South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

TUESDAY, JANUARY 16, 1990

Tuesday, January 16, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God our Father, Who dost overarch our fast fleeting days with things that are eternal and dost undergird our weakness with Thy strength, cause us to focus our programs upon Thy truths and teachings. In our human limitations, we are beset by many problems and perplexities. We turn, then, to Thee, O Lord, Whose understanding is like the wideness of the sea and Whose concern is as broad as the sky above. Fill us with Thy wisdom; then send us forth as heralds bearing the bread of human kindness and the red wine of sacrificial service. At the altar of Thy love we lift up the offering of humble and grateful hearts. Favor us with Thy never-failing presence now and always.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

REPORT RECEIVED

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:     DECEMBER 20, 1989

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 Congressional Districts and the At Large District. The Merit Selection Panel submitted the following nominees to the Joint Legislative Screening Committee for its consideration:

FIRST DISTRICT                                             SECOND DISTRICT
Mrs. Marjorie Amos-Frazier             Mr. Clayton Baker Ingram
Mr. Jimmy L. Green                                         Mr. Henry Yonce

THIRD DISTRICT                                                 FOURTH DISTRICT
Mr. Guy Butler                                                     Mr. Fred A. Fuller, Jr.
Mr. Wayne A. Smalley                             Mr. Ben T. Gibson, Jr.

FIFTH DISTRICT                                             SIXTH DISTRICT
Mr. Cecil A. Bowers                                         Mrs. Caroline H. Maass
Mr. Lanny Brian Estridge                     Mr. Terry E. Watkins

AT LARGE
Mr. Rudolph Mitchell

Mr. Curtis Graves, At Large District, and Mr. Leo K. Shelton, Jr., District Number Three, both requested that their names be withdrawn as candidates.

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 Tuesday, December 19, 1989, 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.

Senator Donald H. Holland, Chairman
Senator John C. Hayes, III
Senator W. Richard Lee
Senator Jefferson M. Long, Jr.
Rep. Larry Blanding
Rep. Thomas E. Huff
Rep. Timothy C. Wilkes
Rep. Richard M. Quinn, Jr.

HEARING OF DECEMBER 19, 1989

SENATOR HOLLAND: LADIES AND GENTLEMEN, I'M GOING TO CALL THE COMMITTEE TOGETHER.

I REALIZE IT'S BEEN SOMEWHAT OF A BURDEN ON ALL OF YOU THIS MORNING TO GET HERE, BUT WE HAVE HAD QUITE A PROBLEM DECIDING WHETHER TO GO ON THROUGH WITH THE PURPOSE OF THIS COMMITTEE THIS MORNING OR TO DELAY IT. DUE TO THE FACT THAT WE WOULD HAVE TO GIVE REQUIRED NOTICES IF WE DECIDED TO DELAY IT OR CONTINUE IT BECAUSE OF WEATHER CONDITIONS, WE DECIDED TO GO ON THROUGH WITH THE PROCESS, AND WE INTEND TO TRY TO MOVE AS EXPEDITIOUSLY AS WE CAN SO WE CAN BE THROUGH AND GET YOU OUT OF HERE.

WE HAVE ONE MEMBER OF THE COMMITTEE, SENATOR HAYES OF ROCK HILL, FROM WHOM WE RECEIVED WORD ABOUT WEATHER CONDITIONS GETTING WORSE IN HIS AREA SO IT MIGHT BE THAT HE MIGHT HAVE TO BE EXCUSED.

I'M DONALD HOLLAND, AND THERE ARE SOME OF THE OTHER MEMBERS OF THE COMMITTEE WHO ARE HERE THIS MORNING AND THERE ARE OTHERS ON THE WAY. TO MY RIGHT YOU HAVE MR. QUINN AND MR. LARRY BLANDING AND SENATOR HAYES. I UNDERSTAND SENATOR LEE IS ON HIS WAY, AND I BELIEVE REPRESENTATIVE WILKES IS ON HIS WAY. REPRESENTATIVE HUFF HAS THE FLU. BUT WE ARE PREPARED TO MOVE ON.

WE DID GIVE SORT OF A TIME FRAME FOR EACH CANDIDATE AND IT'S KIND OF WORRYING US HERE THAT WE MIGHT HAVE TO WAIT HERE UNTIL THAT PARTICULAR TIME COMES, AND IF WE CAN WORK AROUND THAT AND PROCEED EVEN THOUGH--IF THE CANDIDATES ARE HERE, WE INTEND TO DO SO.

THIS COMMITTEE IS CONVENED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY REQUIRING THE REVIEW OF CANDIDATES FOR THE PUBLIC SERVICE COMMISSION.

I HAVE SERVED AS CHAIRMAN OF THIS COMMITTEE, I BELIEVE, NOW FOR ABOUT 12 OR 16 YEARS AND EVEN THOUGH IT IS A TYPE OF PREFUNCTORY PROCESS, THE INQUIRY OF THIS COMMITTEE HAS BEEN A THOROUGH ONE. SO, IN TERMS OF SEVERAL YEARS AGO, EVEN THOUGH THE MERIT SELECTION PANEL HAD CERTIFIED CERTAIN CANDIDATES UP TO THIS COMMISSION, THIS COMMITTEE DISQUALIFIED SOME BECAUSE OF THE BASIC REQUIREMENTS OF THE LAW THAT HAD NOT BEEN MET.

EACH APPLICANT HERE TODAY HAS BEEN INVESTIGATED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND A CHECK OF THE COURTHOUSE RECORDS AS TO JUDGMENTS AND CREDIT HAS BEEN MADE. WE HAVE REQUIRED A STATEMENT OF ECONOMIC INTEREST OF EACH ONE OF YOU, YOU HAVE HAD A CREDIT REPORT DONE ON YOU, AND WE HAVE REQUIRED YOU TO FURNISH US FIVE PERSONAL REFERENCES.

THE PURPOSE OF THIS COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES IN ANY MANNER BUT SIMPLY TO DETERMINE WHO ARE QUALIFIED FOR THE POSITION THEY SEEK.

THIS MEETING WAS GIVEN PUBLIC NOTICE WHICH IS REQUIRED BY THE ACT UNDER WHICH WE OPERATE AND IT'S FOR THAT REASON THAT WE--WITH GREAT HESITANCY WE DIDN'T DELAY IT BECAUSE WE WOULD HAVE TO START THE PROCESS ALL OVER AGAIN.

IF YOU WILL BEAR WITH US AND STICK WITH US, WE WILL PROCEED THIS MORNING; AND MOST OF THE QUESTIONING WILL BE DONE BY THE COUNSEL FOR THIS COMMITTEE, THE INITIAL QUESTIONING; THAT'S MIKE COUICK, ATTORNEY FOR THE SENATE JUDICIARY COMMITTEE WHO IS STAFFING THIS COMMITTEE. AND I WANT TO THANK THEM FOR THE WORK THEY HAVE DONE IN STAFFING THIS COMMITTEE. HERETOFORE, IT HAD BEEN DONE BY THE STAFF OF THE GENERAL COMMITTEE BUT IT GOT TO BE SUCH A PROCESS THAT WE DIDN'T HAVE THE STAFF.

