this flu problem?

MAASS: I wish I could. I would love to, Mr. Edwards.

EDWARDS: Well I tell you, its got about half of the members of the General Assembly. It seems like it is terrible to get over.

MAASS: It's terrible, it really is.

HOLLAND: Any questions from any members of the committee? Thank you, Mrs. Maass.

MAASS: Thank you, sir.

HOLLAND: The next candidate is Mr. Menius (E. Flynn Menius, Jr. of Sixth Congressional District). Would you hold up your right hand, please. (Oath administered.)

MENIUS: I do. (Mr. Menius' statement attached. See Appendix "N".)

HOLLAND: Thank you, sir.

McMILLAN: Mr. Menius, I had a real good time reading about how you pronounce your name and the history of your family there. Menius -- I got it right. Would you please tell me, sir, where you now reside?

MENIUS: 423 Richardson Circle, West, in Hartsville, South Carolina 29550.

McMILLAN: Are you a qualified elector there and, if so, what precinct do you vote?

MENIUS: I am and it is Hartsville Precinct No. 5.

McMILLAN: Have you been hospitalized or had any serious illness in the past year?

MENIUS: No, I haven't.

McMILLAN: Do you have any health problem that would prevent you from fulfilling the duties of this office, if elected?

MENIUS: I certainly haven't. I haven't missed a single day of work in the last thirty-five (35) years because of sickness.

McMILLAN: Do you have a problem with the use of drugs or alcohol?

MENIUS: None at all.

McMILLAN: Do you have any business obligations, or other commitments, that would prevent you from fulfilling the duties of this office?

MENIUS: Not that would prevent me from fulfilling the duties, I am gainfully employed, but if I am elected I would take an early retirement so that I could devote full time to the Commissioner's job.

McMILLAN: Do you have any business interests, or anyone in your family have a business interest, that would present a conflict, if elected to this office?

MENIUS: Only some stock ownership.

McMILLAN: I noticed that on your file. Sir, would you please for the panel, tell us what kind of stock you own?

MENIUS: I own One Hundred (100) shares of Carolina Power & Light Company common stock.

McMILLAN: If elected, what do you intend to do with this stock, sir?

MENIUS: I would dispose of it.

McMILLAN: Do you...

MENIUS: Further than that, it was bought so long ago, at this particular point, I don't know whether I would sell it or give it to a church, or something.

McMILLAN: Sir, I'm going to ask you to please put that in writing for the committee.

MENIUS: Alright. It is in writing on my ethics statement. (Mr. Menius' stock letter attached. See Appendix O.)

McMILLAN: Thank you.

MENIUS: Is that adequate?

McMILLAN: That would be sufficient. Are you, or any member of your family, related to anybody affiliated with the Public Service Commission?

MENIUS: No ma'am.

McMILLAN: I have no further questions.

HOLLAND: Any questions by any members of the committee? Thank you so much. Now, we go to the candidates At-Large. Mr. Brown (Mr. Aaron A. Brown). Do we have a statement from Mr. Brown?

McMILLAN: We do. (Mr. Brown's statement attached. See Appendix P.)

HOLLAND: Would you hold up your right hand, please sir? (Oath administered.)

BROWN: I do promise, Senator, and I also swear.

HOLLAND: Swear and promise. Thank you, sir. Ms. McMillan.

McMILLAN: Mr. Brown, where do you now reside?

BROWN: I live at 115 Sweetbriar Road in Summerville, South Carolina. I'm proud to be down there. We play a little football every now and then.

McMILLAN: Are you a qualified elector?

BROWN: I am. I vote in Trolley Precinct off Old Trolley Road.

McMILLAN: Have you been hospitalized or had any serious illness in the past year?

BROWN: No, I haven't. I think I'm pretty healthy.

McMILLAN: Do you have any health problem that you think would hinder you from fulfilling the duties...

BROWN: I don't really have any serious health problem. My voice is a little hoarse. I have a little sinus drainage from time to time and that's about it.

McMILLAN: Do you use alcohol or drugs?

BROWN: Do I use alcohol or drugs, or do I abuse alcohol or drugs?

McMILLAN: I'm sorry. Do you have a problem with alcohol or drugs? No, I don't want to ask anybody that.

BROWN: No, I don't have a problem with alcohol or drugs that would inhibit me from doing any duties that I so desire to do.

McMILLAN: Do you have any business obligation or other commitments that would prevent you from fulfilling the duties of this office, if elected?

BROWN: No, I don't. I have some other obligations, but certainly if I were to be seated with the PSC I would have to divest myself of those obligations.

McMILLAN: Do you have any business interests, or does any member of your family have a business interest, that would present a conflict, if elected?

BROWN: No, I don't think so.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

BROWN: Now that is something I'm not sure. I think I own some Bell South stock. I have a stock broker and I was interested to hear that question come up. I do own some stock, but anyway, most of the stock... I have a lot in mutual funds and most of it is under the Uniform Gift Act to Minors in the names of my children, but I'm almost certain I own Bell South, but if I were elected to the PSC I would sell that, because I really don't own that many shares.

McMILLAN: Sir, would you provide us with a written statement to that effect.

BROWN: Certainly would (Mr. Brown's stock letter attached. See Appendix Q.)

McMILLAN: Are you, or any member of your family, related to anybody affiliated with the Public Service Commission?

BROWN: No, I'm not. I was trying to get related to Marjorie Amos, but she wouldn't let me.

McMILLAN: Might help you out, huh. I have no further questions.

HOLLAND: Any members of the committee have any questions of Mr. Brown? Representative Thrailkill.

THRAILKILL: Mr. Brown, do you own a home?

BROWN: Yes sir, I do.

THRAILKILL: How is your utility bill?

BROWN: Well, it is pretty high. We've got about a 1,600 square foot home in Summerville and it's pretty high, but we think it's reasonable because we've got a swimming pool and some other attachments. My kids never turn off the lights.

THRAILKILL: Could you give me one bill that you have paid lately?

BROWN: I think it runs over $200.00 per month.

THRAILKILL: That would be the highest, the lowest or average?

BROWN: The average would be about $225.00 or $230.00 per month.

HOLLAND: I noticed that you are President of Brown Insurance. Is that an insurance agency?

BROWN: That's an insurance agency. I have, also, another corporation, American Educators Insurance Corporation and we primarily sell insurance to school teachers to that corporation. Brown Insurance Marketing Corporation is simply an agency.

HOLLAND: Do you sell any insurance to utilities?

BROWN: No sir, I don't. I've never been that fortunate. I'd like to sell to a utility, that would be a good case.

HOLLAND: They are sort of self-insured, aren't they?.

Brown: Well, the larger corporations can afford to do that. Really, self-insurance is the way to go for the larger corporations.

HOLLAND: Any other questions by any members of the committee? Thank you so much.

BROWN: Thank you, sir. It has been a pleasure.

HOLLAND: The next candidate is Mr. Lawson (John M. Lawson, At-Large) Hold up your right hand, please (Oath administered).

LAWSON: I do. (Mr. Lawson's statement attached. See Appendix R.)

HOLLAND: Mr. Lawson, I noticed you are an energy analyst. Tell us a little about energy...

LAWSON: Well, I've done a lot of contract work in the alternative energy conservation field for Governor Riley, for Clemson University and for Santee-Cooper.

HOLLAND: Where are you employed now? Are you employed as a consultant in that field?

LAWSON: I'm employed now as a political consultant for a gentleman who is running for Lieutenant Governor, but I've made a point of not having to depend on political consulting to make my living. So, most of my professional life I have been employed in the energy field.

HOLLAND: Ms. McMillan has some questions to ask you.

McMILLAN: Mr. Lawson, where do you now reside?

LAWSON: 611 Waccamaw Avenue in Columbia.

McMILLAN: Are you a qualified elector and if so, what precinct do you vote?

LAWSON: Yes, I am in Ward 1.

McMILLAN: Have you been hospitalized or had any serious illness within the past year?

LAWSON: No.

McMILLAN: To your knowledge, do you have any health problem that would hinder you from fulfilling the duties of this office, if elected?

LAWSON: No.

McMILLAN: I'm going to get this question right this time. Do you have any problem with the use of alcohol or drugs?

LAWSON: No.

McMILLAN: Do you have any business obligations, or other commitments, that would prevent you from putting in the necessary time with this office, if elected?

LAWSON: No.

McMILLAN: Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict of interest, if elected?

LAWSON: NO.

McMILLAN: Do you own any stock that would be regulated by the Public Service Commission?

LAWSON: NO.

McMILLAN: Are you, or any member of your family, related to anybody affiliated with the Public Service Commission?

LAWSON: No.

McMILLAN: I have no further questions.

HOLLAND: Any questions from any members of the panel?

THRAILKILL: Mr. Chairman.

HOLLAND: Yes sir, Representative Thrailkill.

THRAILKILL: I noticed in your record that you twice have gone to Magistrate's Court as the landlord to successfully seek judgments against former tenants for damages to property and rents owed?

LAWSON: Yes sir.

THRAILKILL: Were there extenuating circumstances for that, or...

LAWSON: No sir. In this case, in my opinion, and in the opinion of the Magistrate, we just had irresponsible tenants. They were students at Carolina, who just had not taken very good care of the property.

HOLLAND: Any other questions? Thank you so much. Mr. Mitchell (Rudolph Mitchell -- At-Large). Do we have his statement?

McMILLAN: Yes sir, we do (Mr. Mitchell's statement attached. See Appendix S.).

HOLLAND: Hold up your right hand, please. (Oath administered.)

MITCHELL: I do.

HOLLAND: Ms. McMillan.

McMILLAN: Mr. Mitchell, where do you currently reside?

MITCHELL: I live at Route 1, Saluda 29138.

McMILLAN: Are you a qualified elector there and, if so, what precinct do you vote?

MITCHELL: Yes, I am a qualified voter in the Saluda Precinct Higgins.

McMILLAN: Thank you, sir. Have you been hospitalized or had any serious illness in the past year?

MITCHELL: No, I haven't.

McMILLAN: To your knowledge, do you have any health problem that would prevent you from fulfilling the duties of this office?

MITCHELL: No ma'am.

McMILLAN: Do you have any problem with the use of alcohol or drugs?

MITCHELL: No ma'am.

McMILLAN: Do you have any obligations that would prevent you from fulfilling the duties of this office or putting in the necessary time?

MITCHELL: No, not any at all.

McMILLAN: Do you have any business interests, or does anyone in your family have a business interest, that would present a conflict, if elected?

MITCHELL: No ma'am, not any. No.

McMILLAN: Do you own any stock that is regulated by the Public Service Commission?

MITCHELL: No, I do not.

McMILLAN: Is any member of your family related to anybody, other than yourself, who is affiliated with the Public Service Commission?

MITCHELL: No ma'am.

McMILLAN: I have no further questions.

HOLLAND: What do you do, Mr. Mitchell, for a living besides serving on the Public Service Commission?

MITCHELL: Well...

HOLLAND: Somebody said you were in the cow business.

MITCHELL: Well, I have been. I'm acquainted with cattle. I own a dairy. My son operates a dairy in Saluda, so I, in my off hours keep the dairy farm going as all farmers do. I have to throw in a little extra work or we might be liquidated up there.

HOLLAND: Any questions from any other members of the panel?

THRAILKILL: I've heard that he plays a musical instrument. Do you know anything about that?

HOLLAND: He does a good job.

HOLLAND: Any other members of the panel? Thank you, sir.

MITCHELL: Thank you.

APPLEGATE: Mr. Chairman, I don't have a question of this gentlemen. But I did have, just so my questions would be consistent, I had one question I'd like to ask Mr. Fuller, if I may?

HOLLAND: Mr. Fuller, would you please come back up, Senator Applegate would like to ask you another question?

APPLEGATE: Mr. Fuller, I noted that you own shares in several public utilities and I'm just interested, if you are re-elected, what you would anticipate doing with those shares?

FULLER: Well, I don't own any share in any utility that is in the jurisdiction of the South Carolina Public Service Commission.

APPLEGATE: Yes sir, I understand, but do you own any shares in any public utility?

FULLER: Yes sir, I do.

APPLEGATE: If re-elected, what do you anticipate that you would do with those shares?

FULLER: I consider it no conflict of interest whatsoever.

APPLEGATE: Very good, sir.

FULLER: They are in the northeast and the midwest.

APPLEGATE: Thank you, sir.

HOLLAND: Is that all, sir?

APPLEGATE: Yes.

HOLLAND: Thank you, Mr. Fuller. Does any member of the panel desire to recall anyone else for a specific question? I hereby call this meeting adjourned. If you gentlemen will wait outside and give us a few minutes to go into executive session, we can tell you whether you can travel on or not.

HAYES: Gentlemen and ladies.

HOLLAND: Ladies and gentlemen.

Mr. Chairman and members of the Legislative Screening Committee, I would appreciate it if you would allow me to begin by thanking you, Senator Holland and the older members of the Committee for the consideration you gave me in the past and also I want to thank you and the entire Committee for your time today.

I have truly tried to live up to the confidence you placed in me when you and the other members of the General Assembly elected me to represent the First Congressional District and all of the people of South Carolina.

I feel that I have done a good job in representing the people of the state. I am fully aware of the fact that my responsibility is to be concerned about the consumers as well as the companies we must regulate. I am proud of my record as a commissioner. I have truly tried to be fair in every decision I have made in every instance. I am sure I was not able to make everyone happy at any one time, but I certainly took everything under consideration before I voted on an issue whether it was a rate increase or a certificate in transportation.

My qualifications must include my service on Charleston County Council, more than thirty (30) years of community involvement, my 5-1/2 years experience as a commissioner, my ability to be objective, my ability to take a stand for what I believe to be right and my experience in negotiations.

Personally, I feel like the Commission is operating at a high level at the present time. We have definitely come a long way in gaining public trust. Because of the night hearings in the service areas, I think the public input has helped a lot. The way in which the staff and the commissioners have worked together with the information we gathered in each case combined with the foresight of the staff and commissioners, we have been able to issue some very good orders to the companies we regulate. We are very pleased in that one of our major companies did not have to come to us last year for a rate request and hopefully will not need to come this year.

In the area of telecommunication, even though Judge Harold Greene left a lot of unanswered questions, we are still able to carry out the intent of divestiture. We have cut the pie in as many slices as was necessary to give the services the consumers wanted and the companies the right to deliver at a cost we found to be fair and equitable. It seems that the transition has gone on pretty smooth. We have not had any complaints that our staff or the commissioners were not able to address.

I must remind you that we have a whole lot of water, sewage and transportation cases to listen to and rule on nearly every week. Some of these cases take a lot of time. We have had at least one water and sewage case that we had to have a night hearing on in the service area. That one happened to have been in my district.

If I am nominated and elected to the Public Service Commission, I would like to see one thing done to improve the operation at the Commission; and that is, I would like to see us have a person with a legal background as well as the ability to communicate with the general counselor, department heads and the commissioners. This would help us not to tie up the general counselor when he needs to deal with writing orders and representing the commission in hearings and in the courts which is very often. This person could function as a liaison person wherever needed to keep the lines of communication open, and would be at hand for whatever legal advice the commissioners may need.

Last but not least I certainly feel that the consumers and the companies are being treated fairly by the commissioners. I can tell you I attempt to return or answer all of my telephone calls and answer or have a member of our staff answer all of my letters for my signature.

Thank you again for considering me for an interview and trust that you will see fit to nominate me for another term because I truly feel that I am doing a good job for the citizens of South Carolina.

Members of the Joint Committee to review Candidates for the PSC and other members of the general public, it is a pleasure for me to appear before you today as a nominee of the Public Service Commission Merit Selection Panel. On this occasion I would like to offer you some of my thoughts about utilities and the regulatory process. It is my hope that these revelations will enable you to properly evaluate my qualifications to contribute to the discharge of the Commission's statutory responsibilities. For those in the room who are not familiar with the required qualifications, they are clear and balanced judgment, ability to weigh evidence and draw related conclusions fully and fairly, and the competent use of the abilities of the Commission staff.

In dealing with utilities one must always remember that the interests of stockholders, creditors, employees, utility management, and customers are not automatically balanced by the forces of the fully competitive marketplace. It is, therefore, the responsibility of a regulatory body, such as the PSC, to review the rates, services, policies, and practices of these utilities to insure that the highest possible degree of balance is always maintained.

This balance will be disturbed if we allow a utility to separate its performance record from the rate of return it seeks for its investors. The Commission staff should have or have access to the technical expertise required to measure the performance of every utility. For a power company I would insist upon a comparison of its generating station unit heat rates (the number of BTU's required to produce a kilowatt hour) to established norms, and its overall record of productivity gains in terms of dollars per kilowatt hour. Let me say without hesitation that I am not in favor of establishing rates to yield investors competitive rates of return on investments in utilities that are not managed in an efficient and professional manner. To do so would be demanding that the public subsidize waste and mismanagement.

Proper balance can be maintained if utilities are willing to take finite and reasonable risks. Since their capital improvement plans are usually the most risky of all projects undertaken, these plans must be closely scrutinized to prevent the building of excess facilities, which only produce additional bondholders, stockholders, and higher rates. On the other hand, if it is found to be lacking, we must provide the impetus for innovation and investment that will achieve productivity gains. In this manner, progress will be achieved and expenses reduced to levels absolutely essential for operations. When these expenses are reduced subsequent to the enactment of a new rate structure, that rate structure should be modified to reduce revenues accordingly. The practice of continuing the existing rate structure and utilizing the extra revenues to defer the advent of future rate increases is completely unacceptable.

Although the job of the Public Service Commission is a challenging one, it can be handled thru adherence to a couple of the many ideals that made this Country what it is today. Namely, reward commensurate with performance and assign accountability with responsibility. I trust that my appearance here has convinced you that I am equal to the task!

Respectfully submitted,
Thomas F. Fressilli

DATE:             February 13, 1986

TO:                 Senator Donald H. Holland

Chairman, Joint Committee to Review

Candidates for the Public Service

Commission

FROM:             Thomas C. Church

501 Mill Creek

Lexington, South Carolina 29072

SUBJECT:     Written Statement of Testimony

Mr. Chairman and Members of the Joint Committee to Review Candidates for the Public Service Commission, I would like to thank you for giving me this opportunity to speak with you. I will try my best to answer any and all of your questions and give you some of my reasons and background for seeking the Public Service Commission Seat.

I seek a position on the Public Service Commission, because there will be an above average economic and population growth in South Carolina and the Southeast.

With this we will have growth in energy demand, communication service, and very important water and sewer growth problems. This Commission will be a very important factor in either a weak permanently low growth or an above average and stronger economy, and an above average place to live. I feel I have the background to help contribute to a stronger, healthier economy and a better state to live in.

Qualifications that I possess which would help me as a Public Service Commissioner, are as follows:

1.     While with Allis-Chalmers in Lexington, South Carolina, I served on the Industrial Committee for the Route Six and I-20 water and sewer project. Working with the County and City of Lexington and other industrial members. Raised capital and completed the project.

2.     Chairman of Total Customer Service Committee which significantly improved service and quality levels for Allis-Chalmers customers.

3.     Responsible for Profit and Loss Statements, developed budgets and financial statements.

4.     Had experience in planning and directing Employee Relation Programs, Compensation, Benefits, Safety and Health, Training and Reorganization.

5.     Installed cost reduction programs, provided capital expense plans and budgets. Also purchased capital equipment and installed capital projects.

6.     17 years experience in Plant Management, Production, Manufacturing Engineering, and Employee Relations.

I feel with the above qualifications and background that I would be a good Public Service commissioner. I am willing to devote 100% of my time and effort to this position.

Thank you for this opportunity and your time.
Sincerely,

Thomas C. Church
501 Millcreek
Lexington, SC 29072
Phone 803/359-4783

Mr. Chairman---Members of the Joint Committee. I am Henry G. Yonce, Commissioner representing the Second Congressional District. I would like to thank you for allowing me this opportunity to appear before you today. First let me state that when my present term ends I will have served 15 years on the Public Service Commission. Some of you may question the sanity of one who would request to continue to serve after some of the turbulent years of the last decade. However, I feel that during the years of my service the Commission has done an excellent job and I sincerely want a chance to continue.

One of the reasons that I want to continue to serve is the unique qualifications that I bring to the office through past service. My 35 years of business experience in South Carolina, my military service, my educational background with a degree in accounting and economics, my many years of service in the South Carolina House of Representatives, and finally my many years of service on this Commission. During these years I have served twice as chairman and have made a sincere effort to be a student of the economics of utility regulation and feel that I have gained a storehouse of knowledge which will be valuable to all concerned with regulation, both utility and consumers, if I am allowed to continue.

I have developed a keen interest in all that is happening in the areas of utility and transportation both in the Southeastern region and in the nation. As a result of this interest I was elected president of the Southeastern Regulatory Utility Commissioners Group in 1979 and have been designated by this group of commissioners known as SEARUC to move into the chairs of the National Association of Regulatory Utility Commissioners (known as NARUC) as Second Vice President this year, to advance to the presidency of that national organization in 1988. This will be the first time that South Carolina has had a president in more than 25 years.

I do feel that the Public Service Commission is operating on a very sound basis at the present time. I feel that the composition of the Commission is certainly representative of our constituency and commend the Merit Panel and the General Assembly for their past good judgement.

If I am returned to the Commission I will continue to work with my fellow Commissioners to render knowledgeable decisions in the interest of the total public.