I UNDERSTAND THAT ONE OF THE CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO IS RUNNING AT LARGE, MR. RUDOLPH MITCHELL, DOES NOT HAVE ANY OPPOSITION OR HIS OPPOSITION HAS WITHDRAWN AND WE'RE GOING TO PERMIT HIM, THE OTHER MEMBERS OF THE COMMITTEE WILLING, TO APPEAR FIRST, AND BECAUSE HE WAS SCHEDULED TO BE HERE TOMORROW BUT WHEN WE DECIDED WE WOULD TRY TO DO THIS SCREENING PROCESS IN ONE DAY, HE GRACIOUSLY AGREED TO COME ON IN TODAY.

WE AT ONE TIME THOUGHT IT WOULD TAKE US TWO DAYS TO GO THROUGH THIS PROCESS BECAUSE THERE WERE CERTAIN INDIVIDUALS AND GROUPS WHO WANTED TO BE HEARD WHO SEEM TO NOW HAVE DISSIPATED OR WITHDRAWN FROM WANTING TO BE HEARD. WE WILL TRY TO DO IT IN ONE DAY.

IF THERE IS NO OBJECTION FROM THE OTHER MEMBERS OF THE COMMITTEE, I'M GOING TO ASK MR. RUDOLPH MITCHELL TO COME FORWARD. MR. MITCHELL IS RUNNING FOR A SEAT AT LARGE ON THE PUBLIC SERVICE COMMISSION.

RUDOLPH, I'M GOING TO TURN YOU OVER TO MR. COUICK, THE ATTORNEY FOR THIS COMMITTEE.

MR. MITCHELL: THANK YOU.

(MR. RUDOLPH MITCHELL, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION SEAT AT LARGE, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. MITCHELL, HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY PREPARED BY OUR OFFICE, THE COPY WE GAVE YOU THIS MORNING?
A     I HAVE.
Q     IS IT CORRECT? IS THERE ANYTHING THAT NEEDS TO BE CLARIFIED ON THE SUMMARY?
A     I BELIEVE IT'S ALL TRUE AND CORRECT, MR. COUICK.
Q     IS THERE ANY OBJECTION ON YOUR PART TO MAKING THE SUMMARY A PART OF THE OFFICIAL RECORD AS YOUR SWORN TESTIMONY; AND IF SO, IT WOULD BE PUT INTO THE TRANSCRIPT OF THIS HEARING; DO YOU HAVE ANY OBJECTION?
A     I HAVE NO OBJECTION.
Q     THANK YOU, MR. MITCHELL.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Rudolph Mitchell

Home Address:                                             Business Address:

Rt. 1, Box 152                                             P. O. Drawer 11649

Saluda, SC 29138                             Columbia, SC 29211

2.     Mr. Mitchell was born in Saluda, South Carolina on September 6, 1926.

Social Security Number: ***-**-*****.

4.     Mr. Mitchell was married to Janie Lenora Werts Mitchell on July 30, 1949. They have 2 children: Molly Spearman, age 35 (public school music teacher with Saluda County School system); and Randy, age 39 (Probate Judge in Saluda County).

5.     Mr. Mitchell served in the U. S. Army from August 16, 1945 through January 17, 1947 in the Infantry branch. He received an honorable discharge at the rank of Corporal.

6.     Mr. Mitchell is a graduate of Hollywood High School. In 1981, he completed a course of study for Administrative Law Judges at the National College of the State Judiciary, University of Nevada. In 1980, he attended a co-generation seminar and a conference on Utilities and Energy Efficiency: New Opportunities and Risks. Both seminars were directed by the U. S. Department of Energy.

7.     Mr. Mitchell served from January 1, 1963 through July 1, 1973 in the S. C. House of Representatives. While serving in the House, he was appointed Chairman of the House Agriculture and Conservation Committee. He was also elected by the S. C. General Assembly to the S. C. Public Service Commission in 1973, and is presently serving with the Commission.

9.     Mr. Mitchell worked on his father's dairy farm during high school, and after graduation, entered the business as a partner with his brother. The business was called "Mitchell Brothers Guernsey Farms." He operated this business for approximately 20 years.

10.     Mr. Mitchell is no longer involved in any business or enterprise.

14.     Mr. Mitchell was sued along with the other members of the Public Service Commission by Tom Turnipseed as an individual and as a representative of others similarly situated. The action was commenced on October 29, 1979. The court allowed the plaintiff to participate in certain rate adjustment proceedings. The case was settled without trial.

16.     Mr. Mitchell is in excellent health.

22/23.

Mr. Mitchell is a member of the following groups: NARUC; SEARUC; S. C. Farm Bureau; S. C. State Grange; Saluda Mental Health Association; American Legion; and Master R. Grange.

25.     References:

Glenda H. Metts

Newberry Federal

Saluda, SC

Alfred B. Coleman, Chairman

Saluda County Council

Saluda, SC

Ray E. Frazier, County Director

Saluda County Council

Saluda, SC

Robert F. Bowles

Saluda Nursing Center

Saluda, SC

Faye Y. Crawford

Saluda, SC

Q     MR. MITCHELL, WE HAVE INVESTIGATED YOUR CREDIT; YOUR CREDIT HAS BEEN REPORTED AS SATISFACTORY. WE HAVE INVESTIGATED RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES AND ALL REPORTS HAVE BEEN NEGATIVE. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE, ALSO, NEGATIVE. THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY ARE, ALSO, NEGATIVE.

WE HAVE EXAMINED YOUR STATEMENT OF ECONOMIC INTEREST AND WE HAVE FOUND THAT THERE ARE NO CONFLICTING OWNERSHIPS, ASSOCIATIONS, OR ANY TRANSACTIONS.

ON ANY OF THESE MATTERS I HAVE JUST MENTIONED, DO YOU WISH TO OFFER ANY UPDATE TO THE COMMITTEE AT THIS TIME?
A     NO, I DO NOT, MR. COUICK.

MR. COUICK: MR. CHAIRMAN.

SENATOR HOLLAND: MR. MITCHELL, I'M GOING TO ASK IF ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF YOU AT THIS TIME AND THEN I MIGHT HAVE ONE OR TWO MYSELF. STARTING TO MY RIGHT, REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NO.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NO QUESTIONS.

SENATOR HOLLAND: SENATOR?

SENATOR HAYES: NO.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. MITCHELL, YOU'VE BEEN A MEMBER OF THE COMMITTEE FOR HOW LONG?
A     16 YEARS, CHAIRMAN HOLLAND.
Q     HOW MANY TIMES HAVE YOU BEEN SCREENED BY THE MERIT SELECTION COMMITTEE?
A     THIS IS MY SECOND TIME BEING SCREENED BY THE MERIT PANEL.
Q     HAD YOU BEEN ELECTED PRIOR TO THE MERIT---
A     I HAD BEEN ELECTED PRIOR TO THE NEW ORGANIZATIONAL STRUCTURE.
Q     DO YOU KNOW OF ANYTHING BECAUSE OF YOUR BUSINESS INTERESTS OR OTHERWISE THAT WOULD BE IN CONFLICT WITH YOUR RENDERING THE TYPE OF SERVICES THE GENERAL ASSEMBLY ASKS YOU TO?
A     NO, I DO NOT, CHAIRMAN HOLLAND.