Finally, I do feel that at the present time both the utilities and the consumers are being treated fairly by the Commission. I have certainly tried to be ultimately fair in my decisions and I feel that my fellow commissioners have also acted in that manner.

I have purposely made my remarks short and have not included a great amount of biographical material since I believe that my application contains that in detail, and for several of you, this will represent a repeat appearance. Thank you for granting me this interview. I will now try to answer any questions you may have for me.

Henry G. Yonce

MR. CHAIRMAN---MEMBERS OF THE JOINT COMMITTEE. I am Guy Butler and I reside at 210 East Northside Drive in Greenwood, South Carolina. I was born March 26, 1926, in Greenwood and graduated from Greenwood High School. I was divorced in 1955 and have two daughters. I served in the United States Navy during World War II and received an Honorable Discharge. I am presently applying to represent the Third South Carolina Public Service District.

My work history is as follows: Grocery store clerk on Saturdays (1938-41), wash boy at service station on weekends (1941-42), drove taxi at night (1942-46), at age 17 owned own taxi fleet (4 cabs) (1943-46), worked part-time at Blyth Funeral Home in Greenwood (1942-56), opened retail grocery and produce store (1946), opened and operated eight open air markets (1958-62), worked part-time at Dunbar Funeral Home in Columbia after becoming Public Service Commission member (1963-64), enlarged original retail produce and grocery store to 30,000 square feet (1967), sold supermarket in February 1974 due to duties at the Public Service Commission becoming more and more demanding to a full-time status. I served in the House of Representatives from 1960-63. I have been a member of the Public Service Commission for the past 23 years and during this time I have served as Chairman for three one-year terms and one two-year term, and also as Vice-Chairman for three one-year terms and one two-year term.

I am a member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of Regulatory Utility Commissioners (SEARUC). I belong to the South Main Baptist Church and am a former President of the Sunday School Class. I belong to the Loyal Order of Moose and am a Mason, a Shriner and a Legioneer.

During the time I have been on the Commission, I have worked hard and tried my best to be fair to all the people in our State.

Guy Butler

Thank you for the opportunity to appear before you. I should like to introduce myself to you, outline the basic principles that I feel should be applied to utility regulation, then make a few comments about planning for the future. I would then be happy to answer any questions that committee members might have.

With the exception of almost five years of Army service (which included combat duty in Korea), my professional career has been devoted to engineering in the nuclear industry, primarily aimed at electrical power production. I came to South Carolina in 1971 to work at the Barnwell Nuclear Fuel Plant. Most of my work was within three areas: safety analysis, license application, and license compliance. In the license application phase, I had experience with formal hearings before the Atomic Safety and Licensing Board, and worked with legal counsel in preparing material for presentation to that board. Since the Barnwell shut-down in 1983, I have been in private practice, with most of my work in either safety analysis or in chemical process/facility design.

To summarize my technical qualifications: I am a Registered Professional Engineer, am a member of several technical societies, have published several articles in the technical literature, and have been granted one patent (for a pumping system). On the business side, I have had courses in management accounting, financial statement analysis, economics, business law, and statistics. My business background includes service as president and board chairman of a 300-bed hospital, and I was credit committee chairman and board member of a credit union that grew from $3,000,000 to $11,000,000 during the time that I served.

My current activities and memberships include: Chairman of the Pastor-Parish Relations Committee of the Williston United Methodist Church, life membership in the Masons, member of the Board of Trustees of the Barnwell County Hospital, Past District Governor of Lions International, and President of the South Carolina Lions Sight Conservation Association.

Now that I have introduced myself, let me outline the four basic principles that I believe should be used as guides in considering regulatory matters. These are:

1.     RATES SHOULD BE SET THAT ARE (a) AFFORDABLE TO CONSUMERS,
(b) CONDUCIVE TO GROWTH IN THE SOUTH CAROLINA ECONOMY, AND
(c) ATTRACTIVE TO INVESTMENT IN THE UTILITY. These seemingly opposed criteria must all be met.
2.     THE RETURN ON INVESTMENT SHOULD BE COMMENSURATE WITH THE DEGREE OF RISK. If there is no risk and a profit is guaranteed, that profit will be relatively low; as the degree of risk increases, the potential profit must increase along with the potential loss.
3.     THE DEGREE OF REGULATION SHOULD BE PROPORTIONAL TO THE MONOPOLY POSITION. If there is a total monopoly, then the utility must be completely regulated; if there is significant competition, the degree of regulation can be decreased accordingly.
4.     ACTIONS OF THE COMMISSION SHOULD ENCOURAGE FUTURE INCREASES IN SERVICE TO SOUTH CAROLINA CONSUMERS.

Finally, I feel that it is imperative that the Public Service Commission give more consideration to long-range planning. I believe that the utility industry is about to enter into a period of dramatic change. A few indicators of this include: an electric company entering into the long-distance telephone market, utility reorganization to separate regulated from non-regulated activities, discussion of the feasibility of organizing non-regulated generating companies, and the possibility that merger-mania may some day hit the utility industry. Rather than merely reacting to each individual change as it occurs, the Commission should study the changing business and technical environment and attempt to anticipate trends. We can then be in a position to discourage socially undesireable changes, and to support changes that would encourage growth in the South Carolina economy.

William H. Carr

If elected to the South Carolina Public Service Commission, the stock in SCANA, AT&T, and Bell South held by my wife will be sold or placed in a blind trust.

William H. Carr
Florence S. Carr

MR. CHAIRMAN--MEMBERS OF THE JOINT COMMITTEE: I am Fred A. Fuller, Jr. Born in Laurens, S.C., on March 6, 1920.

Graduate of the public schools of Greenville, S.C., and resides in Greenville.

Graduated from the Citadel, Charleston, S.C., in 1943, with a BS in Business.

Served during World War II (1942-45) as a First Lieutenant in the U.S. Air Force.

Served in the South Carolina House of Representatives for six terms. While in the House, served on the Ways and Means Committee.

Assumed Commissionership with the South Carolina Public Service Commission as the representative of the Fourth Commission District on July 8, 1969. Elected to serve as Chairman of the Commission in 1970, 1977 and 1984. Now has sixteen years experience as a Commissioner and presently serving as Chairman.

Has attended two seminars on utility finances at the Irvin Trust Co. in New York City, and has completed a course on Administrative Law at the University of Nevada.

Has successfully owned and operated a retail appliance dealership since 1945.

Member of the Greenville Rotary Club, Masons, Elks and American Legion; and, served on the Board of Directors of the Greenville YMCA, member of Northgate Baptist Church, served as Sunday school teacher, Chairman of the Board of Deacons, Chairman of the Building Committee and Trustee.

Married to the former Annette Apperson; and, has four children and four grandchildren.

At last there is a bright light of hope at the end of a long black tunnel. This is not something I am forecasting; it started in 1985. We regulate 30 telephone companies and only 5 came in in 1985 for rate adjustment. The electric utilities are completing their building programs. SCE&G completed theirs in 1984. They didn't file for an increase in 1985, and they tell us they don't think they will in 1986. Duke and CP&L are completing theirs in 1986. After that we should have a decade of stabilizing electric rates, and it may be we can lower some. This has never happened before in my years of service. There will be more rate cases; but much fewer, smaller, and further apart.

Fred A. Fuller, Jr.

First, let me introduce myself to you and share a few ideas with you on why qualified individuals with technical, engineering, administrative and business backgrounds are essential to this most important selection.

John E. Bartus, a seventeen year resident of Mauldin, South Carolina.

A graduate engineer and presently employed as a Corporate Energy Manager.

Married for 28 years to Dolores Irene Bartus, homemaker, loving wife and mother.

My background consists of 25 years experience in engineering and management positions within the industrial and aerospace marketplaces.

Past South Carolina District Governor of CIVITAN International, 1978-79.

I AM SEEKING TO SERVE ON THE PUBLIC SERVICE COMMISSION because...

Over the past several years utility costs have been increasing at an alarming rate and today's utility prices are out of proportion to other standards.

The need exists to control utility costs such that individual customers - residential, industrial and commercial - can have affordable and competitive prices.

For example, since 1970, utilities in South Carolina have increased as follows:

Residential.............................over 350%

Industrial & Commercial-including schools & government buildings......................over 450%

Since 1970, this National Inflation Rate was 274%

Our state and national ecomony demands that we need to bring and hold energy costs down if we are going to regain the lead as an industrial state and nation.

We need look back only a few years ago to point out that one of the prime factors which made our local industry and our national economy strong was inexpensive energy. (TVA, REA and Hydro-power generation such as the Hoover Dam and others.)

Inexpensive energy historically maintained our national in the forefront of the industrial world (which means jobs) and energy continues to control the world we live in. From the coal mines and the first oil well in Pennsylvania to the terror of the atomic bomb that forty years ago ended World War II, to our needs today, energy has a direct impact on you and me.

Uncontrolled utility costs as we have experienced over the past fifteen years have been highly inflationary to all public sectors of our economy and have been responsible for tax increases to maintain all levels of the government; municipalities, county, state and federal as the cost of lighting, heating and air-conditioning of office buildings and other facilities go up. Inflationary utility costs (rate increases) have far outpaced tax increases intended for improving schools and hospitals, thereby, taking away monies needed to improve education, teachers salaries, and improve hospital care not to mention the impact on our elderly on fixed social security incomes.

My goal as a Public Service Commissioner will be to get a handle on the energy inflationary spiral so that in the 1990's and beyond we will continue to have available affordable utilities that were developed for us in the forms of electricity, natural gas, telephone service and transportation services.

Let me help by electing me to the South Carolina Public Service Commission.

Thank you,
John E. Bartus
310 Vesper Circle
Mauldin, S.C. 29662

After encouragement from the private as well as public sector, I am seeking the position of Public Service Commissioner. I have a keen desire to understand more fully the operations of the utility area. I can bring to this position the following:
1.     A very broad background of business experience in all areas of management. My background is in the textile machinery manufacturing area and over the years I have been involved with the utilities and transportation companies in making sure we were efficient in all areas.
2.     An understanding and compassion in dealing with people at all levels, from the machinist in the shop to the President of the company. I genuinely care for and enjoy working with people.
3.     An ability to take information from all sources, assembly and analyze and make clear and balanced decisions by utilizing my indepth financial training and job experience.
4.     No preconceived ideas of drastic change or no prejudices for or against any particular area, but an open mind to learn and accept the challenge and have an opportunity to be of service to the people in District 4 and the entire State.

My name is Cecil A. Bowers, and I would like to take this opportunity to thank you, Mr. Chairman, and the other members of the Joint Committee for allowing me to appear before you today.

I would like to share with you some background information for the benefit of those of you who may not know me.

I was born, raised and attended school in Cassatt, a small community in Kershaw County.

In 1944, I joined the Marine Corps which provided me with the opportunity to serve my country during World War II. My discharge states that I participated in the assault and capture of Okinawa, 300 miles south of Japan, in April, May and June, 1945.

My real business world started over 40 years ago as a radio broadcaster. Twelve years prior to coming to the Public Service Commission in 1982, I had been a part-owner and the general manager of an A.M. and F.M. radio station in Camden. I also had the privilege of being elected Coroner three times by the citizens of Kershaw County.

You might ask why I am seeking the position on the Public Service Commission. At the time that the present term ends, if fortunate enough to be allowed to serve a second term, I would carry four years of very educational experience into office, four years as a Commissioner with the final two served as Vice Chairman of the Commission. If allowed to continue to serve on the Commission, it is probable and my fondest hope that my fellow commissioners would move me up in the chairs and the next two years would be served as Chairman. Also, since becoming a Commissioner I have actively participated in the conferences, conventions and seminars of both Southeastern Association of Regulatory Commissioners (SEARUC) and the National Association of Regulatory Commissioners (NARUC). I have also studied publications and other materials received from these and other services which have broadened and enhanced my understanding and knowledge of the decisions and actions of other commissions in our southeastern region as well as throughout the entire nation. Second, I think my previous role as owner and general manager in the field of radio has opened up avenues of negotiations, education, knowledge of communication about electronics, and certainly the ability to administer the affairs of myself and others in an honorable manner.

If I had to ask myself what special qualifications I have to become a commissioner, in addition to my experience and prior service, my answer would be my philosophy about people and business. I have always, and still adopt the philosophy that we must always be mindful that with certain responsibilities come certain rights. Not only are we responsible for our own actions, but have the responsibility of considering the rights of others as well. Indeed, when the rights and desires of one individual or group conflict with the rights and desires of another individual or group, it is through the consideration of all concerned parties that a solution may be attained. I think this is what I have accomplished as a coroner and as an owner and manager of a radio station and later as a member of the Public Service Commission. If I am re-elected to the Public Service Commission, I shall always be mindful of the rights I possess as a citizen and the responsibilities that accompany them as a Commissioner.

As to suggestions that I could offer to improve the operation of the Commission, I would like to say that the present Commission is composed of a talented group of individuals. With this in mind, I would continue to interact and react with the commissioners in an informal manner and study all available information in order to make as many valid and reasonable decisions as possible. I believe that the Commission is on the right track and improvements have been made and will continue. Our staff is excellent and we seek to continually improve.

I do believe that both consumers and utilities are being treated fairly by the present Commission. Utility rates seem to have stabilized to a degree and I foresee a period of decreased activity in the area of rate increase requests.

I would also like to say to each of you, I really appreciate your humanistic approach toward each applicant in setting an environment in which each applicant can perform at his best. This cannot be underestimated: thank you for your concern for me and the others.

Cecil A. Bowers

I feel that as a result of my education and work experiences that I am uniquely qualified to perform the duties of the Public Service Commissioner from the Fifth Congressional District. My schooling and work experiences have provided me with a universal management background instead of a narrow specialist concept. I am no stranger to the decision making process and am a firm believer that although authority can be delegated, responsibility cannot. My military experience has provided me with the knowledge and the ability to make decisions based on clear, complete, and concise information. My years spent with Milliken & Co. fine-tuned my awareness for continuous cost control and cost reduction, along with the importance of cost factors within any business. My years with Duro Products, Inc. have given me the unique position of being able to evaluate first-hand the effects of commission decisions from the view of an individual consumer and a corporate entity.

In a time when our manufacturing economy is under assault from all sides, it may serve the commission well to have a commissioner with my background and related work experiences. Contained herein is a brief synopsis of the background qualifications which I believe uniquely qualify me to perform the duties of a Public Service Commissioner.

EDUCATION:     B.S., Business Administration

Presbyterian College, 1962

MILITARY

SERVICE:     1962-1970, U.S. Army

Rank: Captain

AWARDS AND

DECORATIONS:     Bronze Star Medal

Air Medal

Army Commendation Medal

Combat Infantryman's Badge

Expert Infantryman's Badge

National Defense Service Medal

Vietnam Service Medal with four

bronze service stars

Vietnam Campaign Medal

BUSINESS

BACKGROUND:     1970-1978, Textile Management

with Milliken & Company

1978 to present, President,

Founder, Co-owner

Duro Products, Inc.

A commission composed of individuals with balanced, well-rounded educations and background experiences can issue decisions which will create cost effectiveness plus balanced prices.

Donald W. Stewart
2/13/86

I feel privileged to have served on the Public Service Commission for almost six years.

This has been the most challenging, the most interesting and the most rewarding job I have ever had and I thank you for sending my name to the members of the General Assembly in 1980 and again in 1982.

Not everyone has the opportunity to work so closely with all the people of South Carolina -- people who are directly affected by every order we issue.

I confess that it is rather disquieting to know that our decisions affect every one where it hurts most - in the pocketbook. It is an awesome responsibility!

This responsibility is a dual one in that we are mandated by statue to protect the financial integrity of the utilities and to allow them to earn a fair return on their investments. And still maintain affordable rates for the consumer. I can say to you this morning that I am proud of our decisions and I sincerely believe that the ratepayers and the utilities have been fairly served.

When I was first elected, our image, rated on a scale of one to ten, was probably minus five! However, this was at a time when the prime rate was soaring, there was double digit inflation, fuel costs had risen to unprecedented heights and electricity rates were rising accordingly. One could actually feel the animosity when the PSC was mentioned. Fortunately, the economy has improved and utitlity rates have apparently stabilized. We no longer have the large, boisterous groups of protesters at our hearing and I think that those who do appear before us to air grievances have come to realize that we do listen and that we do care.

Our commission has been a leader in meeting head-on complex questions that have arisen in the field of telecommunications since Judge Green's decision. Many of our decisions have been adopted by other states and I was recently invited to speak on this subject at the Public Utilities Conference at the University of Georgia which was attended by Commissioners and leaders of industries from all of the southeastern states.

I do say there is room for improvement. There always is. I would like for us to have more computer capacity in our accounting department.

Adequate capacity would enable our staff to do our own cost-of-service studies and would greatly speed up our annual reports, audits and the like. Our time frame for deciding a rate case has been substantially reduced and more computer capacity would certainly benefit both the staff and the commission.

I appreciate the opportunity to appear before you again and assure you that if elected I will continue to be responsive to all of the people of South Carolina.

Caroline H. Maass
February 12, 1986

Members of the Joint Committee of the General Assembly, Ladies and Gentlemen:

I appreciate the opportunity to appear before you as a candidate for membership on the South Carolina Public Service Commission, and I am grateful to the Merit Selection Panel Members for giving me this opportunity.

My name is Flynn Menius. Menius is spelled M-E-N-I-U-S. The accent is on "Me" and the "i" is silent. I am a native of New Bern, North Carolina, but I have lived in Hartsville, South Carolina for the past 34 years. The name Menius is Swiss and my ancestors were Swiss, German, Scotch-Irish and English. I have never joined the Sons of the American Revolution, but I meet their eligibility requirements on both the paternal and maternal sides of my family. I have never joined Mensa, but I meet their eligibility requirements also.

I am an Electrical Engineer - a Registered Professional Engineer in four states. I am currently Corporate Electrical Engineering Group Leader for Sonoco Products Company with responsibility for the electrical systems of nearly 100 industrial plants from coast to coast in the continental United States and with occasional foreign activity. I have a Bachelor of Electrical Engineering Degree from North Carolina State University and a Master of Business Administration Degree from the University of South Carolina.

My qualifications for the position of Commissioner on the Public Service Commission are spelled out in detail on my application. I have education and/or experience in Business, Government, Accounting, Law, Engineering, Statistics, Consumer Affairs, Finance, Transportation and the Military.

When I appeared before the South Carolina Public Service Merit Selection Panel, I presented them with three documents selected to tell them certain things about me as a person. The first was a couple of Xeroxed pages from one of my photograph albums, showing groups of boys that I have taken on week-end outings. Most of the children were white, but some were black and one was and American Indian. This was to show that I was not prejudiced because of race. The second was a letter whereby I recommended that Mrs. Benge be selected as Superintendent of the Nazareth Children's Home located near Salisbury, North Carolina, a position that had been held by men for the previous 80 years of the institution's existence. This was to show that I am not prejudiced because of sex. As a sequel to this, Mrs. Benge was named Superintendent during the last meeting of the Board of Managers of the Home held last month. The third item concerned a young burn victim that I happended upon by chance and was able to get back to Shriners Crippled Childrens Hospital for further treatment. The Hospital had unsuccessfully searched for him for many months.

The direction that my own life has taken was determined most by two incidents that happened to me while I served in the United States Signal Corps in Europe during World War II.

First, the girl I expected to come home to marry, married someone else while I was overseas. I was very much in love, and it took me many years to get over it. While I still hope for the opportunity, I have never married. Because I love children and wanted some to call my own, I have adopted and raised three sons and have been a foster father to six other boys.

The second incident occured in 1945 in Germany. I was Adjutant of the 3160th Signal Service Battalion, the largest separate battalion in the European Theater of Operations. We were divided into small detachments scattered all over Europe and were given the task of rehabilitating and converting to Allied military use, the French PTT, the Belgium RTT and the German Reichpost, their equivalent to our Bell Telephone System. The war was moving very fast. Germany was collapsing, and we were hard pressed to provide long distance wire communications with front line units. None of us at Battalion Headquarters in Frankfurt had had any sleep for three or four nights. It was necessary to take a replacement officer to our unit at Koblenz. The German Repeater Station there was underground with the location known only to a few people. Since everyone at headquarters was dead-tired, I decided to make the trip, rather than send someone else. Because it was night, and the road was bad in places, it took us three hours to drive the 70 miles to Koblenz.

I started back alone in the open jeep with a canvas top. I had to fight to keep awake. I held my head outside the windshield and let the wind blow in my face. I kept slapping my face and I would stretch and talk out loud to myself. I dared not stop to take a nap - there were too many snipers around. And then, when I was about 17 miles from Frankfurt, I didn't feel sleepy any more. No wonder, I was asleep. The next thing I knew, the jeep was running down a high embankment on the autobahn and there was a big tree right in front of me. I jerked the steering wheel and almost missed, but the right front wheel struck the tree. Another tree was coming up dead ahead. I tried to steer around it, but the front axle was broken, and the jeep wouldn't turn. I tried to jump out but only had time to turn sideways in the jeep before it struck the tree. The tree was hit so hard that the two ends of the front bumper met each other around the tree, and the two headlights were like eyes looking at each other. My chest hit the steering wheel, bent it against the steering column and bent the steering column against the dashboard. One knee struck the windshield and bowed it out, in spite of the metal reinforcing strip in the middle, and the other knee knocked the transfer case out of the bottom of the jeep. There was absolutely no way that a person involved in such a wreck could have escaped alive, and I knew it. But I was alive. Not only that, I was not even hurt. I crawled out of the wrecked jeep - it took two wreckers later to pull the jeep loose from the tree - and I got down on my knees and prayed. I said "GOD, I know that you have saved my life for something special. I don't know what it is, but I will keep looking for it. I've tithed since I earned my first dollar, but now I will give you at least ten percent of my time too." I have kept that promise. At first it was a chore, but it wasn't long before the time I spent doing something for others that I didn't have to do, became the most enjoyable part of my life. I recommend it as a way to make life more fun.