SENATOR HOLLAND: I HAVE NO FURTHER QUESTIONS. THANK YOU, MR. MITCHELL.
A     THANK YOU.

SENATOR HOLLAND: NOW WE GO UP TO DISTRICT ONE AND WE'LL START OFF WITH DISTRICT ONE AND THE TWO CANDIDATES ARE MRS. MARJORIE AMOS-FRAZIER AND MR. JIMMY L. GREEN. AND, MRS. FRAZIER, WE WILL ASK YOU TO COME FORWARD AT THIS TIME.

MR. COUICK: GOOD MORNING, MRS. FRAZIER.

MRS. FRAZIER: GOOD MORNING.

(MRS. MARJORIE AMOS-FRAZIER, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, DISTRICT ONE, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MRS. FRAZIER, WE HAVE GIVEN YOU A COPY OF THE PERSONAL DATA QUESTIONNAIRE SUMMARY THAT OUR OFFICE HAD PREPARED. HAVE YOU HAD A CHANCE TO REVIEW IT THIS MORNING?
A     RIGHT, I HAVE.
Q     IS THERE ANYTHING THAT NEEDS TO BE CORRECTED OR CLARIFIED ON THAT SUMMARY?
A     I HAD ONE LITTLE CORRECTION AND I DID THAT ALREADY.
Q     ALL RIGHT. IS THERE ANY OBJECTION TO MAKING THE SUMMARY OF THIS, OF YOUR ANSWERS AS PART OF THIS TRANSCRIPT OF THE HEARING?
A     NONE WHATSOEVER.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Marjorie Amos-Frazier

Home Address:                                             Business Address:

361 Ashley Avenue                             111 Doctors Circle

Charleston, SC 29403                     Columbia, SC 29211

2.     Mrs. Frazier was born in Manning, South Carolina on January 13, 1926.

Social Security Number: ***-**-*****.

4.     Mrs. Frazier was married to Harmon Frazier on November 17, 1979. She has 5 children: Vertelle A. Kenion, age 47 (small business owner); Elease A. Goodwin, age 46 (small business owner); William P. Amos, age 44 (restaurant & catering); Harmon J. Amos, age 33 (construction); and Wilford O. Amos, age 32 (unemployed).

6.     Mrs. Frazier attended Manning High School and has taken correspondence courses in psychology, leadership training, and public speaking.

7.     Mrs. Frazier's previous public service includes membership on Charleston County Council. She is currently a member of the Public Service Commission.

16.     Mrs. Frazier is in excellent health.

22.     Mrs. Frazier is a member of the Southeastern Association of Regulatory Utility Commissioners and the National Association of Regulatory Utility Commissioners.

23.     Mrs. Frazier has been or is currently a member of the Democratic Party, the NAACP, the National Council of Negro Women, the Judicial Council of the National Democratic Committee, Morris Brown A.M.E. Church, the YWCA, and the Spoleto Board of Directors.

25.     References:

Rev. James Blake, Pastor

Morris Brown A.M.E. Church

Charleston, S. C.

Mr. William Ackerman, Attorney

Shimel, Ackerman, Theos, Spar & Robinson

Charleston, S. C.

The Honorable Joseph Riley, Jr.

Mayor, City of Charleston

Charleston, S. C.

Mr. Thomas Nolen, Vice-President

First Citizens Bank

Charleston, S. C.

Bishop Frederick James

A.M.E. Church

Columbia, S. C.

Q     WHAT WAS YOUR OBJECTION TO THE SUMMARY?
A     I THINK IT WAS PROBABLY A MISTAKE WITH THE TYPIST.
Q     A TYPOGRAPHICAL ERROR?
A     YES, A TYPOGRAPHICAL ERROR.
Q     THANK YOU. IN OUR INVESTIGATION OF YOUR BACKGROUND, MRS. FRAZIER, WE HAVE FOUND THAT YOUR CREDIT IS REPORTED AS SATISFACTORY. THE RECORDS OF ALL APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE ALSO NEGATIVE. THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY OF CHARLESTON ARE ALSO NEGATIVE. WE HAVE ALSO REVIEWED YOUR STATEMENT OF ECONOMIC INTERESTS AND FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS, OR TRANSACTIONS. SINCE THAT REPORT WAS TURNED IN ABOUT A MONTH AGO, DO YOU HAVE ANY UPDATES TO OFFER TO ANY OF THOSE QUESTIONS OR THAT YOU WANT TO REPORT TO THIS COMMITTEE?
A     NO.

MR. COUICK: MR. CHAIRMAN.

SENATOR HOLLAND: ANY QUESTIONS OF MRS. FRAZIER BY ANY OTHER MEMBERS OF THE COMMITTEE, STARTING ON THE RIGHT WITH REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NO, SIR.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NO QUESTIONS.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

EXAMINATION BY SENATOR HOLLAND:
Q     MRS. FRAZIER, HOW MANY YEARS HAVE YOU BEEN ON THE PUBLIC SERVICE COMMISSION?
A     9 AND A HALF YEARS, SENATOR.
Q     HOW LONG?
A     9 AND A HALF.
Q     THIS WILL BE THE SECOND TIME YOU'VE BEEN SCREENED BY THE MERIT SELECTION PANEL?
A     THIS IS ACTUALLY MY THIRD TIME BECAUSE OF FINISHING OUT A TWO-YEAR TERM AT THE BEGINNING OF THE PANEL.
Q     YOU LIVE IN CHARLESTON?
A     YES.
Q     NO QUESTION THAT THIS IS THE DISTRICT THAT YOU SEEK TO BE ELECTED?
A     BEG YOUR PARDON?
Q     THERE'S NO QUESTION YOU LIVE IN THE PROPER DISTRICT?
A     NO.
Q     I ASK YOU THAT; SOMETIMES WE'VE FOUND THAT SOME DON'T LIVE IN THE PROPER DISTRICT.
A     NO QUESTION.
Q     DO YOU KNOW OF ANY REASON BECAUSE OF YOUR BUSINESS OR YOUR PERSONAL INTERESTS THAT WOULD PREVENT YOU FROM BEING QUALIFIED AS A CANDIDATE BY THIS COMMITTEE?
A     I KNOW OF NO REASON.
Q     DO YOU DEAL WITH THE STATE IN ANY MANNER BUSINESS-WISE?
A     NO, I DO NOT.

SENATOR HOLLAND: I HAVE NO FURTHER QUESTIONS.

MR. COUICK: THANK YOU, MRS. FRAZIER.
A     THANK YOU VERY MUCH.

SENATOR HOLLAND: MR. GREEN.

(MR. JIMMY L. GREEN, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, DISTRICT ONE, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. GREEN, HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY WE GAVE YOU A COPY OF THIS MORNING?
A     YES, SIR, I HAVE.
Q     IS THERE ANY CORRECTION OR CLARIFICATION THAT NEEDS TO BE MADE?
A     ONE POSSIBLE CLARIFICATION ON NUMBER 9.
Q     PLEASE, STATE HOW YOU WOULD CLARIFY IT.
A     IF THE DATES THAT I WORKED FOR THOSE WOULD CLARIFY ANYTHING, IF THAT WOULD BE HELPFUL.
Q     IF YOU WOULD JUST PENCIL THOSE IN TO THAT SUMMARY WE GAVE YOU AND GIVE IT TO THE SECRETARY, WE WILL BE GLAD TO MAKE THEM.
A     YES.
Q     IS THERE ANY OBJECTION ON YOUR PART, ONCE THOSE CORRECTIONS ARE MADE, THAT THIS SUMMARY BE MADE A PART OF THE TRANSCRIPT OF THIS HEARING?
A     NO OBJECTION.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Jimmy L. Green

Home Address:                                             Business Address:

1058 Renwood Drive                         1000 Herbert Street

Charleston, SC 29412                 Charleston, SC 29405

2.     Mr. Green was born in Rock Hill, South Carolina on December 19, 1946.

Social Security Number: ***-**-*****.

4.     Mr. Green married Ellen Carraway Green on November 30, 1968. He has two children: Kristin L., age 18 (college student); and James W., age 16 (high school student).

5.     Mr. Green served on active duty in the U. S. Army as Captain from 1969 - 1975. He has been in the U. S. Army Reserve since his release from active duty, serving as a Lieutenant Colonel.

6.     Mr. Green graduated from Fort Mill High School in 1964 and received his B. S. degree in Business Administration from The Citadel in 1968. He received his Masters in Public Administration from the College of Charleston in 1988.

7.     Mr. Green served on the James Island Park and Playground Commission from 1979 through 1981.

9.     For most of his adult life, Mr. Green served on active duty with the U. S. Army from February 1, 1969 through September 30, 1975. He was employed by the S. C. Land Resources Commission from October, 1975 until August, 1979. Mr. Green worked for the James Island Public Service District from August, 1979 through November 30, 1982. He has been employed by the North Charleston Sewer District from December 1, 1982 through the present. Mr. Green worked with Springs Industries, Inc. from August, 1968 through January, 1969 while awaiting entry on active duty with the U. S. Army.

14.     Mr. Green was sued in Oklahoma (the case arose out of an automobile accident involving his wife). The case was settled out of court.

16.     Mr. Green's health is good.

18.     Mr. Green was hospitalized in 1988 for a brief period for diverticulitis. He has mild hypertension and wears glasses for nearsightedness.

22/23.

Mr. Green's professional organizations include: Water Pollution Control Association of S. C.; Low Country District 7, WPCA; Reserve Officers Association; Association of U. S. Army; S. C. Governmental Purchasing Officials Association; American Legion; James Island Citizens Foundation; Fort Johnson Baptist Church (deacon).

25.     References:

Miner Crosby

North Charleston Sewer District

Charleston, SC

Keith Summey

Charleston County Council

Charleston, SC

Michael Turner

Fort Johnson Baptist Church

Charleston, SC

Michael Blakely

South Carolina National Bank

Charleston, SC

Ray Orvin

Director of Finance and Administration

Beaufort-Jasper Water & Sewer Authority

Beaufort, SC

Q     MR. GREEN, WE'VE HAD A CHANCE TO REVIEW YOUR CREDIT AND ALL THE REPORTS REPORTED AS BEING SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE ALSO NEGATIVE. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE. WHEN I SAY "NEGATIVE," THAT MEANS--THIS WOULD GO FOR ALL CANDIDATES--THIS MEANS THAT THERE ARE NO ENTRIES THERE. IT DOESN'T MEAN NEGATIVE IN THE SENSE OF QUALITATIVE. THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY CHARLESTON ARE NEGATIVE. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES THAT YOU HAVE NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. SINCE YOU FILED YOUR PERSONAL DATA QUESTIONNAIRE A MONTH AGO IS THERE ANYTHING ELSE YOU WOULD LIKE TO OFFER TO THE COMMITTEE THAT MAY BE IMPORTANT IN TERMS OF CONSIDERING WHETHER YOU HAVE ANY CONFLICTING OWNERSHIPS OR TRANSACTIONS?
A     NO.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF MR. GREEN? REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NO.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NO QUESTIONS.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. GREEN, DO YOU KNOW OF ANY ECONOMIC CONFLICTS YOU MIGHT HAVE WITH YOUR SERVICE ON THE PUBLIC SERVICE COMMISSION BECAUSE OF YOUR BUSINESS OR ANY OTHER RELATIONSHIP YOU MIGHT HAVE?
A     NONE TO MY KNOWLEDGE, NO, SIR.
Q     YOU DO LIVE IN THE DISTRICT?
A     YES, SIR, I LIVE IN CHARLESTON.
Q     FOR WHICH YOU SEEK TO BE ELECTED?
A     YES, SIR.

SENATOR HOLLAND: I HAVE NO FURTHER QUESTIONS. YOU MAY BE EXCUSED UNLESS SOME OTHER MEMBER HAS A QUESTION. (NONE INDICATED OR VOICED)
A     THANK YOU, SIR.

SENATOR HOLLAND: THANK YOU SO MUCH. LET'S GO TO DISTRICT TWO AND SEE IF THE CANDIDATES ARE HERE. THE FIRST CANDIDATE WOULD BE MR. INGRAM.

MR. INGRAM: YES, SIR.

SENATOR HOLLAND: COME FORWARD, MR. INGRAM.

MR. COUICK: HOW ARE YOU DOING, MR. INGRAM?

MR. INGRAM: FINE.

(MR. CLAYTON BAKER INGRAM, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. INGRAM, WE HAVE GIVEN YOU A COPY OF THE SUMMARY OF YOUR PERSONAL DATA QUESTIONNAIRE WE HAVE HAD PREPARED THIS MORNING; HAVE YOU HAD A CHANCE TO REVIEW IT?
A     YES, SIR, I HAVE.
Q     IS THERE ANYTHING THAT NEEDS TO BE CORRECTED OR CLARIFIED ON THAT STATEMENT?
A     NO, SIR.
Q     DO YOU HAVE ANY OBJECTION TO MAKING IT A PART OF THE RECORD OF THIS HEARING TODAY?
A     NO, SIR.
Q     THANK YOU, MR. INGRAM.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Clayton Baker Ingram

Home Address:                                             Business Address:

1215 Harvey Street                             230 Business Park Boulevard

Columbia, SC 29201                     Columbia, SC 29203

2.     Mr. Ingram was born in Cheraw, South Carolina on June 29, 1961.

Social Security Number: ***-**-*****.