I am still looking for my big task in life. Maybe there isn't one. Maybe my task was to be something small now and then.

Being a member of the South Carolina Utilities Commission had never crossed my mind, until I read the notice soliciting candidates in a local newspaper last September. Then, it seemed to me that I had spent my entire life training for this position. I felt compelled to apply.

I would like to be a Public Service Commissioner. I am confident that I could and would do a creditable job. Quite frankly, I would personally rather become a Commissioner two years or even four years from now. It will take me two years to complete my goals at Sonoco, where I am now employed. I have two children in college and a third, who has dyslexia, in a boarding high school. The position I would have to give up pays about a third more than the one I seek, so it would be a financial sacrifice for me to accept the position of Public Service Commissioner. I told this to the South Carolina Public Service Merit Selection Panel too, and they submitted my name to you anyway.

I now wait on your decision and that of the General Assembly with the faith that whatever happens will be best for me and best for the good people of our great State of South Carolina.

Thank You
E. Flynn Menius, Jr.

If I am elected to the Public Service Commission, I will dispose of the 100 Shares of Carolina Power and Light Company Common Stock, which I own, either by selling it, or by donating it to an eleemosynary organization, depending upon my personal financial circumstances at the time.

E. Flynn Menius, Jr.

The Public Service Commission (PSC) of our State is one of the greatest responsibilities of any State's entity. The decisions and work of the PSC touch the lives of virtually every citizen of our State. Every citizen of South Carolina who pays a utility or phone bill, who depends on public transportation, is affected by the work of the PSC.

The PSC also, greatly impacts on some of the larger industries in the State of South Carolina, affecting their margin of profit, bond rating, and adequacy of premium, in relation to a given service that these businesses provide to the people of South Carolina and their continued operation.

Since the PSC is so important to our people and our industries, it follows then that only the most responsible, qualified, and honest should be elected by the General Assembly to serve in this so very necessary capacity.

I first became aware of the PSC's function in 1977 when I owned the Summerville Taxi Cab Company. Since then I have had some concern for how, if possible, the PSC could assist the many small businesses in South Carolina. To greater growth and prosperity. My major platform for seeking a position on the PSC is "What can the PSC do to help the small businessman of South Carolina?" South Carolina is a State that depends heavily on the small businessman. Perhaps the PSC should concern itself with giving some relief to this important part of South Carolina's industry.

My second concern is what can the PSC do to encourage the major industries that serve the people of South Carolina do to develop a better public image of the fair deal with the rates for a particular service. Also, the public needs to feel that these providers of our services are concerned about them. For example, the major public transportation facilities (city bus) could provide shelters at bus stops, or return something to the public that would present a better public view of the provider of services.

In overview, I feel that the PSC has done an adequate job of saving the interest of the people of South Carolina. My text here is certainly not a criticism of the PSC, I'm not knowledgable enough to cast dispersions, however, my feeling is that we must move ahead with new ideas to meet the future needs of our citizens.

Aaron A. Brown
Candidate for PSC at Large
P.O. Box 925
Summerville, SC 29484
2/14/86

February 25, 1986

Senator Donald Holland
Gressette Senate Office Building
P. O. Box 142, Suite 211
Columbia, SC 29202

Dear Senator Holland:

As a candidate for the Public Service Commission of South Carolina, please be advised that if I am elected to the Public Service Commission, I will sell my Bell South Stock holdings which is less than 100 shares of Common Stock.

Sincerely,
Aaron A. Brown, CLU
Candidate at Large, Public Service Commission

Senator Holland and other distinguished members of the Committee, the South Carolina Energy Office has estimated that South Carolinians spent $8 Billion for energy in 1985 and that 85 percent of that amount left the state's economy. This represents an outflow of personal wealth, business profits, investment capital, and tax revenues equaling over twice the entire state government budget. A significant percentage of this outflow was for debt service on central-station electric plants. Large electric plants are among the most capital intensive and least labor intensive investments in the entire world economy.

It's time to reorient our state's energy investment patterns away from our traditional approach of importing fuel from outside the state and building these extremely capital intensive plants. By investing in South Carolina's own tremendous potential for conservation and proven alternative energy resources, such as wood and wood byproducts, waste-to-energy facilities, small scale hydropower, and alcohol fuels, we can keep hundreds of millions of dollars in our state's economy and keep and create many jobs. Moreover, efficiency supplies, as they are often called, are often cheaper and can be brought on-line more quickly than large power plants.

In short, the PSC and the utilities can be powerful engines for promoting economic growth from within the state. Currently, the PSC merely reacts and sets rates. I urge you and the other members of the General Assembly to use your influence over the PSC in a positive way and help us realize South Carolina's potential for sound economic progress in this key area.

Mr. Chairman--Members of the Joint Committee:

I am Rudolph Mitchell, and I reside at Route 1, Saluda, South Carolina.

I graduated from high school in 1943 and entered the army in 1944. After serving in World War II, in Germany, I was honorably discharged in 1946.

I am married to Lenora Werts Mitchell and we have two children; Molly and Randy.

I was elected to the House of Representatives in 1972 and served in that capacity for eleven years. During my tenure of service in the House, I was elected Chairman of the House Agriculture and Conservation Committee.

In 1972 I was elected to the South Carolina Public Service Commission, serving as the Chairman in 1975 and 1980-81. I have been a member of the Commission for 12 years.

I am a member of the National Association of Regulatory Utility Commissioners (NARUC) and the Southeastern Association of Regulatory Utility Commissioners (SEARUC).

I am a member of the Hickory Grove Advent Christian Church, presently serving as the Sunday school superintendent.

In 1981 I attended the Administrative Law School at the University of Nevada and completed a course at its Judicial College.

It has been a pleasure and privilege for me to serve the people of South Carolina, while on the Commission, and I have always attempted to deal honestly and fairly with everyone.

Rudolph Mitchell

Received as information.

The following was received.

TO:     The Clerk of the Senate

The Clerk of the House

FROM:     Thomas E. Smith, Jr.

Chairman, Judicial Screening Committee

DATE:     March 4, l986

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Thomas E. Smith, Jr.
Chairman

Sen. John A. Martin
Sen. Isadore E. Lourie
Sen. Glenn F. McConnell
Rep. Solomon Blatt
Rep. James M. Arthur
Rep. D. Malloy McEachin, Jr.
Rep. Joseph F. Anderson, Jr.

Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.

The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.

The Honorable George T. Gregory, Jr., Associate Justice of the South Carolina Supreme Court was the only candidate who applied to run for his respective seat and was unopposed. This term will expire on July 3l, l996.

The following Circuit Court Judges are running for reelection to their respective seats and are unopposed:

Candidate     Circuit
Hon. John Hamilton Smith     First
Hon. Rodney A. Peeples     Second
Hon. Dan F. Laney, Jr.     Third
Hon. C. Anthony Harris     Fourth
Hon. Don S. Rushing     Sixth
Hon. Thomas L. Hughston, Jr.     Eighth
Hon. William B. Traxler, Jr.     Thirteenth
Hon. Sidney Thomas Floyd     Fifteenth
Hon. Robert Lawrence McFadden     Sixteenth

H. Dean Hall was the only candidate who applied to fill the unexpired term of the Honorable Fox B. Cahaly, Family Court Judge of the Tenth Judicial Circuit, Seat 3. This term will expire on February 29, l989.

Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.

The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on February 27, l986, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.

The candidates were present at the screening and testified under oath.

Screening before the Joint Screening Committee to review candidates for judgeship positions for Associate Justice, South Carolina Supreme Court, and for the terms of Circuit Court which will expire on June 30, 1986, and for the terms of Family Court which will expire on February 29, 1989, held in the third floor Senate Conference Room, South Carolina State House, Columbia, South Carolina, on February 27, 1986 commencing at 9:30 a.m.

Members of the Committee in attendance:

Senator Thomas E. Smith, Jr., Chairman

Senator John A. Martin

Senator Glenn F. McConnell

Representative James M. Arthur

Representative D. Malloy McEachin, Jr.

Representative Joseph F. Anderson, Jr.

Senator Smith: I am going to call this Committee to order. The Screening Committee is convened pursuant to Act 119 of 1975 which requires a review of candidates for judicial office. The function of the Committee is not to choose between candidates but rather to declare whether or not the candidates who offer for positions on the bench are in the Committee's judgment qualified to fill the position.

The inquiry which we made is a thorough one. After public notice of the vacancy or the expiration of the judge's term we complete a complete personal and professional background check on every candidate. The candidate is investigated by the South Carolina Law Enforcement Division including examination of records in the Courthouse. A statement of economic interest is required for each candidate. We receive a credit report. We receive a report from the Board of Commissioners on Grievances and Discipline with respect to attorneys and judges who are offering and from the Board of Commissioners on Judicial Standards with respect to sitting judges.

The candidate's personal data questionnaire details his personal history, health and professional experience and contains five letters of reference.

We are here at this time for the purpose of examining a candidate for the vacancy on the South Carolina Supreme Court to succeed himself and notice of vacancy was publicy noticed and no candidate has come forward other than Mr. Justice George T. Gregory, Jr. No citizen has asked to be heard with respect to his candidacy. I would now ask you, sir, if you would raise your hand and take the oath.

WHEREUPON:

George T. Gregory, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Your Honor, in the interest of time my office has prepared a summary of the Personal Data Questionnaire. Have you had a chance to look at it and review it?
A.     I have.
Q.     Is it correct as far as you can see?
A.     It seems to be.
Q.     Is there anything in there that needs clarification?
A.     I think not.
Q.     Do you have any objection to making this summary a part of the record in the Journals in the House and Senate as your sworn testimony?
A.     I do not.

1.     George T. Gregory, Jr.

Home Address:     Business Address:

McLure Woods Drive     P. O. Box 99

Chester, SC 29706     Chester, SC 29706

2.     He was born in McConnellsville, South Carolina on December l3, l92l.

Social Security Number: ***-**-*****
4.     He was married to Willie Elliott on December 27, l95l. They have 2 children: George T., III, age 3l (Accountant in Atlanta, Georgia) and William E., age 29 (Technical Writer for SCE&G).
5.     Military Service: None
6.     He attended the University of South Carolina from l939-l944. He received his AB Degree in l943 and his LLB Degree in l944.
8.     Legal Experience since graduation from law school:
He was in the general practice of law in Chester, South Carolina from l944-l956.
l5.     Judicial Office: Recorder, City of Chester - He was elected by the Mayor and City Council. Served l946-l950. The jurisdiction of Recorder Court was limited to the Ordinances of the City of Chester. Resigned to offer, successfully, as candidate for the House of Representatives.
Circuit Judge - He was elected Judge of the Sixth Judicial Circuit February 8, l956; qualified March 29, l956. He served until elected Associate Justice of the Supreme Court of South Carolina on May 5, l975; qualified October l, l975.
Associate Justice, The Supreme Court of South Carolina from l975 to present.
l6.     Public Office: Elected to House of Representatives in l950. He served from l95l-l952. He was married on December 27, l95l and did not offer for reelection. He was again elected to the House of Representatives in l954. He served from l955-March 29, l956 when he resigned to qualify as Judge of the Sixth Judicial Circuit.

23.     Sued: He has not been sued personally. However, he has been joined as a nominal party to suits against the State by virtue of his positions of Circuit Judge and Supreme Court Justice. The Attorney General's Office has routinely defended these suits without his involvement and would know the details.
25.     Health is good.
27.     He was stricken with polio in l924.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Civic: Chester County Chamber of Commerce and Chester Little Theater; Charitable: Chester Area United Fund; Religious: First Baptist Church, Chester; Educational: U.S.C., A.B.A.; Social: None; Fraternal: Phi Alpha Delta Law Fraternity
34.     Five letters of reference:

(a)     Ladson F. Stringfellow, Vice President

Southern Bank & Trust

P. O. Box l0, Chester, SC 29706

(b)     Honorable J. B. Ness, Chief Justice

P. O. Box 909, Bamberg, SC 29003

(c)     H. M. Stone, M.D.

P. O. Drawer 749, Chester, SC 29706

(d)     Dr. James L. Jackson, Pastor

First Baptist Church

College at Church Street, Chester, SC 29706

(e)     Paul Hemphill, Jr., Esquire

P. O. Box 838, Chester, SC 29706

Q.     Judge Gregory, your credit is reported as satisfactory. By "satisfactory" I mean that is the way they say it is satisfactory. We all know that it is better than that.
A.     How can it be better than that?
Q.     Satisfactory is apparently as good as you can do with them.
A.     You all are responsible for that.
Q.     The Chester County Sheriff's Department has been contacted and they have a negative report on you. The Chester City Police Department has a negative report on you, and I assume that Chester is still your county of residence, so if there were any records up there, that would be where they would be, is that correct?
A.     They would be if I haven't swiped them.
Q.     The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls of Chester County, your Clerk of Court's office there are negative. The Board of Commissioners on Judicial Standards has administered no sanctions and there are no investigations pending against you. The Board of Commissioners on Grievances and Discipline report that as far as they are concerned no complaints or charges of any kind have ever been filed against you.

Your statement of economic interest is in order without any indication of any conflicts, so, everything seems to be in order.

Judge, I would just like to ask you, and perhaps this is an unfair forum to do it but we don't often have a chance to sit down on the record and talk about how things go, but my personal opinion is that in the last months that there has been a decided spirit of cooperation and working together between the legislative branch and the court, particularly the Supreme Court. I am delighted with that development. Is my attitude about that wrong or is there a different approach to the way we do our work together?
A.     I think there is no different approach from the members of the Supreme Court now and the years past. It may have been with others but none certainly with those who are present on the court now. All of us who are now sitting have that same spirit of cooperation insofar as we are concerned.
Q.     I find it delightful and I think in the best interests of the State. Judge, I have no questions. Do any members of the Committee have any questions of Judge Gregory?

Representative Arthur: I am honored to say that I have known Judge Gregory for many years and I have served with him in the House.
A.     Two of your committee members were present when I was elected some thirty-plus years ago.

Senator Smith: Judge, I read somewhere that there are two measures of positive achievement in a person's life; one is success and the other is excellence. I want to say that your career exemplifies both of those measures.
A.     I appreciate the opportunity to serve these past thirty years and it's been most rewarding and I love what I do. I am thoroughly happy to have been a member of the judiciary in this state during this period of time.

Senator Smith: Any other members of the Committee?

Senator Martin: I would like to say with these complimentary remarks I imagine he will be back for a screening again.
A.     And it won't be long.

Senator Smith: Judge Gregory, let me say, and for the other members of the bench that are here, is that the way we will do this is we will go through our screening today with the candidates and we will meet in executive session and decide the qualifications and it will be published in the Journal and the election we want to suggest the date of March l9th for the elections because there has to be a period of time. We have to get the transcript and we have to publish it in the Journal and circulate it and then, of course, have time to set the election, so we will look forward to seeing you at that time.
A.     May I ask a question?

Senator Smith: Yes.
A.     If we all pass muster with the Screening Committee, will you nominate all of us as a group?

Senator Smith: I will be delighted to.
A.     There is really no other candidate.

Senator Smith: I have a letter prepared that hasn't gone out yet to say to all the bench that if that is your wish, I would be delighted. There may be one or two of you that would like to have some special nomination and if that is the case, we will make arrangements for that.
A.     This is the eighth or ninth time I have been nominated and I will be very happy to do whatever is most convenient.

Senator Smith: You think all the good things have been said? I doubt it, but we will be delighted to do that. We will work with everybody on that.
A.     Thank you, sir.

(Judge Gregory was excused.)

Senator Smith: I am going to carry over John Hamilton Smith because he is obviously not able to be here and I wrote him a letter, but rather than to take the time of all the bench we will take that one up later. He is rather busy and we have a letter from him this morning.

Judge Peeples, come around and be sworn. We are now where we are gathered for the purpose of examining the candidacy for the vacancy on the Second Judicial Circuit. The notice of the vacancy was publicly made and no candidate has come forward other than The Honorable Rodney A. Peeples of Barnwell, South Carolina and no citizen has asked to be heard with respect to your candidacy, so I will now ask you to raise your hand and take the oath.

WHEREUPON:

Rodney A. Peeples, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge, have you had an opportunity to review what we call the Personal Data Questionnaire Summary?
A.     I have.
Q.     Is it correct so far as you know?
A.     It is.
Q.     Is there anything we need to clarify or add to that summary?
A.     No, sir.
Q.     Would it be agreeable with you, would you have any objection to making this summary a part of the record as your sworn testimony?
A.     Certainly, no objection.

1.     Rodney A. Peeples

Home Address:     Business Address:

ll6 Fairway Lane     P. O. Box 426

Barnwell, SC 298l2     Barnwell, SC 298l2

2.     He was born in Hampton County, South Carolina on January 8, l940.

Social Security Number: ***-**-*****
4.     He was married to Claudia Waites on August l2, l962. They have 2 children: Janie Glenn, age 20 and Katie Waites, age l6.
5.     Military Service: N/A
6.     He attended the University of South Carolina from l958-l96l (received Bachelor of Science in Business Administration) and the University of South Carolina School of Law from l96l-l964 (received Juris Doctor in Law).
8.     Legal Experience since graduation from law school:

(March l, l964 to December 5, l974) Partner with law firm of Blatt, Fales and Peeples, Barnwell, South Carolina; (December 5, l974 to present) Resident Judge, Second Judicial Circuit, State of South Carolina.
15.     Judicial Office: Elected Judge of Second Judicial Circuit on February l3, l974, to fill the unexpired term of Judge J. B. Ness (elected to Supreme Court); qualified December 5, l974, serving continuously since without opposition.
23.     Sued: About 7 years ago he sentenced Bobby Arthurs in criminal court to 9 years in jail, and Arthurs brought a pro se action against him alleging that Judge Peeples had called him a "bad guy" in court and sought $3,000,000.00 in damages. The case was dismissed on summary judgment.
About six years ago a woman named Hiers had pro se sued Judge Peeples and his former law partner, Judge Blatt, alleging he had certified the number of acres in a tract of land to be more than it actually was. They had only certified the title, not acreage, and the case was dismissed.
On November l5, l985, Judge Peeples accepted service of a lawsuit against himself and the 4 other partners in PPS Partners, which own a shopping center in Sumter, South Carolina. At issue is the interpretation of an option to sell a lot of land with a filling station thereon in a shopping center in Sumter, South Carolina. The lease with the option that is in contest was entered into on September 9, l963, between the Plaintiff and prior owners of the shopping center, as Judge Peeples' partners and he bought the shopping center in l982. The lawsuit is pending in the Sumter Court of Common Pleas (C/A 85-CP-43-88l) and is captioned Charles W. Norsworth vs. Rodney Peeples. There are no damages being sought or any alleged wrongdoing by any of the parties, but rather a legal interpretation as to the option language "subject to sale of shopping center as a whole."
24.     Disciplined: None except for several complaints to the South Carolina Judicial Standards Commission by disgruntled and unsuccessful litigants or Defendants sentenced to incarceration in criminal proceedings of which none required any investigation as each were deemed unfounded and summarily dismissed.
25.     Health is excellent.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Mason (Harmony Lodge #l7 AFM), Barnwell Lions Club, First Baptist Church, Sweetwater Country Club, Houndslake Country Club, The Summit Club
34.     Five letters of reference:

(a) John J. Sanders

Vice President, C & S National Bank of S.C.

P. O. Box l347, Barnwell, SC 298l2

(b) Honorable James G. Fickling

Clerk of Court

P. O. Box 723, Barnwell, SC 298l2

(c) I. S. Leevy Johnson, Esquire

P. O. Box l43l, Columbia, SC 29202

(d) Honorable Robert E. McNair

P. O. Box ll390, Columbia, SC 292ll

(e) Morris D. Rosen, Esquire

P. O. Box 893, Charleston, SC 29402

Q.     In reviewing your file your credit is satisfactory. The records of the Barnwell County Sheriff's Office and the City Police Department of Barnwell are negative. The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls of Barnwell County are negative and I would assume that if there was anything of record that it would be in Barnwell County, is that correct, sir?
A.     Yes.
Q.     That is still your county of residence?
A.     Yes, sir.
Q.     The Board of Commissioners on Judicial Standards has reported to us that they have administered no sanctions and no investigations are pending and there are no records of reprimand. I might say that this is true of all the candidates we have before us today. The Board of Commissioners of Grievances and Discipline report that as an attorney no complaints or charges of any kind were filed against you. Your Statement of Economic Interest is perfectly satisfactory. There are no indications of any interests which would affect your duties as a judge.

Judge, in all fairness, you have indicated in your Personal Data Questionnaire Sumary that someone you sentenced brought suit against you and it was dismissed and I think that needs to be said. Any suits that have been filed against you have all been in your capacity as a member of the bench, have they not?
A.     That is correct, except there is one presently pending in a civil action.
Q.     It in no way interferes with your duties on the bench though?
A.     Certainly not. It involves an interpretation of a lease that was entered into in 1963 on some real property in which I was a partner that was purchased in 1963. No damages are being sought but merely a legal interpretation as to an option clause in the lease.
Q.     No question of any wrongdoing by any of the parties?
A.     No, sir.