4.     Mr. Ingram married Valerie Rose Ingram on September 22, 1985.

6.     Mr. Ingram received a B.A. degree in Journalism, Advertising and Public Relations from the University of South Carolina in the spring of 1983.

9.     Mr. Ingram was a sales representative with various companies, including Heritage Wines and Spirits (January 1989-present), Columbia Distributing Corporation (February 1987-May 1988), and Fine Wines of Ben Arnold Corporation (August 1986-February 1988). He was managing partner for John Barleycorn, Inc., from June 1984-June 1986 and an assistant manager of Wines, Etc. of Columbia, from August 1983-June 1984. He was also a page in the S.C. Senate from August 1979-January 1983.

14.     Mr. Ingram was sued for $100.00 in Small Claims Court.

16.     Mr. Ingram's health is excellent.

22.     Mr. Ingram's memberships, past and present, in various organizations include: Columbia Council of Neighborhoods; Earlewood Community Citizens Organization; John Fling Ministries; and Earlewood Baptist Church.

25.     References:

Kathleen M. McCarty

Standard Federal Savings Bank

Columbia, SC

George A. Denka

Heritage Wine and Spirits Co.

Columbia, SC

Sally S. Lyles

Bones Restaurant

Columbia, SC

Larry J. Davis

Minister, Earlewood Baptist Church

Columbia, SC

Greg Hembree

Columbia, SC

Q     MR. INGRAM, IN OUR REVIEW WE HAVE INVESTIGATED YOUR CREDIT, YOUR RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES AND THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND, ALSO, THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY WHICH IS RICHLAND COUNTY, I BELIEVE.
A     YES, SIR.
Q     ALL THOSE WERE NEGATIVE. WE HAVE ALSO RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST AND WE FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. SINCE YOU FILED THAT PERSONAL DATA QUESTIONNAIRE A MONTH AGO, IS THERE ANYTHING THAT NEEDS TO BE UPDATED FOR THE COMMITTEE'S REVIEW TODAY?

A     NO, THERE HAVE BEEN NO CHANGES.

SENATOR HOLLAND: ANY QUESTIONS BY ANY OF THE MEMBERS OF THE COMMITTEE--GOOD MORNING MR. WILKES; HOW ARE YOU?

REPRESENTATIVE WILKES: HOW ARE YOU?

SENATOR HOLLAND: FOR THE BENEFIT OF THOSE PRESENT, REPRESENTATIVE WILKES HAS ARRIVED; AND REPRESENTATIVE, WE STARTED ON TIME OR A LITTLE BIT LATE AND WE KNOW THAT YOU HAD QUITE A PROBLEM GETTING HERE. WE APPRECIATE YOU MAKING THE EFFORT OF GETTING HERE.

REPRESENTATIVE WILKES: THANK YOU. I'M SORRY I'M LATE.

SENATOR HOLLAND: WE ARE NOW IN THE CANDIDATES IN THE SECOND DISTRICT AND THE FIRST CANDIDATE IS MR. INGRAM. TURN TO MR. INGRAM'S PORTFOLIO THERE. REPRESENTATIVE QUINN, DO YOU HAVE ANY QUESTIONS?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NO.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. INGRAM, I'M JUST CURIOUS, I NOTICE YOU GRADUATED FROM CHERAW HIGH SCHOOL.
A     YES, SIR.
Q     DID YOU HAPPEN TO BE A CLASSMATE OF THE SLED CHIEF, BOB STEWART?
A     I HAVE KNOWN HIM, YES, SIR, ALL MY LIFE.
Q     DO YOU KNOW OF ANY REASON BY ECONOMIC CONFLICTS OR OTHERWISE THAT YOU COULD NOT SERVE AS A MEMBER OF THE PUBLIC SERVICE COMMISSION?
A     NO, SIR, I DON'T.
Q     THERE IS NO PROBLEM WITH YOUR RESIDENCY, WHERE YOU LIVE, IN THE DISTRICT IN WHICH YOU SEEK TO BE ELECTED?
A     NO, SIR.

SENATOR HOLLAND: I NOTICE ANOTHER MEMBER OF THE COMMITTEE HAS ARRIVED.

SENATOR LONG: MR. CHAIRMAN, I RISE TO A POINT OF PERSONAL PRIVILEGE TO ANNOUNCE THAT ONCE AGAIN YOU CAN'T GET HERE FROM THERE. (LAUGHTER)

SENATOR HOLLAND: SENATOR BUD LONG, YOU HAD AN EASIER ROUTE TO COME IN THIS MORNING THAN A LOT OF US DID. I JUST WONDER WHY YOU ARE LATE.

SENATOR LONG: SENATOR, I CAN'T UNDERSTAND, I HAD TO DO 140 MILES ON THAT I-20 THAT YOU HAVE TO DO ON THAT SAME I-20, SIR, AND I JUST--I DON'T UNDERSTAND, SIR. IT WAS A HARD JOB FOR YOU TO MAKE IT, I'M SURE.

SENATOR HOLLAND: I HAVE NO FURTHER QUESTIONS. I WAS WAITING TO SEE IF BUD LONG HAD ANY.

SENATOR LONG: I HAVE NONE, NO, SIR, MR. CHAIRMAN.

SENATOR HOLLAND: THANK YOU, MR. INGRAM.

SENATOR HOLLAND: MR. YONCE.

(MR. HENRY GRADY YONCE, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, DISTRICT TWO, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. YONCE, WE GAVE YOU A COPY THIS MORNING OF THE SUMMARY THAT WE HAD PREPARED OF YOUR PERSONAL DATA QUESTIONNAIRE; HAVE YOU HAD A CHANCE TO REVIEW IT?
A     YES, I HAVE.
Q     ARE THERE ANY CORRECTIONS OR CLARIFICATIONS THAT YOU WOULD LIKE TO MAKE?
A     THE SPELLING OF A NAME AND IN REGARD TO THE ACRONYMNS SEARUC AND NARUC, I'VE PENCILLED IN A DESCRIPTION, REGIONAL AND NATIONAL ORGANIZATIONS OF REGULATORY COMMISSIONERS, BECAUSE I WAS AFRAID THAT PEOPLE JUST LOOKING AT THE LETTERS WOULD NOT KNOW WHAT THAT STOOD FOR. OTHER THAN THAT, IT IS CORRECT.
Q     THANK YOU. IF YOU WOULD PASS THOSE CORRECTIONS UP TO THE SECRETARY AT YOUR CONVENIENCE, I WOULD APPRECIATE THAT.
A     I WILL.
Q     WOULD YOU HAVE ANY OBJECTION TO MAKING THAT SUMMARY PART OF THE RECORD TODAY?
A     NO, NOT A BIT.
Q     THANK YOU.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Henry Grady Yonce

Home Address:                                             Business Address:

2401 Pine Tops Road                         111 Doctors Circle

Columbia, SC 29210                     Columbia, SC 29201

2.     Mr. Yonce was born in Edgefield County, South Carolina on November 18, 1928.

Social Security Number: ***-**-*****.

4.     Mr. Yonce was married to Catherine P. Jackson (1978). He was formerly married to Del Yonce (divorced--February 28, 1975). He has three children: H. Grady Yonce, Jr., age 36 (owns an interstate trucking company); Carey R. Jackson-Yonce, age 20; and Christopher P. Jackson-Yonce, age 17.

5.     Mr. Yonce served in the U.S. Coast Guard 1952-1954. He was honorably discharged as LTJG. He served in the Reserves until 1965, reaching rank of LCDR.

6.     Mr. Yonce graduated from the University of South Carolina (1948--B.S. in Accounting).

7.     Mr. Yonce was elected to the S.C. House of Representatives in 1962 and served until June 30, 1971. He was elected by the General Assembly to the S.C. PSC in 1971 and has served until present.

9.     Mr. Yonce owned and operated a general insurance agency from 1954-1971. He has continued to own it since that date, but is not active in its management. He worked as reporting manager for Dun and Bradstreet, Inc. 1948-1952.

16.     Mr Yonce is in excellent health. He was in the hospital for 13 days in January 1983 for treatment of a cervical disc problem. He is under no current treatment.

23.     Mr. Yonce is a member of various professional and civic organizations including SEAUC, NARUC, Regional and National Organizations of Regulatory Commissioners, etc.

25.     References:

The Honorable William A. Badger

First Vice-President of NARUC

Member of Maryland Public Service Commission

Junie L. Bradshaw, Esquire

Former Commissioner,Virginia

Public Service Commission

NARUC Pres. (1984)

Mr. Carl L. Brazell

Vice Chairman of Southern National Bank

of South Carolina

Mr. John W. Folsom

President

South Carolina Federal Savings and Loan

Mr. Curtis H. Dickerson

Vice-President

Edens and Avant, Inc.

Dr. E. H. Brown, Jr.

The Honorable Forrest K. Abbott

Vice Chairman

Richland-Lexington Airport Commission

Q     MR. YONCE, THE REVIEW OF THE REST OF IT, OF YOUR CREDIT, THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES, THE RECORDS OF THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION AND, ALSO, THE JUDGMENT ROLLS OF RICHLAND COUNTY, ALL THOSE REPORTS WERE NEGATIVE. WE HAVE ALSO RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST WHICH NOTES THERE ARE NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. IS THERE ANYTHING THAT YOU WOULD LIKE TO UPDATE ON THE PERSONAL DATA QUESTIONNAIRE AT THIS TIME?
A     NO.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF MR. YONCE? MR. WILKES? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NO.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NO.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

(OFF THE RECORD)

SENATOR HOLLAND: SENATOR HAYES, DO YOU HAVE ANY QUESTIONS.

SENATOR HAYES: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR, MR. CHAIRMAN.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. YONCE, HOW LONG HAVE YOU BEEN ON THE PUBLIC SERVICE COMMISSION?
A     18 AND A HALF YEARS.
Q     HOW MANY TIMES HAVE YOU BEEN RECOMMENDED BY THE MERIT SELECTION PANEL?
A     FOUR TIMES, SIR, '80, '82, '86 AND NOVEMBER OF THIS YEAR.

SENATOR HOLLAND: I HAVE NO FURTHER QUESTIONS UNLESS SOMEONE ELSE HAS A QUESTION. (NONE INDICATED OR VOICED)

SENATOR HOLLAND: THANK YOU, MR. YONCE.
A     THANK YOU.

SENATOR HOLLAND: LET'S SEE IF THE CANDIDATES FOR DISTRICT THREE ARE HERE, GUY BUTLER AND MR. SMALLEY. MR. BUTLER.

MR. COUICK: GOOD MORNING, MR. BUTLER.

MR. BUTLER: GOOD MORNING.

(MR. GUY BUTLER, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, DISTRICT THREE, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. BUTLER, WE HAVE GIVEN YOU A COPY THIS MORNING OF YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY; HAVE YOU HAD A CHANCE TO LOOK AT IT?
A     I DID.
Q     DID YOU FIND EVERYTHING TO BE CORRECT OR IS THERE SOME CLARIFICATION NEEDED?
A     NO, IT WAS CORRECT.
Q     WOULD YOU HAVE ANY OBJECTION TO MAKING THAT SUMMARY A PART OF THE TRANSCRIPT OF THIS HEARING TODAY?
A     NO.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Guy Butler

Home Address:                                             Business Address:

210 East Northside Drive         111 Doctors Circle

Greenwood, SC 29646                 P. O. Drawer 11649

Columbia, SC 29211

2.     Mr. Butler was born in Greenwood, South Carolina on March 26, 1926.

Social Security Number: ***-**-*****.

4.     Mr. Butler was divorced from Nancy G. Butler on May 24, 1954. He has 2 children: Diane B. Moody, age 41 (manages the Lander College Bookstore); and Debra G. Allen, age 36 (bookkeeper, Cotton States Insurance Company).

5.     Mr. Butler volunteered and served in U.S. Navy for a few months in 1944 before being honorably discharged.

6.     Mr. Butler graduated from Greenwood High School (1939-1943).

7.     Mr. Butler was a member of the House of Representatives (1960 and 1962) and the Public Service Commission of South Carolina from 1963 to the present.

9.     Mr. Butler owned and operated a taxi fleet (1943-1946) and then a grocery store (1946-1974).

14.     Turnipseed v. Yonce, et al.--Sued as member of the Commission.

16.     Mr. Butler's present state of health is good; he wears corrective lenses for eyesight.

22.     Mr. Butler belongs to the National Association of Regulatory Utility Commissioners and the Southeastern Association of Regulatory Utility Commissioners. He is also a member of the Masons, Shriners, Legionnaires, and the Loyal Order of Moose.

25.     References:

L. Wayne Gantt

Blyth Funeral Home

Greenwood, SC.

R. B. Curry, Jr.

Citizen & Trust Company

Greenwood, SC

L. G. Daniel

Greenwood, SC

Harold E. White

Chief Deputy Sheriff

Greenwood, SC

Patrick Riddick

Vice-president

NCNB

Columbia, SC

Q     MR. BUTLER, OUR INVESTIGATIONS INDICATE THAT ALL REPORTS ARE NEGATIVE WITH REGARDS TO CREDIT. THEY REPORT RECORDS OF APPLICABLE SOUTH CAROLINA LAW ENFORCEMENT AGENCIES, THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND ALSO THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY ARE NEGATIVE. WE RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST. IS THERE ANYTHING THAT YOU WOULD LIKE TO PUT FORWARD TODAY AS AN UPDATE OF THAT STATEMENT THAT WE RECEIVED ABOUT A MONTH AGO?
A     NO, SIR.
Q     AS I MENTIONED, WE RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST AND FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. THANK YOU.

MR. COUICK: MR. CHAIRMAN.