Senator Smith: That is all I have. Any members of the Committee?

(No questions by Committee members.)

Senator Smith: The Honorable Dan F. Laney, Jr. We will now examine the candidate for the vacancy on the Third Judicial Circuit. The notice was publicly noticed and no candidate has come forward other than Judge Laney. No citizen has asked to be heard with respect to his candidacy, so I will ask you to raise your hand and take the oath.

WHEREUPON:

Dan F. Laney, Jr., being duly sworn and cautioned to speak the truth, the whole truth, and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge Laney, it's Dan F. Laney, Jr., and you still reside in Bishopville, is that correct?
A.     That's correct.
Q.     Have you had a chance to review the summary of your Personal Data Questionnaire that my staff has prepared?
A.     Yes.
Q.     Is it correct as far as you know?
A.     As far as I know it's correct.
Q.     Anything that needs clarification?
A.     No, sir.
Q.     I want to make sure that we don't leave anything out that ought to be included.
A.     I think it's correct.
Q.     You haven't had any more ulcers since 1979?
A.     No, sir.
Q.     No more problems?
A.     None at all.
Q.     Are you on medication for that?
A.     No.
Q.     Is there any objection then to making this summary a part of this record just as if it were your sworn testimony? It saves time.
A.     No.

1.     Dan F. Laney, Jr.

Home Address:     Business Address:

l2l Ridge Street     P. O. Box 504

Bishopville, SC 290l0     Bishopville, SC 290l0

2.     He was born in Bishopville, South Carolina on June l3, l93l.
Social Security Number: ***-**-*****
4.     He was married to Adville Baskin on April l0, l952. They have 4 children: Dan Foster, III, age 30 (Attorney at Law in Atlanta, Georgia); Marion Ellen Ey, age 28 (housewife); James Baskin, age 24 (student at the Medical College of South Carolina); Allen Nathaniel, age l9 (student at Gardner-Webb College).
5.     Military Service: (February, l955 until December, l957)
lst Lt. Judge Advocate General's Department, USAF, serving as Staff Judge Advocate of the 52and Fighter Group and the 35the Air Division
Serial Number: A02207808
Honorable Discharge: December, l957
6.     He attended The Citadel, l948-l952, (academic achievements: Gold Stars; Bachelor of Arts Degree, l954); The University of South Carolina, l952-l954, (LLB, June 7, l954; Magister Phi Delta Phi Fraternity; Honor Council; Wig & Robe; BNA Award and the Sapp Funderburk Award); The University of South Carolina School of Law, Degree of Juris Doctor, September 3, l970; The National College of State Trial Judges, University of Nevada, Certificate, 7/l7/70.
8.     Legal Experience since graduation from law school:
Upon graduation from Law School he practiced law in Bishopville for 8 months prior to serving in the United States Air Force as Staff Judge Advocate from l955 until December, l957 at which time he returned to Bishopville, South Carolina to practice the general practice of law in the firm of Lane and Laney from l957 until l964; and from l964 until l970, he practiced alone. He was elected Judge of the Third Judicial Circuit on January 27, l970, qualified on December 3, l970, and has been serving continuously since.
15.     Judicial Office: Circuit Judge, Third Judicial Circuit, elected by the Legislature on January 27, l970, qualified on December 3, l970, and serving continuously since with unlimited jurisdiction
l6.     Public Office: Elected to the House of Representatives and served from l960 until l970 at which time he was elected to the South Carolina Circuit Court
l7.     Unsuccessful candidate: He ran for the South Carolina House of Representatives in l958 and was defeated but ran again in l960 and was elected.
l8.     While practicing law he was president of The Peoples Bank of Bishopville from February 2, l963 until February 5, l972.
25.     Health is good.
26.     He was hospitalized in l979 for an ulcer.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Member of the First Baptist Church of Bishopville, South Carolina; Trustee of the First Baptist Church of Bishopville, South Carolina; Trustee of the Baptist College of Charleston; member of the Government Funds Evaluation Committee of the South Carolina Baptist Convention; Chairman of the Furman Subcommittee; member and past president of the Bishopville Lions Club
34.     Five letters of reference:

(a) Michael N. Epperson, Vice President

The National Bank of South Carolina

P. O. Box 427, Bishopville, SC 290l0

(b) A. S. Bahnmuller, Esquire

P. O. Box 2038, Sumter, SC 29l5l

(c) George C. James, Esquire

P. O. Box l7l6, Sumter, SC 29l5l

(d) Honorable John C. Land, III

P. O. Box l42, Columbia, SC 29202

(e) Honorable Ramon Schwartz, Jr.

P. O. Box ll867, Columbia, SC 292ll

Q.     I notice that your credit is reported as satisfactory. The Lee County Sheriff's Office and the Bishopville City Police Department have negative reports on you, meaning there's nothing of any criminal activity or any activity of any nature. The records of the South Carolina Department of Highways and Public Transportation are negative. The records in the Judgment Rolls of the Lee County Clerk of Court's Office are negative. I would assume if there was anything of record, it would be in that county. That is still your residence?
A.     That's correct.
Q.     The Board of Commissioners on Judicial Standards has administered no sanctions and no investigations are pending and they have no records of any reprimands. The Board of Commissioners on Grievances and Discipline report that as an attorney no complaints or charges of any kind were filed against you and there is certainly no conflicting ownerships, associations or transactions in your Statement of Economic Interest. You are enjoying serving on the bench obviously.
A.     Very Much.

Senator Smith: I have no further questions. Any members of the Committee?

(No questions by Committee members.)

Senator Smith: We are now at the point of examining the candidate for the vacancy on the Sixth Judicial Circuit. We are going to skip the Fourth. Judge Harris is on his way. The notice was publicly made. No candidate has come forward other than the Honorable Donald S. Rushing. Is it Donald or Don?
A.     Don.

Senator Smith: No citizen has been asked to be heard with respect to his candidacy. I ask you to raise your hand and take the oath.

WHEREUPON:

Don S. Rushing, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     As a former member of this committee you know how it goes. I will ask you have you had a chance to read the Personal Data Questionnaire Summary which we have prepared?
A.     I have.
Q.     Is it correct? Is there anything that needs any clarification or any change?
A.     No.
Q.     Is there any objection then if we just take this summary and make it a part of the record as your sworn testimony?
A.     None whatsoever.

1.     Don S. Rushing

Home Address:     Business Address:

604 Terra Lane(Arrowood)     P. O. Box 279

Lancaster, SC 29720     Lancaster, SC 29720

2.     He was born in Winnsboro, South Carolina on October 22, l944.

Social Security Number: ***-**-*****
4.     He was married to Elizabeth Ann McConnell on March 6, l965. They have 2 children: Nancy Elizabeth (Beth), age 20 and Anna Torbit, age l0.
5.     Military Service: None
6.     He attended the University of South Carolina from l963-l967 (received Bachelor of Science in Business Administration [Marketing]) and the University of South Carolina Law School from l967-l970 (received Juris Doctorate).
8.     Legal Experience since graduation from law school:

l970-l972, William and Parler (Lancaster)

l97l-l973, Municipal Judge for City of Lancaster

l972-l976, (Partner) Williams, Rushing & Goldsmith

l974-l976, Assistant Solicitor, Sixth Judicial Circuit

l977, Lancaster County Attorney

l977-May 3l, l984, (Partner) Thomas, Rushing, Goldsmith & Folks

June l, l984 to present, Resident Circuit Judge, Sixth Judicial Circuit
l5.     Judicial Office: Appointed Municipal Judge for the City of Lancaster (l97l-l973); elected Resident Judge for the Sixth Judicial Circuit (June l, l984), serving continuously
l6.     Public Office: South Carolina Senate, District 6, Seat l

Elected December, l979, served until May 3l, l984
l7.     Unsuccessful candidate: In l972 he was a candidate for the South Carolina House of Representatives.
23.     As a trustee of J. W. Evans Estate, one of the heirs brought suit to require distribution of certain monies. The case was dismissed in his favor.
25.     Health is good.
27.     He wears contacts.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Lancaster Rotary Club; Lancaster Chamber of Commerce; Jackson Masonic Lodge; Jackson Shrine Club; Hejaz Shrine Temple; Lancaster Cotillion Club; Lancaster Nine O'Clock Club; Lancaster Moose Club; The Summit Club
34.     Five letters of reference:

(a) Roy Small, III, Manager

Springmaid Federal Credit Union

ll Springdale Road, Lancaster, SC 29720

(b) Thomas W. Thomas, Esquire

P. O. Box 947, Lancaster, SC 29720-0947

(c) James Bradley, Consultant

The Springs Company

Drawer 460, Lancaster, SC 29720

(d) Charles A. Bundy

P. O. Drawer 460, Lancaster, SC 29720

(e) Paul E. Short, Jr., Esquire

l26 Main Street, Chester, SC 29706

Q.     Your credit is reported as satisfactory. The applicable law enforcement records are clear-- The Lancaster County Sheriff and Lancaster City Police. You reside in the city of Lancaster?
A.     (Judge Rushing nodding head affirmatively.)
Q.     She has to take this down; give us an answer rather than just nod your head.
A.     I do. I hate you had to say that, I chew people out all the time for that.
Q.     The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls in Lancaster are negative. The report from the Commissioners on Judicial Standards say there have been no sanctions administered against you and no investigations are pending, nor any records of reprimand. The Board of Commissioners on Grievances and Discipline report that as an attorney no complaints were ever filed against you. Your Statement of Economic Interest indicates some property which is--you also list your property but there is obviously none there that would have any conflict--residence and Christmas tree farm. How is the Christmas tree business?
A.     It's probably real good if we worked it a little more.

Senator Smith: That's all I have. Any members of the Committee?

(No questions by Committee members.)

Senator Smith: We will now proceed to examine the candidacy for the vacancy on the Eighth Judicial Circuit. The notice of vacancy was publicly made and no candidate has come forward other than The Honorable Thomas L. Hughston, Jr. No citizen has asked to be heard with respect to this candidacy, sir, and so I ask you to raise your hand and take the oath.

WHEREUPON:

Thomas L. Hughston, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge, it hasn't been long since we examined you, has it?
A.     No.
Q.     When was that? When were you last examined?
A.     It was almost exactly a year ago.
Q.     That is my recollection. Have you seen the Personal Data Questionnaire Summary?
A.     Yes, sir.
Q.     Is there anything that needs to be corrected or changed or clarified?
A.     No, sir.
Q.     Is there any objection on your part if we make this summary a part of the record as your sworn testimony?
A.     No, sir.

1.     Thomas L. Hughston, Jr.

Home Address:     Business Address:

2l5 Stanley Avenue     P. O. Box 683

Greenwood, SC 29646     Greenwood, SC 29648

2.     He was born in Spartanburg, South Carolina on July 25, l943.

Social Security Number: ***-**-*****
4.     He was married to Jeanne Greer on December 28, l968. They have 3 children: Karen Elizabeth, age l4; Jeanne Greer, age ll; and Mary Leslie, age 5.
5.     Military Service: He was in the Army Reserve while at The Citadel (l96l) - Honorable Discharge before graduation in l965 due to injury to the knee. Rank E-l; Serial Number: ER l4893l69
6.     He attended The Citadel from l96l-l965 (B.A. Degree) and the University of South Carolina School of Law from l965-l968 (J.D. Degree).
8.     Legal Experience since graduation from law school:
He was an associate with W. H. Nicholson, Jr. in the practice of law in Greenwood, South Carolina from l968-l972; a partner with Thurmond Bishop in law practice from l972-l982 with offices in Greenwood and Abbeville, South Carolina. He served as Municipal Court Judge for the City of Greenwood, South Carolina from l973-l975 and served as Public Defender for Greenwood and Abbeville Counties from l975 through l976. Also, on occasion he filled in for Judge of Greenwood County Civil & Domestic Relations Court when there was a need. He has been Resident Judge of the Eighth Judicial Circuit from April, l985 to present.
l6.     Public Office: He was elected to the S. C. House of Representatives in District No. l3 from l977 to April, l985.
23.     Sued: A few years ago a Defendant in an action brought to challenge a Will. He was a Defendant since he was named Executor under the Will being challenged.
24.     Disciplined: Several years ago a lady he represented as Public Defender filed a complaint with the Grievance Commission of the Bar Association. She said that he had refused to represent her. This complaint was dismissed after the initial investigation. Also, a gentleman he represented filed a complaint with the Grievance Commission stating that Judge
Hughston had not done what he told him he would do and had not been represented properly. This was dismissed after the initial investigation.
25.     Health is good.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Kiwanis Club; Red Cross; Boy Scouts; YMCA; Alston Wilkes Society; Lander College Senators Club; The Citadel Development Foundation; USC Educational Foundation; Connie Maxwell Children's Home Board of Trustees; First Baptist Church, Greenwood, South Carolina; Citadel Brigadier Club; S. C. Sheriff's Association, associate member; TPA; S. C. Mental Association; National Rehabilitation Association
34.     Five letters of reference:

(a) Leland P. Vaughn, Senior Vice President

S. C. National Bank

l06 N. Cedar Drive, Greenwood, SC 29646

(b) George W. Settles, Executive Director

Abbeville County Development Board

P. O. Box 533, Abbeville, SC 29620

(c) G. P. Callison, Esquire

P. O. Box lll5, Greenwood, SC 29648

(d) William Patrick, Esquire

P. O. Box l207, Greenwood, SC 29648

(e) Marvin R. Watson, Esquire

P. O. Drawer 799, Greenwood, SC 29648

Q.     Judge Hughston, is there any change from the last time you were examined by this committee?
A.     No, sir.
Q.     The indications about the Grievance Commission and that sort of thing was gone into thoroughly I believe as I recall.
A.     Yes. I listed it on there again. I listed it on there in two places, the two complaints that were made that were never--that never went beyond the initial stage so to speak. Again I listed those on there as I did last time.
Q.     I appreciate that. As I understand the way the Board of Commissioners on Grievances and Discipline does it, and their letter in your case says that no complaint has ever been filed against you. The way they operate is that if someone files one but it is never followed through, never proceeded with and obviously dismissed, they indicate a clear record, and they do indicate that in your situation. Your credit is reported as satisfactory. The records of the proper Greenwood County Police officials are negative. The South Carolina Department of Highways and Public Transportation records are negative. The Judgment Rolls of Greenwood County are negative. Greenwood County is still your residence, is it not?
A.     Yes, sir.
Q.     The Statement of Economic Interest indicates no conflicting ownerships, associations or transactions. The Board of Commissioners on Judicial Standards says, of course, that there are no reprimands or sanctions. Judge, you have been here a year. Tell us about it. Do you have any words of wisdom?
A.     It's a lot tougher job than I thought it was, I will tell you that.
Q.     You have enjoyed it?
A.     I have enjoyed it. It is a tough job.

Senator Martin: You sound like you are talking to the Finance Committee. (Laughter.)

Senator Smith: Any other members of the Committee, any comments or questions?

Representative Anderson: Do you still find time to do your officiating at football games?
A.     I'm still doing that. That is my hobby.

Senator Smith: If there are no other questions, thank you, Judge. We will now proceed to examine the candidate for the vacancy on the Thirteenth Judicial Circuit. Notice was publicly made. No candidate came forward other than The Honorable William B. Traxler, Jr. of Greenville, South Carolina. No citizen has asked to be heard with respect to his candidacy. I now ask you if you would raise your hand and take the oath.

WHEREUPON:

William B. Traxler, Jr., being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge, have you looked over the summary we have prepared?
A.     Yes.
Q.     Is it correct as far as you can tell?
A.     It seems to be.
Q.     Anything that needs to be added?
A.     No, sir.
Q.     Do you have any objection if we made that part of the Journals of the House and Senate as your sworn testimony?
A.     No, sir.

1.     William Byrd Traxler, Jr.

Home Address:     Business Address:

35 Craigwood Court     Room 3l6

Greenville, SC 29607     Greenville County

Courthouse

Greenville, SC 2960l

2.     He was born in Greenville, South Carolina on May l, l948.
Social Security Number: ***-**-*****
4.     He was married to Patricia Walden Alford on August 2l, l97l. They have 2 children: William Byrd, III, age 8 and James McCall, age 4.
5.     Military Service: USAR, l970-l978; lst Lieutenant; SSN ***-**-*****; Honorable Discharge, June l3, l978
6.     He attended Davidson College, l966-l970 (received B.A. Degree) and the University of South Carolina School of Law, l970-l973 (received J.D. Degree).
8.     Legal Experience since graduation from law school:
Private practice with William Byrd Traxler, Sr. (l973-l975); Assistant Circuit Solicitor, l3the Judicial Circuit (l975-l978); Deputy Circuit Solicitor, l3the Judicial Circuit (l978-l98l); Solicitor, l3the Judicial Circuit (l98l-l985); Resident Judge, l3the Judicial Circuit (l985 to present)
l5.     Judicial Office: Resident Circuit Judge, Thirteenth Judicial Circuit. Elected by General Assembly on May l, l985, qualified July l, l985, serving continuously since July l, l985.
l6.     Public Office: Circuit Solicitor, Thirteenth Judicial Circuit, appointed l98l, elected l982 (l98l-l985)
23.     Sued: State Court: (a) J-11, 697, Greenville County, 1967. William Byrd Traxler, Trustee v. William Byrd Traxler, Jr., a minor over 14 years of age. Action for sale of property in trust. Matter concluded 1967. (b) 84-CP-23-2208, Greenville County, 1984. William Byrd Traxler, Executor of the Estate of Mary G. Traxler, Deceased v. David G. Traxler, et al. Action for settlement of rights to property under will. Matter concluded 1984. (c) 85-CP-23-278l, Greenville County, l985. Michael W. Montgomery, a/k/a Thomas E. Howard v. Jennings and Traxler. Suit by prisoner. Matter dismissed October l9, l985.
Federal Court: 84-1882, Robinson v. Traxler, opened 8/13/84, closed 10/17/84, suit by prisoner. 84-2404, Smith v. Ariail and Traxler, opened 10/10/84, closed 2/26/85, suit by prisoner. 83-2378, Patterson v. Traxler, opened 9/20/83, closed 12/13/83, suit by prisoner. 84-1273, Davis v. Traxler, opened 5/28/84, closed 8/29/84, suit by prisoner. 84-2519, Smith v. Traxler, opened 10/23/84, closed 2/26/85, suit by prisoner. Cooper v. Traxler, opened 3/8/85, still pending, suit by prisoner. Beigay v. Traxler, opened 4/l0/85, on appeal, suit re: validity of obscenity laws.
25.     Health is excellent.
27.     Eyeglasses are required when driving.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Christ Episcopal Church; American Legion; YMCA Camp Greenville Board of Directors; Greenville Technical College Advisory Boards; Piedmont Dance Club
34.     Five letters of reference:

(a) Sam H. Hunt, Chairman of the Board

Southern Bank and Trust Company

One Shelter Centre, Greenville, SC 2960l

(b) Honorable William W. Wilkins, Jr.

United States District Judge

P. O. Box l0857, Greenville, SC 29603

(c) Honorable Joseph J. Watson

Solicitor, l3the Judicial Circuit

Suite ll2, Greenville County Courthouse

Greenville, SC 2960l

(d) Sheriff Johnny Mack Brown

#4 McGee Street, Greenville, SC 2960l

(e) Sheriff C. David Stone

P. O. Box 49l, Pickens, SC 2967l

Q.     I want the record to show that I wore my Davidson College tie today because I knew you were going to be here.
A.     I appreciate that.
Q.     My wife said it didn't go with the suit but I said, "No, but it goes with the school." Your credit is good. Your report is satisfactory. The records of the applicable law enforcement agencies are negative. You still reside in Greenville County?
A.     That's correct.
Q.     The sheriff and the Greenville City Police all say that the record is clear on you and the Judgment Rolls of Greenville County indicate no judgments. The records of the Highway Department are negative. The Board of
Commissioners on Judicial Standards say they have administered no sanctions and no investigations and no records of any reprimands. The Board of Commissioners on Grievances and Discipline say that as an attorney no complaints or charges have been filed against you ever.
When was the last time you were screened?
A.     I think it was in March or April of last year.
Q.     You have listed in your summary in answer to Question 23 several actions. Those were all done in connection with another position which you held, is that correct?
A.     That is correct. I was sued numerous times as Solicitor by prisoners.
Q.     And there are no new suits since you have been on the bench?
A.     I'm afraid there are by one or more prisoners, and the video operators in Greenville sued me and the sheriff and other people because of our enforcement of the obscenity laws. That suit was dismissed but it is on appeal to the Fourth Circuit.
Q.     So of all the suits that you list, all of them but two I believe are ended?
A.     I believe all now are ended except the one in the Fourth Circuit.
Q.     That's B-E-I-G-A-Y?
A.     Yes.
Q.     Beigay vs. Traxler.
A.     On that I'm being sued of course in my official capacity. If that is sent back, then the new Solicitor will be fortunate enough to have his name added.
Q.     We will try to assist you in getting the change of the party defendant.
Q.     Judge, are you enjoying it?
A.     Yes. It is still very much a learning experience but I'm still enjoying it.
Q.     You heard Judge Hughston, is it harder or about what you expected?
A.     I don't think that it is what the public perceives it to be. It is a lot harder work and it keeps me frankly busier than I was as Solicitor.
Q.     What is the hardest part about it?
A.     For me as an individual the hardest part is sitting there and being quiet.
Q.     Do you miss being on the other side of the bench?
A.     Being a former Solicitor it is hard to see a fight and not want to get into it but I had a little sign made up that I keep on the bench and it says "Patience." Sometimes I have to hold it in my hand, but it is working.