SENATOR HOLLAND: ANY QUESTIONS BY ANY MEMBER OF THE COMMITTEE? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NONE.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. BUTLER, HOW LONG HAVE YOU BEEN ON THE PUBLIC SERVICE COMMISSION?
A     27 YEARS IN ABOUT A MONTH FROM NOW.
Q     ARE YOU THE OLDEST SERVING MEMBER OF THE PUBLIC SERVICE COMMISSION NOW BY THE LENGTH OF SERVICE?
A     YES.
Q     YOU HAVE BEEN SCREENED BY THE MERIT SELECTION PANEL HOW MANY TIMES?
A     FOUR TIMES.
Q     EVER SINCE IT WAS INITIATED?
A     YES, SIR.
Q     I'M JUST CURIOUS TO ASK YOU, YOU HAVE BEEN THERE A LONG TIME, HAVE YOU EVER MISSED ANY MEETINGS IN THE PUBLIC SERVICE COMMISSION?
A     I MISSED SOME BUT I HAVE ALMOST A PERFECT RECORD FOR 27 YEARS WITH THE EXCEPTION THAT IT WAS FOUR PEOPLE IN MY IMMEDIATE FAMILY WHO PASSED AWAY AND THAT DID ALTER MY RECORD. AND, IN FACT, THE LAST HEARING I MISSED WAS IN 1981 WHEN MY BROTHER PASSED AWAY IN CHARLOTTE, NORTH CAROLINA; SO, I HAVE BEEN THERE AND HAVE BEEN WORKING.
Q     DO YOU KNOW OF ANYTHING BECAUSE OF YOUR ECONOMIC INTERESTS THAT MIGHT BE A CONFLICT FOR YOU SERVING AS A MEMBER OF THE PUBLIC SERVICE COMMISSION?
A     NO, SIR, I DO NOT.
Q     ARE YOU ENGAGED IN ANY TYPE OF BUSINESS ACTIVITY AT THIS TIME?
A     I AM NOT.
Q     YOU WHOLLY AND SOLELY WORK FOR THE PUBLIC SERVICE COMMISSION?
A     YES, SIR.
Q     IF YOU KNOW, YOU CAN ANSWER THIS; IF YOU DON'T KNOW IT, YOU DON'T HAVE TO ANSWER IT. HOW DOES WALL STREET OR THOSE PEOPLE WHO RATE OUR PUBLIC SERVICE COMMISSION, IF YOU KNOW, HOW DO THEY RATE OUR SOUTH CAROLINA PUBLIC SERVICE COMMISSION COMPARED TO OTHER SIMILAR TYPE FACILITIES OVER THE UNITED STATES?
A     ON A SCALE FROM 1 TO 5 WE RATE RIGHT IN THE MIDDLE, NUMBER 3, THE SAME AS GEORGIA AND NORTH CAROLINA. WE RATE 3. 5 WOULD BE FOR THE UTILITIES AND 1 WOULD BE FOR THE CONSUMERS. AND FROM 1 TO 5 WE RATE RIGHT IN THE MIDDLE.
Q     WHO BASICALLY DOES THAT RATING? WALL STREET?
A     WALL STREET. FOR ALL REGULATORY COMMISSIONS, WALL STREET DOES.
Q     SO OUR COMMISSION IS NOT TO BE CONSIDERED LEANING TOO STRONGLY EITHER WAY.
A     NO, SIR, THAT MEANS WE HAVE TREATED EVERYBODY FAIRLY, ESPECIALLY THE PUBLIC AND, OF COURSE, THE UTILITIES. IN OTHER WORDS, WE ARE RIGHT THERE IN THE MIDDLE. 1 TO 5 AND WE ARE NUMBER 3.

SENATOR HOLLAND: IF THERE ARE NO QUESTIONS, YOU ARE EXCUSED, MR. BUTLER.
A     THANK YOU, MR. CHAIRMAN.

SENATOR HOLLAND: WE'LL SEE IF THE CANDIDATES FOR DISTRICT FOUR ARE HERE, FRED FULLER AND MR. BEN T. GIBSON.

SPEAKER: MR. SMALLEY IS HERE.

SENATOR HOLLAND: OH, I'M SORRY, I'M SORRY. DISTRICT THREE, MR. SMALLEY.

MR. COUICK: MR. FULLER, I'M SORRY, BUT I THINK WE'RE STILL ON DISTRICT THREE.

SENATOR HOLLAND: YES, I'M SORRY, I GOT MY ALPHABET WRONG. IS IT SMALLEY?

MR. SMALLEY: WAYNE SMALLEY.

MR. COUICK: GOOD MORNING, MR. SMALLEY.

MR. SMALLEY: GOOD MORNING.

(MR. WAYNE SMALLEY, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, THIRD DISTRICT, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. SMALLEY, I BELIEVE I GAVE YOU A COPY OF YOUR SUMMARY EARLY THIS MORNING. HAVE YOU HAD A CHANCE TO LOOK OVER IT?
A     YES, SIR.
Q     DID YOU FIND ANYTHING THERE THAT NEEDED TO BE CLARIFIED OR CORRECTED?
A     IT SEEMS CORRECT.
Q     EVERYTHING IS CORRECT, ALL RIGHT; DID YOU HAVE ANY OBJECTION ON YOUR PART TO MAKING THE SUMMARY A PART OF THE TRANSCRIPT OF THIS HEARING?
A     NO, SIR.
Q     THANK YOU.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Wayne Allan Smalley

Home Address:                                             Business Address:

201 East Mauldin Street             116 South Catherine St.

Walhalla, SC 29691                         Walhalla, SC 29691

2.     Mr. Smalley was born in Anderson, South Carolina on September 26, 1948.

Social Security Number: ***-**-*****.

4.     Mr. Smalley was married to Janet Rice Smalley on April 14, 1984. They have one child: Wayne Ashley Smalley, age 3.

5.     Mr. Smalley served from 1970-1976 in the U. S. Army Reserves as a combat engineer and received an honorable discharge.

6.     Mr. Smalley graduated from Walhalla High School in 1966, and received a Bachelor of Business Administration degree from the University of Georgia in 1970.

7.     Mr. Smalley was elected to the Walhalla City Council - served 3 terms from 1978-81, 1984-85; elected Mayor of Walhalla - 1986-87; appointed to Oconee County Sewer Commission - 1978-89.

9.     Mr. Smalley owns a Western Auto Associates store in Walhalla (1971-present).

10.     Mr. Smalley is a member of the Board of Directors for the Blue Ridge Bank of Walhalla.

11.     Mr. Smalley's present state of health is excellent.

23.     Walhalla Chamber of Commerce - Board of Directors

Walhalla Downtown Development Board

Church Trustee, First Baptist Church

25.     References:

Lee Murph

Ninety Six, SC

Ray Phillips

First Union Bank

Walhalla, SC

The Honorable Tim O. Hall, Jr.