Senator Smith: That is all the questions I have. Any other members of the Committee?

(No questions by Committee members.)

Senator Smith: Thank you, sir. We are now going to examine the candidate for the vacancy on the Fifteenth Judicial Circuit. The notice was publicy made and no candidate has come forward other than The Honorable Sidney Thomas Floyd of Conway, South Carolina and no citizen has asked to be heard with respect to his candidacy. I will now ask you, sir, to raise your hand and take the oath.

WHEREUPON:

Sidney Thomas Floyd, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge, you have had an opportunity I trust to look over the summary of the questionnaire which you sent.
A.     I have.
Q.     As far as you can tell is it correct?
A.     That's correct.
Q.     Is there anything that needs any clarification or addition?
A.     I think not.
Q.     Is there any objections to making this summary part of the record of your sworn testimony?
A.     No objection.

1.     Sidney T. Floyd

Home Address:     Business Address:

l29 Freeman Drive     P. O. Box 26

Conway, SC 29526     Conway, SC 29526

2.     He born in Horry County on August 25, l929.

Social Security Number: ***-**-*****
4.     He was married to Anne Skinner on June 4, l956. They have 4 children: William T., age 22 (student); Anita Ruth, age 25 (lawyer); Patricia Goldfinch, age 26 (homemaker); and Frances F. Dennis, age 28 (teacher).
5.     Military Service: USA, Korean Conflict, l95l-l953, Army - PFC - Honorable Discharge
6.     He attended the University of South Carolina and received an LLB Degree in l956.
8.     Legal Experience since graduation from law school:

He was in the private practice of law from l956-l977; City Recorder from l958-l963; U. S. Commissioner from l964-l967; and Circuit Court Judge from l977-present.
l5.     Judicial Office: l977-Present, Court of Common Pleas and Court of General Sessions, elected by the Legislature
l6.     Public Office: Member, S. C. House of Representatives from l969-l976
l7.     Unsuccessful candidate: S. C. House of Representatives, l976, lost to Lois Eargle in Democratic Primary
23.     Sued: In about l958 or l959 he signed as guarantee on a note to a bank in Timmonsville for his brother-in-law. The bank started an action, and he paid off the note immediately after service. That was the end of the action.
24.     Disciplined: The first or second year he was on the bench, someone who was not happy with a directed verdict in a criminal case complained to the Grievance Committee that he was not attentive and would drink coffee, etc. during the trial. He was notified of the complaint and nothing further happened.
25.     Health is good.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: First Baptist Church
34.     Five letters of reference:

(a) Willis Duncan, President

Conway National Bank

l207 Fifth Avenue, Conway, SC 29526

(b) Larry B. Hyman, Jr., Esquire

P. O. Box 447, Conway, SC 29526

(c) W. T. Johnson, Jr., Esquire

P. O. Box l667, Conway, SC 29526

(d) Travis Faulk

l20l Elm Street, Conway, SC 29526

(e) O. A. Rankin, Esquire

P. O. Box 85l, Conway, SC 29526

Q.     Your credit is reported as satisfactory. The Horry County Sheriff's Office and the Conway City Police Department both indicate negative records on you. The Highway Department's records are negative. The Judgment Rolls of Horry County are negative. You still make Horry County your home?
A.     Yes.
Q.     The Board of Commissioners on Judicial Standards advise us that there are no records of reprimand or investigation with that Commission, and the Board of Commissioners on Grievances and Discipline report that as an attorney no complaints or charges were ever filed against you. Your Statement of Economic Interest is perfectly normal, meaning that there are no conflicting interests or associations. Judge, how long have you been on the bench?
A.     Nine years, I think. Since '77.
Q.     Have you got any advice to these new, young rookie judges you just heard from?
A.     Yes. Just don't take themselves too seriously.
Q.     I have no further questions. I believe you have been screened by this Committee--this is the third screening.
A.     Third time. Actually this is the first time that I have appeared.

Senator Smith: Any questions?

(No questions by Committee members.)

Senator Smith: Thank you, sir. We are now going to examine the candidate for the vacancy for the Sixteenth Judicial Circuit, The Honorable Robert Lawrence McFadden. Notice of vacancy was publicly made and no candidate has come forward other than Judge McFadden and no citizen has asked to be heard with respect to his candidacy, so I now ask you if you would raise your hand and take the oath.

WHEREUPON:

Robert Lawrence McFadden, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge McFadden, have you had an opportunity to look at the summary of the Personal Data Questionnaire?
A.     Yes, sir.
Q.     Is it correct?
A.     It appears to be what I submitted.
Q.     What we attempt to do is take out the questions and the repetition and so it will print a little easier but if there is anything that needs to be added, we can do it. You don't think there is anything?
A.     I don't think so.
Q.     Is your blood pressure still doing all right?
A.     So far.
Q.     That is amazing. If I had to sit behind a bench all day, mine would be out the top. So, we will then, sir, without objection make this summary a part of the record as your sworn testimony.

1.     Robert Lawrence McFadden, Sr.

Home Address:     Business Address:

949 Beverly Drive     228 E. Black Street

Rock Hill, SC 29730     P. O. Box l029

Rock Hill, SC

2973l-7029

2.     He was born in Camden, South Carolina on August 25, l929.

Social Security Number: ***-**-*****
4.     He was married to Martha Anne Stewart on September 24, l960. They have 2 children: Robert L., Jr., age 23 (Sales and Marketing Representative for Carowinds Amusement Park) and Sarah Anne, age 2l (Senior at Winthrop College).
5.     Military Service: He was inducted into the U. S. Army on July 23, l954. Discharged July l4, l956. Specialist 4, Ser. No. US 53 239 404. No military obligation. Honorable Discharge, November 30, l962.
6.     He attended undergraduate at Duke University (awarded A.B. Degree in l95l) and law school at Duke University (awarded LLB Degree in l954).
8.     Legal Experience since graduation from law school:
l956-l958, Associate of Robert M. Ward, Rock Hill, SC
l958-l060, Individual practice
l960-l980, Associate and then partner with Thomas S. Gettys, Rock Hill, SC
l98l to present, Circuit Court Judge, Sixteenth Judicial Circuit
l5.     Judicial Office: Circuit Court Judgeship, Sixteenth Judicial Circuit, elected by the General Assembly; qualified January 20, l98l; have served continuously since that date. The Circuit Court has general jurisdiction for trial matters.
l6.     Public Office: He was elected to the State House of Representatives in l960 and served continuously until l980.
l7.     Unsuccessful candidate: He was an unsuccessful candidate in l979 for the position of Circuit Judge, at large.
23.     Sued: A suit was brought against him and other members of the Legislative Council by a former employee.
25.     Health is excellent.
27.     He wears eyeglasses.
28.     He takes medication for an allergy prescribed by Dr. William F. Lovell, l600 E. Fifth Street, Charlotte, North Carolina 28204 around l957.
He takes Dyazide for blood pressure prescribed by Dr. Hartwell Z. Hildebrand, l3l7 Ebenezer Road, Rock Hill, South Carolina 29730 since October of l982.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: Oakland Avenue Presbyterian Church, Rock Hill, South Carolina; Kiwanis; County Association of Retarded Children; Elks; Sons of the American Revolution; Chamber of Commerce; County Historical Society; Town Club; American Legion.
34.     Five letters of reference:

(a) Connie R. Morton, Senior Vice President

C & S National Bank of South Carolina

P. O. Box 3l2, Rock Hill, SC 29730

(b) Tom S. Gettys, Esquire

P. O. Box 707, Rock Hill, SC 29730

(c) Frank B. Robards, Jr., President

Rock Hill National Bank

P. O. Drawer ll2, Rock Hill, SC 2973l

(d) George W. Dunlap, President

Home Federal Savings Bank of S. C.

P. O. Box 390, Rock Hill, SC 2973l

(e) Frank S. Barnes, Jr., President

Rock Hill Telephone Company

330 East Black Street, Rock Hill, SC 29730

Q.     Your credit is satisfactory. The records at the applicable law enforcement agencies and York County Sheriff's Office and Rock Hill City Police Department are negative. There are no judgments in the York County Clerk of Court's Office. That is still your residence, York County?
A.     Yes.
Q.     The records of the Highway Department are negative. The Board of Commissioners on Judicial Standards indicate that there are no records of any reprimands and no investigations pending, no sanctions. The Board of Commissioners on Grievances and Discipline report that as an attorney there were no complaints or charges of any kind. Your Statement of Economic Interest indicates no conflicting ownerships or associations. I have no questions. Any members of the Committee?

(No questions by Committee members.)

Senator Smith: It was a good day to be here, wasn't it? Thank you, Judge.
A.     Thank you.

Senator Smith: Judge Harris advised us that he would be here around 10:30. We can proceed in a couple of directions and I am going to suggest that we take a look at Judge John Hamilton Smith's information. He, of course, is the presiding Judge of the First Judicial Circuit and, of course, is involved in a significant trial in Berkeley County in the case of State vs. Bell. As with the rest of them, we publicly noticed his candidacy. No citizen was asked to be heard in regard to it and I inquired of Judge Smith last week by letter as to what he considered about the possibility of his being here and, of course, we have the option to waive appearances in any case, but particularly in this case. You have in your file a letter of February 25th from Judge Smith and I think that is significant for us to excuse his presence, and he also has no objection to making this Personal Data Questionnaire Summary a part of the record. The file does not reveal to me any changes since the last time he was screened or any additions.

1.     John Hamilton Smith

Home Address:     Business Address:

5l3 West Carolina Avenue     P. O. Box 985

Summerville, SC 29483     Summerville, SC 29484

2.     He was born in Augusta, Georgia on July 27, l942.

Social Security Number: ***-**-*****
4.     He was married to Ellen Walker on May 26, l965. They have 3 children: Legare Walker, age l6; John H., Jr., age l0; and Helen G., age 3.
5.     Military Service: None
6.     He attended College of Charleston (l960-l965) and received a B.S. Degree and the University of South Carolina (l965-l968) and received a J.D. Degree.
8.     Legal Experience since graduation from law school:
He began in general practice with Walker, Walker & Jenkins in Summerville in April, l968. He was Assistant Solicitor for Dorchester County, a part-time position, from l970-l974. He became a partner in l97l under the firm of Walker, Jones & Smith and practiced in that firm.
l6.     Public Office: Assistant Solicitor for Dorchester County, l970-l974, appointed; S. C. House of Representatives, l974-l979.
22.     Tax Lien: In October, l978, a South Carolina tax lien in the amount of $l3.83 was filed against him relative to his l976 tax return. His first knowledge of the lien came as a result of a visit by Mr. Pendarvis, an employee of the Tax Commission, who stated that his reason for not receiving the prior notice was probably the result of his not having lived at the address shown on the notice for over two years. No notice was sent to his current address. Upon learning of the lien he immediately paid the $l3.83 and requested his C.P.A., Mr. Converse A. Chellis, III, who had prepared his l976 tax return, to investigate the matter. Mr. Chellis states that the lien is in error.
23.     In l976 a suit was instituted by Mrs. Chilton M. Wilkins against Judge Louis Rosen, Judge Clyde A. Eltzroth, Master-in-Equity Harry M. Lightsey, Sr., Senator L. Marion Gressette, Nathan Rosen, Sheriff Carl Knight, Sidney B. Jones, Jr. and Judge Smith in Federal Court. The action arose out of a domestic dispute between Mrs. Wilkins and her former husband involving property rights. Judge Smith did not represent either party to the action and his only involvement was in preparing an affidavit of service and attending to its execution. The action against all Defendants was dismissed at the District Court level and affirmed on appeal.
24.     Disciplined: While an attorney he was the subject of a complaint, together with the other Defendants mentioned above, to the bar association. The decision of the Board is dated May 30, l977. The Board found no misconduct and dismissed the complaint. Since becoming a judge one or perhaps two Defendants in criminal cases have filed complaints with the Judicial Standards Commission but were dismissed as being without merit.
25.     Health is good.
27.     He is nearsighted, however this is corrected by glasses.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: None
34.     Five letters of reference:

(a) A. Taylor Clarkson, Vice President

S. C. National Bank

P. O. Box l286, Summerville, SC 29484

(b) Honorable Carl Knight

Dorchester County Sheriff

l00 Sears Street, St. George, SC 29477

(c) Thomas O. Berry, Jr., Esquire

P. O. Box 368, St. George, SC 29477

(d) Honorable Joseph Mizell, Solicitor

Orangeburg County Courthouse

Orangeburg, SC

(e) Wade H. Logan, Esquire

l00 Broad Street, Charleston, SC

Q.     Again as to Judge Smith, his credit report is satisfactory. The Dorchester County Sheriff's Office and the Summerville City Police Department records are clear. The Department of Highways and Public Transportation has negative records-show negative, everything is fine. The Judgment Rolls of Dorchester County are clear. His Statement of Economic Interest is normal and there are no reprimands from Judicial Standards. They indicate--The Board of Commissioners on Grievances and Discipline the record reflects that as an attorney there were no charges filed against him. If the Committee would wish to inquire of anything in Judge Smith's file, we would of course have an option to visit with him later if you felt it was necessary, but I would assume this would be a matter that would be taken up in Executive Session unless someone has any reason to visit with him.

Senator Martin: From the newspaper accounts he is doing a commendable job.

Senator Smith: I think at this point we probably should move then to the vacancy in the Family Court for the Twelfth Judicial Circuit--excuse me, the Tenth Judicial Circuit--I thought he had been running in the wrong county all this time--Oconee and Anderson Counties. We noticed this vacancy. It was publicly noticed and no one has come forward, no candidate other than The Honorable H. Dean Hall of Anderson, South Carolina, and no citizen has asked to be heard with respect to the vacancy or with regard to Mr. Hall, so I would now ask you to raise your hand and take the oath.

WHEREUPON:

H. Dean Hall, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Mr. Hall, we as a matter of course prepare and send out a Personal Data Questionnaire for building a record on you and also for the General Assembly to learn a little bit more about you. Of course, this is the first time through for you and your summary and the questions we sent of course are in a little bit more detail than sitting judges because we have asked for some significant litigated matters and things of that nature, but you have had a chance to review our summary of what you sent us, have you not, sir?
A.     I have, sir.
Q.     Is there anything in there that needs elaboration or correction?
A.     No, sir. It appears to be correct.
Q.     Is there any objection on your part to making this summary part of the record as your sworn testimony?
A.     I have no objection.
Q.     Of course it will be done at this point and will appear in the Journals as your record.

1.     Herbert Dean Hall

Home Address:     Business Address:

ll0 Carter Hall Drive     l008 North Main Street

Anderson, SC 2962l     Anderson, SC 2962l

2.     He was born in Anderson, South Carolina on May 20, l943.
Social Security Number: ***-**-*****
4.     He was married to Lily-Roland Ebert on August 30, l969. They have no children.
5.     Military Service: Date: December l2, l968 to December ll, l974; Branch: Army National Guard of S. C., HHB 2dBn (AW) (SP) 263dADA; Serial Number: ***-**-*****; Present Status: Discharged; Character of Discharge: Honorable
6.     He attended Clemson University from September, l96l to September, l962 (transferred); Anderson College from January, l963 to August, l963 (transferred); University of South Carolina from September, l963 to August, l966 (B.S. in Business Administration); and the University of South Carolina School of Law, June 5, l97l (Juris Doctor).
8.     Legal Experience since graduation from law school:
Hall Law Firm (Anderson), l979 to present; Hall and McClain (Anderson), l973-l979; Anderson, Kenyon and Epps (Anderson), l97l-l973; Anderson and Chapman (Anderson), l969-l97l; Berry, Lightsey, Gibbes and Bowers (Columbia), l967-l968; Concurrent---Assistant Solicitor, Tenth Judicial Circuit, l976-l980; City Recorder, Anderson, South Carolina, l974-l976
9.     Frequency of appearances in court during last five years:
Federal - l98l-l; l982-0; l983-3; l984-l; l985-4; l986-2
State - more than 50 times each year
Other - approximately 5 times each year
10.     Percentage of litigation:
Civil: 55% Domestic: 40% Criminal: 5%
11.     Percentage of cases in trial courts:
Jury: 85% Non-Jury: 15%
sole counsel, co-counsel, and associate counsel
12.     Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State vs. Lu Ann Upchurch; State vs. Frank Nathan Dunn; State vs. William Joel Jackson; 78-GS-04-346, Anderson County; Defendant Jackson and Dunn appealed, appeals dismissed under Rule 23, see Memorandum Opinions No. 79-l49 and No. 79-l50 filed July 3l, l979. Applicant and L. Henry Raines, Solicitor, represented the State. These cases were the first in which bifurcated trial was conducted in South Carolina under the Capital Punishment Act (effective June 8, l977), Section l6-3-20, l976 Code of Laws of South Carolina, as amended.
(b) Jimmy Lee Herndon vs. Stuart Tomlinson, d/b/a Mister T's Restaurant and Lounge, 82-CP-04-665. Applicant represented plaintiff who was assaulted with a pistol in defendant's lounge. The issue was whether the owner of an establishment dispensing intoxicating liquor upon the premises owes a duty to members of the public while they are in his place of business to protect them from violent acts of other individuals frequenting the establishment. Jury verdict for Plaintiff.
(c) State vs. Jeffrey Lamont Timpson, 83-GS-04-l076 (armed robbery) and 83-GS-04-l079 (murder). Death penalty was sought by the State. Applicant and Tom W. Dunaway, III, represented the defendant. Defendant is young, black male who had attained the age of seventeen years a few weeks prior to his allegedly attacking and slaying a white female convenience store clerk. Defendant was found guilty of armed robbery and murder. After more than eight hours of deliberating in sentencing phase of trial, jury announced that they were deadlocked. Judge declared mistrial as to sentencing phase of trial and imposed life sentence for murder and twenty-five years, consecutive, for armed robbery.
(d) Perpetual Federal Savings and Loan Association vs. Marshall Willingham, Judy W. Willingham, Southern Bank and Trust Company, et al.; 83-CP-04-ll47; on appeal to The Supreme Court of South Carolina docketed as Case No. 85-2. Applicant represents Southern Bank and Trust Company, holder of a mortgage junior to that of plaintiff's mortgage. Plaintiff also holds document titled, "Real Property Agreement." The primary issue on appeal is whether or not the plaintiff should be afforded lien status since the document does not contain the essential requisites of a mortgage.
(e) State vs. Harry Allen Plyler; 78-GS-04-55; first trial commenced September l3, l978, jury deadlocked, mistrial declared; second trial commenced January ll, l979, convicted of murder, appealed to The South Carolina Supreme Court, 270 S.E.2d l26, l980. Applicant and L. Henry Raines, Solicitor, represented the State. Significant issues at trial included: Voice identification; admission of out of court declaration; evidence of prior ill feelings between the accused and the victim.
l3.     Judicial Office: July, l974 to July, l976; City of Anderson Municipal Court; appointed by City Council; all city ordinances, state statutes where penalty does not exceed fine of $200.00 or 30 days incarceration.
23.     Health is good.
25.     He wears corrective lens.
30.     Civic, charitable, religious, educational, social, and fraternal organizations: Board of Directors, Salvation Army; Electric City Sertoma Club (inactive); Anderson County Art Council; Anderson County Historical Society; First Baptist Church, Anderson, South Carolina; President's Council, University of South Carolina; Chairman, College of Criminal Justice Partnership Board, University of South Carolina
33.     Five letters of reference:

(a) David C. King, Vice President & City

Executive

Southern Bank and Trust Company

908 North Main Street, Anderson, SC 2962l

(b) W. N. Epps, Jr., Esquire

P. O. Box 2l67, Anderson, SC 29622

(c) Honorable Darwin H. Wright, Mayor

City of Anderson

P. O. Box 2827, Anderson, SC 29622

(d) George H. Durham, Jr.

l008 North Main Street, Anderson, SC 2962l

(e) V. Laniel Chapman, Esquire

P. O. Box 2584, Anderson, SC 29622

Q.     As I go through these, I notice that your credit report is satisfactory. The Anderson County Sheriff's Office and the City Police Department records are all negative. Your fingerprint card was sent to the F.B.I., as we do in all cases, and it came back negative. The South Carolina Department of Highways and Public Transportation is negative. We checked the Judgment Rolls in Anderson County and they are negative. That would be the county where any record against you would appear, would it not?
A.     Yes. I believe they were attached.
Q.     You indicate in the answer to the question-- anyway, you disclosed or added to your packet there the decree in the case of Anderson Savings & Loan Association against you and some others, and I believe the decree is in the record. Would you like to comment on the nature of that suit?
A.     Yes, sir. That was a foreclosure action and prior to that we had represented one of the defendants, Samuel Clark Calhoun in Family Court, and the Family Court decree had provided attorney's fees to us, and subsequent to the Family Court decree this foreclosure was instituted and the Savings & Loan picked up our attorney fee lien, if you would, and joined us in the matter. I am happy to say that we did get paid.
Q.     So the suit didn't have anything to do with your capacity or capabilities or your ethics or judgment or anything?
A.     No, it did not.
Q.     It was just a matter of form?
A.     It was a matter of form, yes, sir.
Q.     I believe that did appear as a judgment in the records of Anderson County?
A.     That's correct.
Q.     The Board of Commissioners on Grievances and Discipline report that as an attorney there have been no complaints or charges of any kind filed against you. Your Statement of Economic Interest indicates there are no conflicting ownerships or associations or transactions. I think the other members of the Committee may have some questions, but let me ask you the obvious question: You have enjoyed an active practice, you have been is it fair to say involved politically in civic affairs, and now all of a sudden you want to get behind the bench that you have heard discussed. Why?
A.     Senator, the Family Court in my opinion touches or affects the lives of more citizens of this state probably than any other court that we have, and in my years of trial experience I feel we need people in the positions of Judges that can run a very punctual court situation, especially in Family Court, and you need knowledgeable people in these positions, and you also need someone that can control the courtroom situation, and I feel my experience allows me to meet all these qualifications.
Q.     My impression of the Family Court, and this is just my personal impression, is that it could be awfully confining, not only in the sense of physically but in the sense of being a specialist in one particular area. You indicate on your summary here that percentage of litigation Civil is 55, Domestic is 40 and Criminal was 5 percent, does that worry you that you are going to be concentrating on domestic matters?
A.     Senator, it does not. The Family Court situation, especially in the last several years, has been expanding so rapidly, and I remember when I began practicing approximately fourteen years ago, generally it was resolving the difficulties of the spouses concerning marriage. Now it is involving equitable distribution of property which fans out into real estate and personal property, and in a lot of cases you get into assets as technical as pension and profit-sharing funds and that type of thing. I think it is going to be an even further expanding area of litigation and I look forward to it.
Q.     Are you going to miss politics?
A.     Senator, I will.
Q.     I say that from a long history of working with you.
A.     There' s no doubt about it. I will miss it.

Senator Smith: I think that is all the questions I have. Any other members of the Committee?

Representative McEachin: What are your views on punishment of juveniles in terms of what sort of measures you would take on a first offender as compared to a subsequent offender?
A.     Well, I think the obvious, or the object of a first offender is rehabilitation. There is no doubt in my mind that is what you are trying to do. If the individual is in a bad environment, one of the goals would be to either change that environment by moving the individual, placing the individual with an agency of the State and head that person back toward a normal life if possible. Subsequent offenders I feel that I would look at the particular individual and his past record, if they have been through the process, the state agencies for rehabilitation purposes, the seriousness of the crime, and then the punishment would be based on those factors.

Represenative McEachin: Thank you.

Senator Smith: Other members of the Committee? (No questions by Committee members.)

Senator Smith: I had one, Mr. Hall, you indicate that you are now with the Hall Law Firm, how many lawyers?
A.     I am the only attorney.
Q.     You are a sole practitioner?
A.     At this time, yes.
Q.     Senator Smith: Have you made any plans about what to do with your files? I'm not soliciting business, I'm just interested in how you handle that.
A.     Senator, I'm not sure exactly how you handle it. I have been seeking advice from several sources and it appears there is no formal rule on how you get rid of the files. I understand I think a Committee of the Bar, the State Bar Association has been looking at this to set up our standards and guidelines to provide for closing of a law office especially when a sole practitioner is disabled or passes away or something like that. I probably will just send out letters to the last addresses and make contact the best way we can to distribute the files. I do not intend to destroy any files at this time.

Senator Smith: This might be an unfair question to ask you but I wonder should a lawyer going on the bench with an active practice retain any financial interest in the files in his office, or do you know?
A.     I don't know. I would think that an attorney that has worked on a file should be reimbursed for the work that has gone into the file but beyond the point of going on the bench, no, they should not be compensated, but I know we have several files that we have been active in and have a lot of costs that we hope to collect at some point.

Senator Smith: I think you would clearly be entitled to that. Any other questions from members of the Committee?

(No questions by Committee members.)

Senator Smith: We are delighted to see your wife here today with you.
A.     Thank you.

Senator Smith: Thank you for coming.

(Recess.)

Senator Smith: We are now to the point of examining for the vacancy for the Fourth Judicial Circuit. The notice was publicly made and no candidate came forward other than The Honorable C. Anthony Harris of Cheraw, South Carolina, and no citizen or any other group has asked to be heard with respect to his candidacy despite notice. I now ask you to raise your hand and take the oath.

WHEREUPON:

C. Anthony Harris, being duly sworn and cautioned to speak the truth, the whole truth and nothing but the truth, testifies as follows:

Examination by Senator Smith:
Q.     Judge, you have provided us with some answers to some questions on what we call the Personal Data Questionnaire and we summarized it in order to save on printing and time. Have you had a chance to look that over?
A.     I have glanced at it. I talked to your most efficient secretary. I was holding court in Conway and went home late last night and went by my office and I had that material and glanced at it but I did not really---
Q.     You want to look at it real quick and see if there is anything that needed to be added?
A.     I figured since I had written it, I knew what was in it.
Q.     We tried to shorten the answers a little bit and we may have---
A.     I am confident it is accurate.
Q.     And, of course, you have been screened before and there are really no changes indicated or anything that hasn't been shown before.
A.     I know of nothing different.
Q.     Do you have any objection after having looked at it if we print it in the Journal as if it were your sworn testimony before the Committee?
A.     No, sir.

1.     C. Anthony Harris

Home Address:     Business Address:

3l7 Market Street     224 Market Street

Cheraw, SC 29520     P. O. Box 884

Cheraw, SC 29520

2.     He was born in Honea Path, South Carolina on November l9, l929.
Social Security Number: ***-**-*****
4.     He was married to Jean Laney on December l7, l955. They have 4 children: Lorraine Knight, age 29 (research analyst, USC); C. Anthony, Jr., age 26 (attorney); Meg Harris, age 25 (social worker, DSS) and C. Frederick, age 22 (Senior, The Citadel).
5.     Military Service: USMC, l946-l948 and l950-l95l; Sergeant; Serial Number: 62ll76; Honorable Discharge
6.     He attended Duke University from l949-l950 and Law School from l95l-l954, LLB.
8.     Legal Experience since graduation from law school:
Practiced from l954-l978; elected Judge in l978
l5.     Judicial Office: Circuit Court Judge since December, l978
l6.     Public Office: House and Senate l966-l978
l7.     Unsuccessful candidate: He campaigned for Supreme Court but was not actually a candidate through nomination.
22.     Tax Lien: Federal and State Income Tax liens were filed in the l970's. Taxes were paid in full and all liens marked satisfied.
25.     Health is excellent.
32.     Civic, charitable, religious, educational, social, and fraternal organizations: None
34.     Five letters of reference:

(a) J. H. Witherspoon, Jr.

Vice President, S. C. National Bank

P. O. Box 907, Cheraw, SC 29520

(b) Honorable James A. Spruill, Jr.

P. O. Box 7l0, Cheraw, SC 29520

(c) Honorable Howard E. Duvall, Jr.

Mayor, Town of Cheraw

P. O. Box lll, Cheraw, SC 29520

(d) Charles M. Ingram, Chairman

Chesterfield County Council

Courthouse, Chesterfield, SC 29709

(e) Thomas Ganzy

l44 Harrell Street

Cheraw, SC 29520

Q.     Also, your credit is reported as satisfactory. We have checked the Chesterfield County Sheriff's Office and the Cheraw Police Department and they are negative, and the Criminal Records Section of S.L.E.D. indicates negative. The Department of Highways and Public Transportation is negative, and the Judgment Rolls of Chesterfield are negative at this time. Have you lived in Chesterfield all of your life?
A.     No, sir. I have lived there since 1954, all my judicial life--or legal life I should say.
Q.     Any record of a judgment or charge or anything of that nature since that time would be in Chesterfield County?
A.     Yes, sir.
Q.     You have indicated on your summary back in the early '70s there was some question about some tax liens but that has been resolved.
A.     They have gotten their entire pound of flesh and even better than Shylock, they got a little blood along with it.
Q.     The Statement of Economic Interest indicates no conflicting associations or relationships or ownerships, and the Board of Commissioners of Grievances and Discipline say that as an attorney there are no complaints or charges against you, and the Board of Commissioners on Judicial Standards gives you a clean bill of health and say there are no sanctions have been administered or no reprimands have been issued, so everything appears to be in order. Any questions from any members of the Committee? (No questions by Committee members.)

Senator Smith: Judge, delighted to have you. Do you miss the Senate? You are under oath now.
A.     With a lessening degree of intensity.

Senator Martin: That's entirely justified.
A.     As the years go by I find I can stand it more and more being away.

Senator Smith: We miss you.
A.     Well, I miss the group, of course, and when I read about the various debates going on I kind of wish I could have a say in some of them, but you as usual have your hard problems to work with.

Senator Smith: Thank you. I have no other questions.

(Whereupon, the Hearing was concluded at 10:55 a.m.)

The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek election.

Hon. George T. Gregory, Jr. Associate Justice

Candidate     Circuit

Hon. John Hamilton Smith     First

Hon. Rodney A. Peeples     Second

Hon. Dan F. Laney, Jr.     Third

Hon. C. Anthony Harris     Fourth

Hon. Don S. Rushing     Sixth

Hon. Thomas L. Hughston, Jr.     Eighth

Hon. William B. Traxler, Jr.     Thirteenth

Hon. Sidney Thomas Floyd     Fifteenth

Hon. Robert Lawrence McFadden     Sixteenth

H. Dean Hall     Tenth Judicial Circuit

Seat 3

Respectfully submitted,
Thomas E. Smith, Jr., Chairman
Sen. John A. Martin
Sen. Isadore E. Lourie
Sen. Glenn F. McConnell
Rep. Solomon Blatt
Rep. James M. Arthur
Rep. D. Malloy McEachin, Jr.
Rep. Joseph F. Anderson, Jr.

Received as information.

The following was received.

March 11, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 528)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 11, 1986 regulations concerning WIC Vendors from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

The following was introduced:

H. 3640 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MILLARD JETHRO REID OF CHEROKEE COUNTY UPON HIS DEATH.

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

The Senate sent to the House the following:

S. 1114 -- Senators Horace C. Smith, E. Patterson and Lee: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. WILLIAM LAURENS WALKER OF SPARTANBURG COUNTY, FORMER SUPERINTENDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following was introduced:

H. 3646 -- Reps. Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION CONGRATULATING GREENWOOD HIGH SCHOOL BANDS UPON WINNING NUMEROUS AWARDS OF MERIT IN 1985 AND COMMENDING THEM FOR THEIR OUTSTANDING ABILITY AND TALENT AND COMMITMENT TO EXCELLENCE.

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

The following was introduced:

H. 3647 - Rep. Chamblee: A CONCURRENT RESOLUTION TO CONGRATULATE NANCY G. CARTEE OF ANDERSON ON BEING NAMED CHAIRPERSON OF THE COMPREHENSIVE STUDIES DIVISION OF TRI-COUNTY TECHNICAL COLLEGE AND TO EXTEND BEST WISHES IN HER NEW APPOINTMENT.

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

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3641 -- Rep. Schwartz: A BILL TO AMEND SECTION 12-37-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE TAX ASSESSOR, SO AS TO REQUIRE THE ASSESSOR TO REPORT REASSESSED VALUES TO THE AUDITOR ON OR BEFORE JUNE THIRTIETH OF EACH YEAR.

Referred to Committee on Judiciary.

H. 3642 -- Rep. J. Bradley: A BILL TO REPEAL ACT 123 OF 1977, AS AMENDED, AND SECTION 19, PART II OF ACT 466 OF 1982, RELATING TO THE SOUTH CAROLINA COASTAL COUNCIL.

Referred to Committee on Agriculture and Natural Resources.

H. 3643 -- Rep. J. Bradley: A BILL TO AMEND SECTION 12-27-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF GASOLINE TAX TO COUNTIES, SO AS TO AUTHORIZE THAT A PORTION OF THE TAX MUST BE DISTRIBUTED TO THE MUNICIPALITIES WITHIN A COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MONIES FOR MUNICIPALITIES ARE TO BE DISTRIBUTED AND USED.

Referred to Committee on Ways and Means.

H. 3644 -- Reps. Lockemy, Cooper and Foster: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 72 SO AS TO PROVIDE FOR THE PROCEDURES OF HEALTH CARE PROVIDER PEER REVIEW COMMITTEES AND TO PROVIDE FOR THE CONFIDENTIALITY, IMMUNITY, AND PRIVILEGE OF THESE COMMITTEES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3645 -- Reps. Mangum, McLellan, McLeod and Kirsh: A BILL TO REQUIRE DOMESTIC INSURANCE COMPANIES TO PAY THE SAME LICENSE FEES AND TAXES REQUIRED OF FOREIGN INSURANCE COMPANIES; TO REQUIRE ALL INSURANCE FEES AND TAXES TO BE PAID TO THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE FOR DISTRIBUTION OF PART OF PREMIUM TAXES TO COUNTIES IN LIEU OF COUNTY FEES AND TAXES; TO AMEND SECTION 38-57-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORT OF PREMIUMS OF FOREIGN FIRE INSURANCE COMPANIES SO AS TO REQUIRE FIRE INSURANCE COMPANIES TO FILE AN ANNUAL REPORT IF THEY ARE INCORPORATED IN THIS STATE AS WELL AS IN ANOTHER STATE OR COUNTRY; TO CONTINUE THE INSURANCE TAX STUDY COMMITTEE; AND TO REPEAL SECTIONS 38-5-310, 38-5-320, 38-5-330, 38-5-340, 38-5-350, 38-5-360, 38-5-370, 38-5-380, 38-5-390, 38-5-400, 38-5-410, 38-5-420, 38-5-430, 38-5-440, 38-5-450, 38-5-460, 38-5-470, 38-5-480, AND 38-5-500, 1976, RELATING TO THE COLLECTION AND DISPOSITION OF INSURANCE COMPANY LICENSE FEES AND TAXES.

Referred to Committee on Labor, Commerce and Industry.

S. 1113 -- Senator Powell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF BRANCH STREET BETWEEN MILL STREET AND MAPLE STREET IN THE CITY OF ABBEVILLE IN ABBEVILLE COUNTY.

On motion of Rep. KAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

On motion of Rep. KAY, with unanimous consent, it was ordered that S. 1113 be read the second and third times the next two successive legislative days.

The roll call of the House of Representatives was taken resulting as follows.

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Aydlette               Bailey, K.             Barfield
Beasley                Blackwell              Boan
Bradley, J.            Bradley, P.            Brett
Brown, G.              Brown, H.              Brown, R.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Dangerfield
Day                    Derrick                Fair
Felder                 Ferguson               Foxworth
Freeman                Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Hayes                  Hearn                  Hendricks, B.
Hendricks, L.          Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Lake                   Lockemy                Mangum
Martin, D.             Martin, L.             Mattos
McAbee                 McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Pearce                 Petty
Phillips, L.           Phillips, O.           Rawl
Rhoad                  Rice                   Rogers, J.
Sheheen                Shelton                Simpson
Snow                   Thrailkill             Tucker
Washington             White                  Winstead

I came in after the roll call and was present for the Session on March 12, 1986.

George H. Bailey, Sr.             Jean Toal
Tom Limehouse                     R.L. Helmly
DeWitt Williams                   Derial Ogburn
Bill Cork                         Ronald P. Townsend
L. Edward Bennett                 Lenoir Sturkie
Eugene Stoddard                   Samuel R. Foster
Larry Blanding                    Luther Taylor
Timothy Rogers                    Frank McBride
Mickey Burriss                    David Wilkins
Warren D. Arthur                  Ralph Davenport
Dave C. Waldrop                   Charles L. Griffin III
James Faber                       Larry E. Gentry
Dick Elliott                      Charles R. Sharpe
Paul Short                        T.W. Edwards, Jr.
David Hawkins                     John H. Burriss
Tom G. Woodruff                   E. Crosby Lewis
Parker Evatt                      Tom Marchant
Larry Koon

The SPEAKER granted Rep. MARCHANT a temporary leave of absence.

Rep. W. ARTHUR 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, March 11, 1986.

Reps. HARVIN, KOON and LEWIS signed a statement with the Clerk that they came in after the roll call of the House and were present for the session on Tuesday, March 11, 1986.

Rep. T.M. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the session on Monday, March 10, 1986.

Reps. HARVIN, KEYSERLING and LEWIS signed a statement with the Clerk that they came in after the roll call of the House and were present for the session on Thursday, March 6, 1986.

Announcement was made that Dr. William H. Hester, of Florence is the Doctor of the Day for the General Assembly.

The following Bill was taken up.

S. 977 -- Senator Nell Smith: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO DELETE THE NUMERICAL DESIGNATION OF EACH PRECINCT.

Rep. B.L. HENDRICKS moved to return the Bill to the Legislative Council, which was agreed to.

The following Bill was taken up.

S. 870 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY SO AS TO REVISE AND FURTHER PROVIDE FOR THESE PRECINCTS.

Rep. KIRSH, with unanimous consent, proposed the following Amendment No. 2 (Doc. No. 2750R), which was adopted.

Reference is to Printer's Date 3/10/86--H.

Amend the bill, as and if amended, in Section 7-7-530 of the 1976 Code as contained in SECTION 1, by striking /Cannon Mill / on line 27, page 1, and inserting /Cannon Mill/.

Amend further, by striking /Filbert / on line 30, page 1, and inserting /Filbert/.

Amend title to conform.

The Bill as amended, was read the third time and ordered returned to the Senate

The following Bill was read the third time, passed and, 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.

S. 126 -- Senator Thomas E. Smith, Jr.: A BILL TO AUTHORIZE EVERY STANDING COMMITTEE OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, EVERY JOINT STUDY COMMITTEE OF THE GENERAL ASSEMBLY, AND EVERY JOINT SUBCOMMITTEE OF STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO ISSUE SUBPOENAS, ADMINISTER OATHS, TAKE DEPOSITIONS, AND RECEIVE TESTIMONY AND EVIDENCE AS NECESSARY TO CARRY OUT ITS DUTIES, INCLUDING SUBPOENAS FOR OTHERWISE CONFIDENTIAL RECORDS; TO PROVIDE A METHOD FOR LIMITING, REVOKING, OR MODIFYING SUBPOENAS ISSUED; TO PERMIT THE RECEIPT OF TESTIMONY AND EVIDENCE IN EXECUTIVE SESSION FOR GOOD CAUSE SHOWN; TO PROVIDE FOR THE ENFORCEMENT OF SUBPOENAS; AND TO GRANT IMMUNITY FROM CIVIL OR CRIMINAL ACTIONS TO PERSONS PRODUCING MATERIALS PURSUANT TO SUBPOENA.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3361 -- Rep. T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-250 SO AS TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER IS A LIMITED TRUST COMPANY FOR PURPOSES OF THE FEDERAL RESERVE BOARD.

H. 3617 -- Reps. Taylor, McBride, Faber, Harvin, Mitchell and K. Bailey: A JOINT RESOLUTION TO REQUIRE ALL STATE AGENCIES, POLITICAL SUBDIVISIONS, AND AGENCIES OF POLITICAL SUBDIVISIONS TO SUBMIT IN WRITING, NOT LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES A LIST OF EVERY ONE OF ITS INVESTMENTS, INCLUDING THE AMOUNT THEREOF, IN ANY FINANCIAL OR GOVERNMENTAL ENTITY OF THE COUNTRY OF SOUTH AFRICA OR IN CERTAIN BUSINESS ENTERPRISES OR CHARITABLE FOUNDATIONS CONNECTED WITH SOUTH AFRICA.

H. 3343 -- Reps. Barfield, Day, Beasley, Lockemy, Rigdon, G. Bailey, Elliott, Koon, Thrailkill, Gilbert, H. Brown, Helmly, Williams, Sharpe, Harvin, Davenport, Chamblee, J. Rogers, Waldrop, Shelton, Moss and Neilson: A BILL TO AMEND ACT 167 OF 1985 RELATING TO ORGANIZED RESCUE SQUADS AND VOLUNTEER FIRE DEPARTMENTS SOLICITING FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON DESIGNATED DAYS UNDER CERTAIN CONDITIONS SO AS TO PERMIT A CHARITABLE OR ELEEMOSYNARY ORGANIZATION TO ALSO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY ON THE FIRST FRIDAY AND SATURDAY IN MAY UNDER CERTAIN CONDITIONS.

H. 3623 -- Ways and Means Committee: A JOINT RESOLUTION TO AMEND ACT 194 OF 1979, RELATING TO STATE CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF WINTHROP COLLEGE MAY PROVIDE A WRITTEN POLICY FOR PAID ADMISSIONS TO ATHLETIC FACILITIES IF IT DOES NOT IMPAIR THE COLLEGE'S ANNUAL DEBT SERVICE OBLIGATION.

H. 3624 -- Ways and Means Committee: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR PHARMACISTS AND ASSISTANT PHARMACISTS AND TO AMEND SECTION 40-43-420, AS AMENDED, RELATING TO PHARMACY PERMITS SO AS TO INCREASE THE ANNUAL RENEWAL FEES THEREFOR.

H. 3628 -- Rep. Aydlette: A BILL TO ADD TO THE STATE HIGHWAY SYSTEM REGATTA, GRAND CONCOURSE, AND HARBORTOWNE ROADS IN CHARLESTON COUNTY.

Rep. McABEE moved to refer the following Bill to the Committee on Ways and Means, which was agreed to.

H. 3309 -- Rep. Rawl: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, THE "SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977", SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "STATE HOUSING AUTHORITY PROGRAM FUND" TO BE ADMINISTERED BY THE STATE HOUSING AUTHORITY, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE USE OF THE MONIES IN THE FUND AND THE INVESTMENT OF CERTAIN PORTIONS OF THESE MONIES.

The following Bill was taken up.

H. 2851 -- Rep. Huff: A BILL TO PROVIDE A PROCEDURE FOR THE DECENTRALIZATION OF ANY CONSOLIDATED SCHOOL DISTRICT IN THIS STATE WHICH IS LOCATED IN MORE THAN ONE COUNTY.

Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2624R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1.     The 1976 Code is amended by adding:

"Section 59-17-25.     Any consolidated school district may be decentralized when using the following procedure:

(a)     If a petition signed by one-third of the qualified electors of any school district which is part of a consolidated school district is presented to the county board of education requesting that the geographical area comprising the school district be declared a separate school district, the board, within thirty days after receipt of the petition, must call for a referendum in the area described in the petition and in the consolidated district. The petition must contain the name of the new school district and the exact geographical boundaries of the new district. If a majority of the qualified electors in the proposed district and in the consolidated district vote in favor of the creation of the school district, the county board of education must take appropriate action to create the new school district within one hundred eighty days of the certification of the results of the election.

(b)     After the county board of education has created the new district, the General Assembly shall provide for the powers, duties, and responsibilities of a board of trustees to govern the new district. In addition, the General Assembly shall convey upon the district all necessary powers to operate the new district for the best interest of the education of all students attending the schools in that district.

(c)     The new district shall not operate as a separate school district until the General Assembly provides for the powers, duties, and responsibilities of the governing body of the new district as provided in subsection (b) of this section. The General Assembly shall provide for the time when the new school district shall begin operation."

SECTION 2.     This act shall take effect upon approval by the Governor./
Amend title to read:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-25 SO AS TO PROVIDE A PROCEDURE FOR THE DECENTRALIZATION OF A CONSOLIDATED SCHOOL DISTRICT./

Rep. HUFF explained the amendment.

The amendment was then adopted.

Reps. T. ROGERS and HUFF proposed the following Amendment No. 2 (Doc. No. 2835R), which was adopted.

Amend the bill, as and if amended, in item (a) of Section 59-17-25 of the 1976 Code, as contained in SECTION 1, page 1, by striking /If a petition signed by one-third of the qualified electors of any school district which is part of a consolidated school district is/ on lines 30, 31, and 32 and inserting /When any geographical area, which is a part of a consolidated school district, attains an enrollment of four thousand five hundred students for at least two consecutive years prior to the presentation of the petition, a petition signed by one-third of the qualified electors of the proposed district, which is part of a consolidated school district may be/; by striking /school/ on line 36 and inserting /proposed/; and by inserting after /district./ on line 40 /A geographical area desiring to be a separate school district may not utilize the provisions of this section if, after the area withdraws from the consolidated district, the result would be a student population of less than five thousand in the remaining school district./

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 2851 be read the third time tomorrow.

The following Bill was taken up.

H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.

Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc. No. 2618R).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Subsections (a) and (d) of Section 44-61-80 of the 1976 Code are amended to read:

"(a)     All ambulance attendants shall obtain a valid emergency medical technician certificate unless an exception is granted pursuant to regulations promulgated by the department.

(d)     A certificate so issued shall be is valid for a period not exceeding three years from the date of issuance and may be renewed every three years from the date of original certification subject to the holder completing a refresher course and examination during the three-year certification period as required by the department and provided for by this chapter; provided, that upon. Upon successful completion of forty-eight hours of an approved in-service training program by licensed ambulance service personnel directed by the medical control physician during the three-year certification period and passage of the examination skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived; provided, further, that failure . Failure to successfully pass the written examination after two attempts will require completion of the refresher course and reexamination; provided, further, that the . The curriculum for in-service training programs required in this subsection shall include but not be limited to subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at ambulance services, educational facilities, or hospitals throughout the State."

SECTION 2.     The Department of Health and Environmental Control is directed to carry out a study to assess the usefulness of the written examination required by the Department for the recertification of emergency medical technicians. The Department shall report its findings to the General Assembly no later than January 31, 1989.

SECTION 3.     This act shall take effect upon approval by the Governor.

Amend title to conform.

Rep. LOCKEMY explained the amendment.

Reps. SCHWARTZ, KLAPMAN, WASHINGTON and G. BROWN spoke against the amendment.

Reps. FOSTER and LOCKEMY spoke in favor of the amendment.

Rep. LOCKEMY moved to adjourn debate upon the Bill, which was adopted.

Rep. ALEXANDER, with unanimous consent, introduced Mrs. Marilyn C. Williams Principal of the Plain Elementary School, Mrs. Mildred Hart, and Kathy Howard, Assistant Principal.

Plain Elementary is recognized as one of the 55 outstanding elementary and middle schools in the nation.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3625 -- Ways and Means Committee: A BILL TO AMEND SECTION 41-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE ON UNEMPLOYMENT COMPENSATION CONTRIBUTIONS FOR DELINQUENT REPORTS, SO AS TO REVISE THIS RATE; TO AMEND SECTION 41-31-110, RELATING TO THE COMPUTATION OF UNEMPLOYMENT COMPENSATION RATES FOR SUCCESSORS OF AN EMPLOYER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RATES ARE TO BE COMPUTED; TO AMEND SECTION 41-31-140, RELATING TO THE PROHIBITION AGAINST THE TRANSFER OF EXPERIENCED RATING ACCOUNTS OF TRANSFERRING EMPLOYERS EXCEPT UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THESE CONDITIONS; AND TO AMEND SECTION 41-35-20, AS AMENDED, RELATING TO THE PAYMENT OF CERTAIN UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO PROVIDE FOR THE DENIAL OF BENEFITS TO EMPLOYEES OF EDUCATIONAL SERVICES AGENCIES DURING ESTABLISHED AND CUSTOMARY VACATION PERIODS OR HOLIDAY RECESSES.

Rep. McLELLAN explained the Bill.

H. 3626 -- Ways and Means Committee: A BILL TO AMEND ARTICLE 3, CHAPTER 27 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-410 SO AS TO PROVIDE FOR A DEFINITION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; TO AMEND SECTIONS 41-31-10, 41-31-40, 41-31-50, AS AMENDED, 41-31-60, AS AMENDED, 41-31-80, AS AMENDED, AND 41-31-670, RELATING TO CERTAIN EMPLOYER CONTRIBUTIONS OR CONTRIBUTION RATES UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE THESE RATES; TO AMEND SECTION 41-31-150, RELATING TO THE TREATMENT OF FRACTIONS OF A CENT UNDER THE EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-31-360, RELATING TO ADJUSTMENTS AND REFUNDS; TO AMEND SECTION 41-31-380, RELATING TO A LIEN FOR CONTRIBUTIONS, INTEREST, PENALTIES, AND COSTS; TO AMEND SECTION 41-31-390, RELATING TO THE ISSUANCE OF WARRANTS OF EXECUTION FOR COLLECTION OF CONTRIBUTIONS; AND TO AMEND SECTION 41-31-400, RELATING TO THE PROCEDURES UNDER EXECUTION, SO AS TO INCLUDE CERTAIN REFERENCES TO EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS WITHIN THESE SECTIONS; TO AMEND CHAPTER 31 OF TITLE 41 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS AND PAYMENTS UNDER THE EMPLOYMENT SECURITY LAW BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE PAYMENT AND COLLECTION OF EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS; AND TO AMEND ARTICLE 5, CHAPTER 33 OF TITLE 41 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY SPECIAL ADMINISTRATION FUND BY ADDING SECTION 41-33-710 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY FUND AND PROVIDE FOR THE MANNER IN WHICH THE MONEY IN THIS FUND MUST BE DEPOSITED, ADMINISTERED, AND DISBURSED.

Rep. McLELLAN explained the Bill.

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3625 be read the third time tomorrow.

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3626 be read the third time tomorrow.

Reps. KIRSH and SHEHEEN made statements relative to the Pilot Budget Project.

Rep. AYDLETTE moved to reconsider the vote whereby H. 3628 was given a third reading and the motion was noted.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3550 -- The General Appropriations Bill

Rep. KLAPMAN spoke upon the Bill.

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 76 (Doc. No. 2696R), which was tabled.

Amend the bill, as and if amended, Section 11, page 104, by deleting the proviso beginning on line 10.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.

Section 11 was adopted.

Section 12 was adopted.

Rep. S. ANDERSON moved to adjourn debate upon the Section, which was adopted.

Rep. GREGORY proposed the following Amendment No. 132 (Doc. No. 2778R), which was tabled.

Amend the bill, as and if amended, by striking, in its entirety, Section 14 of Part I ("South Carolina State Guard").

Amend totals and title to conform.

Rep. GREGORY explained the amendment.

Rep. S. ANDERSON explained the Section.

Rep. GREGORY moved to table the amendment which was agreed to.

Section 14 was adopted.

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 75 (Doc. No. 2706R), which was tabled.

Amend the bill, as and if amended, Section 15, page 115, left-hand column, by deleting the proviso beginning on line 34.

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the Section.

Rep. KIRSH moved to table the amendment which was agreed to.

Rep. KIRSH explained the Section.

Section 15 was adopted.

Ways and Means proposed the following Amendment No. 20, which was adopted.

Amend, as and if amended, Part I, Section 16, Budget and Control Board, page 119, line 03, by inserting in columns (7) and (8): $ / 62,516 /.

Amend Further, page 120, line 31, by inserting in columns (7) and (8):
$ / 260,447 /.

Amend Further, page 122, line 03, by inserting in columns (7) and (8):
$ / 56,640 /.

Amend Further, page 125, line 23, by inserting in column (7): $ / 305,835 /, and in column (8): $ / 248,267 /.

Amend Further, page 126, line 03, by inserting in columns (7) and (8):
$ / 60,561 /.

Amend Further, page 129, line 38, by inserting in column (7): $ /788,471/, and in column (8): $ / 217,892 /.

Amend Further, page 131, line 04, by inserting in columns (7) and (8):
$ / 60,043 /.

Amend Further, page 142, line 06, by inserting in column (7): $ / 1,656,221 /,
and in column (8): $ / 538,073 /.

Amend Further, page 143, line 03, by inserting in columns (7) and (8):
$ / 48,464 /.

Amend Further, page 146, line 06, by inserting in columns (7) and (8):
$ / 276,646 /.

Amend Further, page 147, line 03, by inserting in columns (7) and (8):
$ / 41,860 /.

Amend Further, page 148, line 06, by inserting in column (7): $ / 88,893 /,
and in column (8): $ / 30,971 /.

Amend Further, page 149, line 03, by inserting in columns (7) and (8):
$ / 57,964 /.

Amend Further, page 154, line 06, by inserting in column (7): $ / 468,060 /,
and in column (8): $ / 354,374 /.

Amend Further, page 155, line 03, by inserting in columns (7) and (8):
$ / 53,000 /.

Amend Further, page 155, line 30, by inserting in columns (7) and (8):
$ / 14,011 /.

Amend Further, page 157, line 03, by inserting in columns (7) and (8):
$ / 63,618 /.

Amend Further, page 157, line 37, by inserting in columns (7) and (8):
$ / 377,191 /.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 16A as amended was adopted.

Section 16B was adopted.

Section 16C was adopted.

Rep. McABEE explained the section.

Section 16D was adopted.

Rep. McABEE explained the section.

Section 16E was adopted.

Section 16F was adopted.

Section 16G was adopted.

Section 16H was adopted.

Rep. THRAILKILL proposed the following Amendment No. 21 (Doc. No. 2424R).

Amend the bill, as and if amended, Part I, Section 16I, B & C-LOCAL GOVERNMENT DIVISION, page 155, by adding after line 25 /BUCKSPORT WATER AUTHORITY-HORRY COUNTY/ and by adding opposite in columns (7) and (8) /50,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. THRAILKILL explained the amendment.

Rep. THRAILKILL moved to adjourn debate upon the amendment which was adopted.

Reps. LIMEHOUSE and FOXWORTH proposed the following Amendment No. 67, which was tabled.

Amend as and if amended, in Part 1, Section 16I, by deleting line 25 in its entirety.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. P. HARRIS moved to table the amendment.

Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 37 to 19.

On the vote to table the $250,000 for the Lancaster County Water and Sewer district as well as all other votes pertaining to this money I did not vote because the District is my client.

Rep. PALMER FREEMAN.

Reps. MATTOS, RICE, PETTY, DAVENPORT, and P. BRADLEY proposed the following Amendment No. 93 (Doc. No. 2629R), which was tabled.

Amend the bill, as and if amended, in Section 16I on page 155, by striking lines 19 through 26 and inserting:

/(7)     (8)
AID TO ENTITIES     6,254,590     6,254,590/.

Amend further by adding at the end of Section 16I on page 156:

/Provided, That the Director of the local government division shall distribute $25,220.00 at the request of each member of the House and $67,985.00 at the request of each member of the Senate (divided in any way the member shall direct) to any project of any county, municipality, special purpose district, or any other state or local authority, public service district, political subdivision, or other eleemosynary entity created pursuant to the laws of the State of South Carolina which has received approval of the proposed project from a majority of the legislative delegation of the county or counties in which the project will be located./

Amend totals and title to conform.

Rep. MATTOS explained the amendment.

Rep. P. HARRIS moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Altman                 Anderson, S.
Arthur, J.             Arthur, W.             Bailey, G.
Bennett                Boan                   Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Cleveland
Cooper                 Cork                   Dangerfield
Edwards                Faber                  Foster
Gentry                 Gregory                Harris, J.
Harris, P.             Harvin                 Hayes
Hearn                  Helmly                 Hendricks, B.
Hendricks, L.          Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Mangum
McAbee                 McEachin               McLellan
McTeer                 Moss                   Ogburn
Sharpe                 Sheheen                Short
Simpson                Stoddard               Thrailkill
Townsend               Tucker                 Waldrop

Those who voted in the negative are:

Alexander              Barfield               Bradley, P.
Davenport              Day                    Derrick
Ferguson               Foxworth               Gilbert
Holt                   Huff                   Koon
Lake                   Limehouse              Mattos
Pearce                 Petty                  Phillips, L.
Rawl                   Rice                   Rogers, T.
Shelton                Sturkie                Toal
Washington

So, the amendment was tabled.

Reps. J. ROGERS and BEASLEY proposed the following Amendment No. 134 (Doc. No. 2832R), which was adopted.

Reference is the bill as introduced by the Ways and Means Committee.

Amend the bill, as and if amended, Part I, page 155, SECTION 16I, by adding after line 25:

(7)     (8)
/MARLBORO COUNTY AIRPORT     177,000     177,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. ROGERS explained the amendment.

Rep. P. HARRIS spoke against the amendment.

Rep. LIMEHOUSE spoke in favor of the amendment.

Rep. LIMEHOUSE moved that the House recede until time for the Joint Assembly which was rejected.

Rep. P. HARRIS spoke against the amendment.

Rep. O. PHILLIPS spoke in favor of the amendment.

Rep. P. HARRIS moved to table the amendment which was not agreed to by a division vote of 28 to 38.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. BEASLEY, NEILSON and W. ARTHUR proposed the following Amendment No. 136, which was adopted.

Amend as and if amended, Part 1, page 155, Section 16I, by adding after line 25:

(7)     (8)
Darlington County Water
and Sewer Authority     102,000     102,000

Renumber sections to conform.

Amend totals and titles to conform.

Reps. NEILSON and BEASLEY explained the amendment.

Rep. P. HARRIS moved to table the amendment which was not agreed to by a division vote of 20 to 38.

Rep. BEASLEY asked unanimous consent to amend the amendment at the desk, which was agreed to.

Rep. McABEE spoke upon the amendment.

The amendment was then adopted.

Rep. SIMPSON moved that when the House recedes after the Joint Assembly, it recede for one hour and 30 minutes, which was agreed to.

Rep. McTEER moved immediate cloture on Section 16I.

Rep. TOAL inquired whether, if the previous question was invoked on Section 16I, that would exempt the section from any balancing amendments which may be necessary at the completion of the Bill.

The SPEAKER Pro Tempore replied that it would exempt the section from any further amendments.

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

Those who voted in the affirmative are:

Davenport              Foxworth               Harris, P.
Martin, L.             McTeer

Those who voted in the negative are:

Altman                 Arthur, J.             Arthur, W.
Bailey, G.             Beasley                Bradley, J.
Brown, G.              Brown, H.              Brown, R.
Burriss, M.D.          Carnell                Cleveland
Cooper                 Dangerfield            Day
Edwards                Elliott                Faber
Fair                   Foster                 Gentry
Gilbert                Gregory                Griffin
Harris, J.             Harvin                 Hawkins
Hayes                  Hearn                  Johnson, J.C.
Johnson, J.W.          Kay                    Kirsh
Klapman                Lake                   Mattos
McAbee                 McBride                McEachin
McKay                  Moss                   Neilson
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Shelton                Short
Simpson                Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Williams

So, the motion to invoke immediate cloture was rejected.

Rep. FABER proposed the following Amendment No. 157 (Doc. No. 2795R), which was adopted.

Amend the bill, as and if amended, Part I, Section 16 I, B & C - Local Government Division, p. 155, by inserting immediately after line 25 a new line item, as follows:

/TOTAL     GENERAL

FUNDS     FUNDS

(7)     (8)
WATER & SEWER FOR

CITY OF EASTOVER     150,000     150,000/.

Renumber lines to conform.

Amend totals and title to conform.

Rep. FABER explained the amendment.

Rep. P. HARRIS moved to table the amendment which was not agreed to by a division vote of 20 to 39.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. B.L. HENDRICKS, SIMPSON and L. MARTIN proposed the following Amendment No. 161.

Amend as and if amended.

Part I, Pg. 155, Section 16I by adding after line 25

Pickens Co. Water & Sewer Authority $150,000

Amend totals to conform.

Rep. B.L. HENDRICKS explained the amendment.

Rep. McABEE spoke against the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 161.

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3401 -- Rep. Hearn: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 12, 1986, AS "CRIPPLED CHILDREN'S DAY", TO ENDORSE THE "B.A.C. COFFEE DAY FOR CRIPPLED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 12, 1986, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Easter Seal Society Honored Guests were escorted to the rostrum by their parents and Senators Ravenel, Setzler, Giese and D.L. Thomas and Reps. HEARN, ALEXANDER and SHARPE.

President Daniel:

"Let me just say on behalf of the entire General Assembly that I would like to extend a very warm and sincere welcome to this year's South Carolina Easter Seal Children and, of course, to their families. We are very honored to have you today in our chambers and all of you are certainly welcome at any time. I would like to recognize a few people today that made this event not only possible but so successful: Mr. Roger Whaley, the State Easter Seal President; the Honorable John Campbell, the state campaign chairman; Major J. H. Lanier, state president, Lieutenant James Wilson, the Buck-A-Cup chairman - of course, both of these gentlemen are from the South Carolina Law Enforcement Association; Mr. John Rittick, who is the Executive Director of the South Carolina Restaurant Association; and, Mr. Harold Corley, who is the Buck-A-Cup project chairman from the South Carolina Restaurant Association. At this time, I would like to introduce Representative Joyce Hearn, Representative from Richland County, who will now take charge of our program."

Rep. HEARN:

"Mr. President, ladies and gentlemen, and fellow colleagues, this is probably one of the most heartwarming experiences I have each year. I'm sure that you as Representatives and Senators agree with me that this is something we have been able to do for the last fourteen years to help kick off the Buck-A-Cup fund-raising drive for Easter Seal. Some three million dollars has been collected without a penny of state money involved in helping crippled children through the Easter Seal in this state. Now, this, in my opinion, is volunteerism at the highest level. We have here the Restaurant Association representatives, we have law enforcement officers and, of course, always those of us here in this body who are willing to give our time to try and help with this very worthy cause.

Our very first guest today will be introduced by the Charleston representatives, McKinley Washington and Senator Arthur Ravenel. Please come forward with your guest."

Senator Ravenel:

"Mr. President, colleagues of the General Assembly, we have with us today Channa and Chantalle Brisbon of Yonges Island down in Charleston County. They are the twin five-year-old daughters of Mrs. Brenda Brisbon, who is with them today. Both have cerebral palsy. Channa is receiving physical therapy at the Charles Webb Easter Seal Center in Charleston and participates in the Center's developmentally-based pre-school program. She has also received specialized orthopedic equipment through the Society. Channa has worked very hard toward independent mobility and now uses a wheelchair on her own and is in the beginning stages of using a walker.

Chantalle also receives physical therapy at the Charles Webb Center as well as attending the pre-school program. She, too, has worked long and hard to achieve independent mobility. In a year's time, she has gone from crawling to using a walker. Some of you probably saw her using that walker coming up here.

Both of them love to play with their stuffed animals. They watch Sesame Street and enjoy their Cabbage Patch dolls. Girls, we're just delighted to have you with us in Columbia today."

Rep. HEARN:

"Our next guest will be introduced by our Representative and Senator from Richland County, Senator Warren Giese and Representative Moffatt Burriss."

Senator Giese:

"Mr. President and colleagues of the General Assembly, it is my pleasure to introduce a constituent of mine and of Moffatt Burriss, Mr. Lamar Ingram of Columbia, South Carolina, who is an adult client at the Rose M. Lowe Center. Now, let me tell you, Mrs. Lowe is out here, and when they start naming buildings after you, that means you have really made an impact on your specific area of interest.

Mr. Ingram had a stroke in 1983, and has received physical therapy and occupational therapy through the Easter Seal Society. Mr. Ingram is a member of the Midlands Stroke Club, having been elected President for 1986. He also participates as a clinic volunteer for the Easter Seal Society. He appeared in September of 1985 on WOLO-TV, Channel 25 to talk about his stroke and its effects as well as the value of the Stroke Club. He is a wonderful inspiration to everyone with whom he comes in contact.

Mr. Ingram, who has been accompanied by Cathy Coleman, his daughter, is a member of the St. Joseph's Catholic Church, and is retired after 33 years of service with the South Carolina Army National Guard. Mr. Lamar Ingram."

Rep. HEARN:

"Our next guest is Mr. Ken Wilson, who will be sponsored by Senator David Thomas and Rep. M.O. Alexander of Greenville."

Rep. ALEXANDER:

"Mr. President, ladies and gentlemen of the General Assembly, and guests, it's a real thrill for me to have a part on this program today. We have a very outstanding young fellow to my left here that we are honoring and I would like to tell you just a little about him. His name is Jack Kenneth Wilson, called Kenny. He is the three-year old son of Mr. and Mrs. Jack Wilson of Fountain Inn, South Carolina. Kenny, who has cerebral palsy, was aided in the purchase of a wheelchair through the Easter Seal Society in Greenville.

Kenny loves to swim and attend Sunday School and Children's Church at Wood Memorial Pentecostal Holiness Church. His winning personality and constant smile make everyone consider him a "star". As he left the Greenville Easter Seal office one day, this bubbly three-year-old encouraged everyone to "have a good day", and if he could reach the microphone now, I believe he would tell each of you to have a good day."

Rep. HEARN:

"Our last guest to be introduced will be Brian Heard, who will be introduced by Senator Nikki Setzler and Representative Charles Sharpe from the Lexington Delegation."

Rep. SHARPE:

"Our fourth child is Brian Heard from Pelion, South Carolina. Brian is six years old and attends Pelion Elementary School. His parents are Mr. and Mrs. Eldon Heard. He receives physical therapy, occupational therapy, and speech therapy at the Rose M. Lowe Easter Seal Center in Columbia. We had a message from Brian's mother and father just a few minutes before we came on the floor that Brian was just too ill to participate this morning, but we would still like to remember him and honor him today."

Senator Setzler:

"Mr. President, we would like to extend to Brian our wishes for a speedy recovery and through the Easter Seal, we would extend an invitation to him to be with us next year."

Rep. HEARN:

"Thank all of you for being here with us. There is one other person I want to acknowledge who is here today, and I'm sure the Spartanburg Delegation is very proud of him. We have Sheriff Deputy David Blanton, who is standing over to my left, who has sold nine thousand dollars in Buck-A-Cup pins.

In concluding my remarks, let me say that I hope not a person will come back from lunch without wearing one of these green Buck-A-Cup pins. With that, Mr. President, I turn this program back to you. Thank all of you for being with us."

President Daniel:

"Thank you very much, Rep. Hearn. Let me say on behalf of the entire General Assembly, there are some other groups I want to recognize and thank on behalf of the entire General Assembly. That, of course, is the law enforcement personnel that are with us today and throughout the entire state of South Carolina, the Restaurant Association, of course, and everyone who has worked so very hard to make this Buck-A-Cup Day such a success. You know that by helping others, this Easter Seal Society enables all of us to live in a state that makes room for all of its citizens, a South Carolina that truly cares for people regardless of their physical limitations, a South Carolina that values everyone, not just the strong or the powerful. So, if all of these groups that are represented here today would stand, we would like to show our appreciation to you."

Upon the conclusion of the presentation, the honored guests retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

At 12:20 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

Rep. PEARCE moved that the House recede until 2:30 which was adopted.

At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

The question of a quorum was raised.

A quorum was later present.

On motion of Rep. OGBURN, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3648 -- Rep. Ogburn: A BILL TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380.

Referred to Committee on Labor, Commerce and Industry.

The following was received.
Columbia, S.C., March 12, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor by a vote of : Ayes 0; Nays 46 on R.346 S. 885.

S. 885 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE YEAR 1986 ONLY, ALL COUNTIES WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS AS DETERMINED BY THE MOST RECENT OFFICIAL UNITED STATES CENSUS, WHICH ARE NOT OTHERWISE DESIGNATED AS A LESS DEVELOPED AREA OF THE STATE PURSUANT TO SECTION 12-7-616 OF THE 1976 CODE FOR PURPOSES OF THE TAX CREDIT FOR NEW JOBS, ARE ALSO CONSIDERED A LESS DEVELOPED AREA FOR PURPOSES OF THIS TAX CREDIT FOR NEW JOBS.
Very respectfully,
President

No. 28

Received as information.

The following was received.
Columbia, S. C., March 12, 1986

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. 462:

S. 462 -- Senators Land and Theodore: A BILL TO AMEND SECTIONS 40-57-100, 40-57-110, 40-57-150, 40-57-170, AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90, 40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING, AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM THIRTY DAYS TO SIX MONTHS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE FOR AN ADMINISTRATIVE FINE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 27

Received as information.

Debate was resumed on the following Bill, the pending question being the consideration of Section 16I.

H. 3550 -- The General Appropriations Bill

Rep. McLELLAN asked unanimous consent to pass over remaining amendments in Section 16I and take up Amendment No. 175.

Rep. J. ROGERS objected.

Rep. J. ROGERS moved to adjourn debate upon the Section, which was adopted by a division vote of 56 to 18.

Section 16J was adopted.

Reps. MANGUM and P. HARRIS proposed the following Amendment No. 102 (Doc. No. 2755R), which was adopted.

Amend the bill, as and if amended, Part I, SECTION 16K, page 159, line 5, by inserting opposite /CLASSIFIED POSITIONS/ in column (7) /1,782,160/.

Amend further, page 159, line 10, by inserting opposite /TEMPORARY POSITIONS/ in column (7) /42,524/.

Amend further, page 159, by adding after line 30:

(7)
/ACCOUNTING TECHNICIAN I     13,644/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MANGUM explained the amendment.

The amendment was then adopted.

Rep. DAVENPORT moved to adjourn debate upon the Section which was adopted.

Rep. T. ROGERS proposed the following Amendment No. 84 (Doc. No. 2615R), which was tabled.

Amend the bill, as and if amended, Part I, page 164, SECTION 16L, by adding after line 20:

(7)     (8)
/LONGEVITY     423,747     423,747/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. ROGERS explained the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. WALDROP spoke in favor of the amendment.

Rep. McABEE spoke against the amendment.

Rep. J. ARTHUR asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.

Rep. McABEE continued speaking.

Rep. McABEE moved to table the amendment.

Rep. T. ROGERS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 46 to 20.

Section 16L was adopted.

Section 16M was adopted.

Reps. FOXWORTH, LIMEHOUSE and KAY proposed the following Amendment No. 74 (Doc. No. 2708R), which was tabled.

Amend the bill, as and if amended, Section 16, page 167, left-hand column, by deleting the proviso beginning on line 34.

Amend further, Section 16, page 168, left-hand column, by deleting the provisos beginning on lines 23 and 29.

Amend further, Section 16, page 169, left-hand column, by deleting the provisos beginning on lines 4, 14, 32, and 43.

Amend further, Section 16, page 169, right-hand column, by deleting the provisos beginning on lines 13 and 36.

Amend further, Section 16, page 170, right-hand column, by deleting the provisos beginning on lines 8 and 24.

Amend further, Section 16, page 172, right-hand column, by deleting the proviso beginning on line 31.

Amend further, Section 16, page 173, left-hand column, by deleting the proviso beginning on line 30.

Amend further, Section 16, page 173, right-hand column, by deleting the provisos beginning on lines 5 and 26.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE moved to table the amendment which was agreed to.

Rep. G. BROWN proposed the following Amendment No. 80 (Doc. No. 2733R), which was tabled.

Amend the bill, as and if amended, Part I, Section 16, Budget and Control Board, page 164, line 26, opposite /Base Pay Increase/ by inserting /51,944,662/ in columns (7) and (8).

Amend further, Section 16, page 170, line 43, right-hand column, by striking /3%/ and inserting /6%/.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Rep. P. HARRIS spoke against the amendment and moved to table the amendment.

Rep. G. Brown demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 52 to 20.

Rep. G. BROWN proposed the following Amendment No. 81 (Doc. No. 2736R), which was tabled.

Amend the bill, as and if amended, Part I, Section 16, Budget and Control Board, page 164, line 26, opposite /Base Pay Increase/ by inserting /43,287,219/ in columns (7) and (8).

Amend further, Section 16, page 170, line 43, right-hand column, by striking /3%/ and inserting /5%/.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Rep. P. HARRIS moved to table the amendment.

Rep. G. Brown demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 51 to 23.

Rep. G. BROWN proposed the following Amendment No. 82 (Doc. No. 2737R), which was rejected.

Amend the bill, as and if amended, Part I, Section 16, Budget and Control Board, page 164, line 26, opposite /Base Pay Increase/ by inserting /34,629,775/ in columns (7) and (8).

Amend further, Section 16, page 170, line 43, right-hand column, by striking /3%/ and inserting /4%/.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Rep. P. HARRIS moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Anderson, J.           Blackwell
Blanding               Boan                   Burriss, M.D.
Burriss, T.M.          Carnell                Cork
Dangerfield            Davenport              Edwards
Evatt                  Foster                 Foxworth
Freeman                Gentry                 Gregory
Harris, J.             Harris, P.             Hayes
Hearn                  Helmly                 Hendricks, B.
Holt                   Huff                   Johnson, J.C.
Kay                    Keyserling             Kirsh
Lewis                  Mangum                 Martin, L.
McAbee                 McEachin               McLellan
McTeer                 Nettles                Ogburn
Pearce                 Sharpe                 Sheheen
Simpson                Thrailkill             Townsend
Tucker

Those who voted in the negative are:

Alexander              Altman                 Anderson, S.
Arthur, J.             Bailey, G.             Bailey, K.
Barfield               Beasley                Bradley, J.
Bradley, P.            Brown, G.              Chamblee
Cleveland              Cooper                 Day
Elliott                Faber                  Fair
Ferguson               Gilbert                Hawkins
Johnson, J.W.          Koon                   Lake
Limehouse              Lockemy                Mattos
McBride                McLeod                 Mitchell
Neilson                Petty                  Phillips, L.
Phillips, O.           Rawl                   Rice
Rogers, T.             Shelton                Short
Snow                   Stoddard               Taylor
Toal                   Waldrop                Washington
White                  Wilkins                Williams

So the House refused to table the amendment.

Reps. McLELLAN and MANGUM spoke against the amendment.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 22 to 52.

Rep. T. ROGERS proposed the following Amendment No. 88 (Doc. No. 2585R), which was tabled.

Amend the bill, as and if amended, page 171, Part I, Section 16, by striking beginning on page 170, right column, line 44 through line 29 of the left column on page 171 and inserting:

/Provided, Further, That the Budget and Control Board shall develop a plan for the distribution of the funds appropriated in Section 16L and designated as annual increases so as to provide funds for an average 3 percent increase for unclassified academic and executive compensation system employees. The effective date of these annual increases shall be the first pay date which occurs on or after July 1, 1986. Raises for unclassified academic employees may range from 0 to 6 percent.

Provided, Further, That all such salaries shall be subject to the provisions of Section 138 of Part I of this Act and that specific Budget and Control Board approval must be obtained before any employee may be granted an annual pay raise in excess of 6 percent. It shall be the responsibility of the individual agency to operate this program such that the average annual increase not exceed 3 percent./

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. ROGERS explained the amendment.

Rep. FABER asked unanimous consent that the time of the speaker be extended 1 minute, which was agreed to.

Rep. T. ROGERS continued speaking.

Rep. McLELLAN spoke against the amendment.

Rep. TOWNSEND asked unanimous consent that the time of the speaker be extended 2 minutes, which was agreed to.

Rep. McLELLAN continued speaking and moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Alexander              Altman
Anderson, J.           Arthur, W.             Bailey, G.
Bailey, K.             Blackwell              Boan
Bradley, P.            Brown, H.              Burriss, M.D.
Carnell                Chamblee               Cooper
Cork                   Dangerfield            Davenport
Day                    Edwards                Elliott
Ferguson               Foxworth               Harris, J.
Harris, P.             Hearn                  Helmly
Hendricks, B.          Hendricks, L.          Holt
Keyserling             Kirsh                  Klapman
Lake                   Lewis                  Limehouse
Mangum                 Martin, D.             Martin, L.
Mattos                 McAbee                 McLellan
McTeer                 Mitchell               Nettles
Petty                  Rice                   Rogers, J.
Sharpe                 Simpson                Thrailkill
Townsend               Woodruff

Those who voted in the negative are:

Arthur, J.             Barfield               Brown, G.
Derrick                Faber                  Fair
Felder                 Freeman                Gentry
Gregory                Griffin                Harvin
Hawkins                Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Lockemy
McBride                McEachin               Moss
Pearce                 Phillips, L.           Rogers, T.
Russell                Sheheen                Shelton
Short                  Taylor                 Toal
Tucker                 Waldrop                White
Wilkins

So, the amendment was tabled.

Reps. BEASLEY, J. ROGERS, WINSTEAD, P. BRADLEY, H. BROWN, LIMEHOUSE and FOXWORTH proposed the following Amendment No. 183 (Doc. No. 2731R), which was adopted.

Amend the bill, as and if amended, Part I, Section 16, page 170, by striking the proviso which begins on line 40 in the right-hand column and inserting:

/Provided, Further, That, notwithstanding any appropriations contained on particular line items to the contrary, effective on the first pay day which occurs on or after July 1, 1986, the base salary of all agency and department heads and classified and unclassified employees shall be increased by three percent unless otherwise prohibited herein. This three percent base salary increase limitation contained in this proviso does not apply to employee bonus awards, to merit or longevity increases, or to compensation increases due to executive salary and performance evaluations, provided the salary increase of the agency head does not exceed the limits otherwise contained in this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. McLELLAN spoke against the amendment.

Reps. SIMPSON and BEASLEY spoke in favor of the amendment.

Rep. McLELLAN moved to table the amendment.

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

Those who voted in the affirmative are:

Schwartz               Altman                 Anderson, J.
Arthur, J.             Blackwell              Blanding
Boan                   Carnell                Cooper
Dangerfield            Edwards                Foster
Freeman                Harris, J.             Harris, P.
Harvin                 Hayes                  Holt
Huff                   Keyserling             Kirsh
Koon                   Lewis                  Mangum
McAbee                 McLellan               McTeer
Nettles                Rogers, T.             Sheheen
Toal

Those who voted in the negative are:

Alexander              Arthur, W.             Bailey, G.
Bailey, K.             Barfield               Beasley
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Burriss, M.D.          Chamblee
Cleveland              Cork                   Davenport
Day                    Derrick                Faber
Fair                   Felder                 Ferguson
Foxworth               Gentry                 Gilbert
Gregory                Griffin                Hawkins
Hearn                  Hendricks, B.          Hendricks, L.
Johnson, J.C.          Johnson, J.W.          Kay
Lake                   Limehouse              Lockemy
Martin, D.             Martin, L.             Mattos
McBride                McEachin               Mitchell
Moss                   Neilson                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rawl                   Rice
Rogers, J.             Russell                Shelton
Short                  Simpson                Taylor
Tucker                 Waldrop                White
Wilkins                Williams               Woodruff

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

I was mistakenly voted in favor of tabling Amendment No. 183. I wish to be recorded as voting "No".

REP. TOM HUFF

Rep. TOAL moved to adjourn debate upon the Section, which was adopted.

Rep. KIRSH explained the section.

Rep. McABEE proposed the following Amendment No. 153 (Doc. No. 2852R), which was adopted.

Reference is to the bill as introduced by the Ways and Means Committee. Section 17.

Amend the bill, as and if amended, Part I, by adding at the end an appropriately numbered section to read:

/SEC.     ___.     All agency heads and supervisory personnel may attend seminars sponsored or co-sponsored by state-supported institutions of higher education to which they are invited free of charge, except for actual costs of materials germane to the seminar subject matter./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 185 which was adopted.

Amend, as and if amended, part I, Section 17, Commission on Higher Education, page 175, line 13, by inserting in Columns (7) and (8): $/132,138/.

Amend Further, page 175, line 27, by inserting in Columns (7) & (8): $/671,950/.

Amend Further, page 175, line 29, by inserting in Columns (7) & (8): $/100,00/.

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. TAYLOR, G. BROWN, R. BROWN, WALDROP, J. BRADLEY, BEASLEY, HUFF, HEARN, WILLIAMS, L. MARTIN, FOSTER, RHOAD, PETTY, EVATT, L PHILLIPS, LAKE, ALEXANDER, FERGUSON, BRETT, NETTLES, MATTOS, HAWKINS, P. BRADLEY, J.W. JOHNSON, CHAMBLEE, McEACHIN, HAYES, FAIR, DAVENPORT, J. ANDERSON, MITCHELL, BENNETT, KIRSH, TUCKER, TOAL, HEARN, T. ROGERS, McBRIDE, OGBURN, BOAN, CORK, FABER, M.D. BURRISS and T.M. BURRISS proposed the following Amendment No. 189 (Doc. No. 2725R), which was adopted.

Amend the bill, as and if amended, Part I, Section 17, Commission on Higher Education, P. 175, by striking in its entirety line 28 ("Out Of State School Of The Art"/Special Item).

Amend further, p. 176, by striking lines 33 through 38 in the provisos area, in the right-hand column.

Amend totals and title to conform.

Rep. TOAL explained the amendment.

The SPEAKER Pro Tempore granted Rep. MARCHANT a leave of absence for the remainder of the day.

Reps. FOXWORTH and KEYSERLING spoke against the amendment.

Rep. OGBURN spoke in favor of the amendment.

Rep. KEYSERLING moved to table the amendment.

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

Those who voted in the affirmative are:

Blackwell              Blanding               Brown, H.
Dangerfield            Elliott                Foxworth
Freeman                Harvin                 Keyserling
Lewis                  McEachin               McLellan
McTeer                 Moss                   Pearce
Rogers, J.             Shelton                Short
Simpson                Snow                   White
Wilkins

Those who voted in the negative are:

Schwartz               Alexander              Altman
Anderson, J.           Anderson, S.           Arthur, J.
Arthur, W.             Bailey, G.             Bailey, K.
Bennett                Boan                   Bradley, P.
Brown, R.              Burriss, M.D.          Chamblee
Cooper                 Cork                   Davenport
Day                    Evatt                  Faber
Fair                   Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Hawkins                Hayes
Hearn                  Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Kirsh
Klapman                Lake                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McBride
McKay                  Mitchell               Neilson
Nettles                Ogburn                 Petty
Phillips, L.           Phillips, O.           Rawl
Rhoad                  Rice                   Rogers, T.
Russell                Sharpe                 Sheheen
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Williams

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 17.

Rep. SCHWARTZ moved to reconsider the vote whereby Sections 11, 12, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, 16G, 16H, 16J, 16L and 16M were adopted and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 3533 -- Reps. Gordon, Gregory, Limehouse, Altman, L. Phillips, Lockemy, Sturkie, Day, Pearce, Holt, Winstead, D. Martin, Davenport, O. Phillips, Stoddard, J. Arthur, Sharpe, Rigdon, Rhoad, Thrailkill, Koon, Kirsh, Alexander, McKay, Rice, Jones, Carnell, Mattos, Blackwell, Klapman, Gentry, Lake, McLeod, Foxworth, Shelton, McEachin, J.W. Johnson, Hawkins, Fair, H. Brown, G. Brown, McLellan, McTeer, J. Rogers, Neilson, McAbee, P. Bradley, Simpson, Wilkins, Derrick and Gilbert: A CONCURRENT RESOLUTION URGING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, THE UNITED STATES DEPARTMENT OF JUSTICE, THE FEDERAL COMMUNICATIONS COMMISSION, AMERICAN TELEPHONE & TELEGRAPH COMPANY, AND THE NATION'S OTHER TELEPHONE COMPANIES TO TAKE APPROPRIATE AND CONCERTED STEPS TO BRING TO A HALT THE AVAILABILITY OF CERTAIN "900" TELEPHONE NUMBERS WHICH PROVIDE PORNOGRAPHIC MESSAGES.

H. 3640 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MILLARD JETHRO REID OF CHEROKEE COUNTY UPON HIS DEATH.

H. 3646 -- Reps. Carnell, McAbee and J.C. Johnson: A CONCURRENT RESOLUTION CONGRATULATING GREENWOOD HIGH SCHOOL BANDS UPON WINNING NUMEROUS AWARDS OF MERIT IN 1985 AND COMMENDING THEM FOR THEIR OUTSTANDING ABILITY AND TALENT AND COMMITMENT TO EXCELLENCE.

H. 3647 -- Rep. Chamblee: A CONCURRENT RESOLUTION TO CONGRATULATE NANCY G. CARTEE OF ANDERSON ON BEING NAMED CHAIRPERSON OF THE COMPREHENSIVE STUDIES DIVISION OF TRI-COUNTY TECHNICAL COLLEGE AND TO EXTEND BEST WISHES IN HER NEW APPOINTMENT.

At 5:20 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned to meet at 10:00 A.M. tomorrow.

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