Blue Ridge Bank

Walhalla, SC

The Honorable Alexander Macaulay

West Union, SC

James Mizell

First Baptist Church of Walhalla

Walhalla, SC

Q     MR. SMALLEY, WE INVESTIGATED YOU AND YOUR CREDIT AND IT HAS BEEN REPORTED TO US AS SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RECORDS ARE NEGATIVE. THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY ARE NEGATIVE. AND WE RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST. IN OUR REVIEW OF THAT, WE FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS, OR TRANSACTIONS. SINCE YOU FILED THAT STATEMENT, IS THERE ANYTHING ELSE YOU WOULD LIKE TO PUT BEFORE THE COMMITTEE THAT MAY IMPACT UPON THAT DETERMINATION?
A     NO, SIR.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY QUESTIONS OF MR. SMALLEY BY ANY MEMBER OF THE COMMITTEE? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NONE.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

EXAMINATION BY SENATOR HOLLAND:
Q     MR. SMALLEY, DO YOU KNOW OF ANY BUSINESS CONFLICT THAT YOUR SERVICE ON THE PUBLIC SERVICE--THAT MIGHT BE IN REGARD TO YOUR SERVICE ON THE PUBLIC SERVICE COMMISSION?
A     THERE WOULDN'T BE, NO, SIR.
Q     I NOTICE YOU HAVE HAD SOME EXPERIENCE IN PUBLIC LIFE. YOU HAVE BEEN A MEMBER OF THE TOWN COUNCIL, I BELIEVE, FOR WALHALLA.
A     OH, YES, SIR.
Q     ANYONE WHO CAN SERVE ON THE TOWN COUNCIL IN A SMALL TOWN IN MY OPINION CAN DO ANYTHING.
A     I WOULD AGREE AT TIMES, SIR.
Q     SO, IF THERE ARE NO OTHER QUESTIONS OF HIM BY ANY OTHER MEMBER OF THE COMMITTEE, WE APPRECIATE YOUR COMING. WE KNOW YOU--DID YOU HAVE ENOUGH SENSE TO COME IN LAST NIGHT?
A     I DID COME IN LAST NIGHT, YES, SIR.

SENATOR HOLLAND: THANK YOU SO MUCH.
A     THANK YOU, SIR.

SENATOR HOLLAND: IS MR. BEN T. GIBSON HERE?

SPEAKER: NO.

SENATOR HOLLAND: NOW TO DISTRICT FOUR, THE FIRST CANDIDATE, MR. FRED A. FULLER, JR.

MR. COUICK: GOOD MORNING, MR. FULLER.

MR. FULLER: GOOD MORNING.

(MR. FRED A. FULLER, JR., CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. FULLER, I GAVE YOU A COPY OF THE SUMMARY OF YOUR PERSONAL DATA QUESTIONNAIRE THAT WE HAD PREPARED THIS MORNING. HAVE YOU HAD A CHANCE TO LOOK OVER IT?
A     YES, SIR.
Q     ARE THERE ANY CORRECTIONS OR CLARIFICATIONS YOU WOULD LIKE TO MAKE AT THIS TIME?
A     NO, SIR.
Q     DO YOU HAVE ANY OBJECTION TO MAKING THAT SUMMARY A PART OF THE TRANSCRIPT OF THIS HEARING?
A     NOT AT ALL.
Q     THANK YOU.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Fred A. Fuller, Jr.

Home Address:                                             Business Address:

1729 North Main Street             111 Doctors Circle

Greenville, SC 29609                     P. O. Drawer 11649

Columbia, SC 29211

2.     Mr. Fuller was born in Laurens, South Carolina on March 6, 1920.

Social Security Number: ***-**-*****.

4.     Mr. Fuller is a widower, formerly married to Anne Campbell Fuller. On October 13, 1979, he married Annette Apperson Fuller. He has 4 children: Priest C. Fuller, age 43 (works in insurance); Fred A. Fuller, III, age 40 (works in real estate); Jane Fuller Kesslar, age 37 (housewife); and Anne W. Fuller, age 28 (works in retailing).

5.     Mr. Fuller served as a First Lieutenant in the U.S. Air Force from May, 1942 to the time he was honorably discharged on December 19, 1945.

6.     Mr. Fuller graduated from Greenville High School in 1938. In 1943, he graduated from the Citadel with a degree in Business Administration, including two years of accounting.

7.     Mr. Fuller was elected to the S. C. House of Representatives in 1958 and served until 1969. He was elected to the S. C. Public Service Commission on July 8, 1969, and is presently serving on the Commission.

9.     Mr. Fuller was president and treasurer of Fred A. Fuller Appliances, Inc., with Frigidaire, RCA and Zenith franchises, from 1946 until 1981. In 1981, the business was sold.

14.     Mr. Fuller was named as a party in a suit in U. S. District Court filed by Tom Turnipseed against the members of the Public Service Commission. The case was settled without trial and with no award of damages to the plaintiff. The plaintiff's attorney was granted attorney's fees.

16.     Mr. Fuller's state of health is good.

18.     Mr. Fuller wears glasses and a hearing aid.

22.     Mr. Fuller belonged to the Southeastern Association of Regulatory Utility Commissioners (SEARUC). He served as Vice President of SEARUC in 1987 and President of SEARUC in 1988. He also has served on the Executive Committee of SEARUC. He served as chairman of the Public Service Commission in 1970, 1977, and 1984.

23.     Mr. Fuller has been a member of the Greenville Rotary Club (for twenty years), the Masons, the Junior Chamber of Commerce, the Greenville Country Club (resigned in 1978), and of the Northgate Baptist Church (where he served as Sunday School Teacher, Deacon, Chairman of the Board of Deacons, Chairman of the Building Committee, and Trustee).

25.     References:

The Honorable Richard W. Riley

P.O. Box 10084

Greenville, S. C. 29603

The Honorable Rex L. Carter

P. O. Box 10828

Greenville, S. C. 29603

Mr. Charles P. Cecil, Sr.

Vice President

First Union National Bank of South Carolina

P.O. Box 1329

Greenville, S. C. 29602

Mr. James R. Mann, Attorney

812 East North Street

Greenville, S. C. 29601

Dr. Robert B. Whaley, Sr.

Minister, Northgate Baptist Church

633 Summitt Dr.

Greenville, S. C. 29609

Mr. B. O. Thomason, Sr., Attorney

P. O. Box 10045

Greenville, S. C. 29603

The Honorable W. D. Workman, III

Mayor, City of Greenville

Greenville, S. C. 29602

Q     WE INVESTIGATED YOUR CREDIT AND FOUND THAT TO BE REPORTED SATISFACTORY. YOUR RECORDS AT ALL APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. OTHER RECORDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE ALSO NEGATIVE. AND WE RESEARCHED THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY AND THEY WERE NEGATIVE. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES THAT YOU HAVE NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. IS THERE ANYTHING THAT YOU WOULD LIKE TO UPDATE ON THAT STATEMENT TODAY?
A     NO, SIR.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: DOES ANY MEMBER OF THE COMMITTEE HAVE ANY QUESTIONS OF MR. GIBSON? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NO, SIR.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

SENATOR HOLLAND: I HAVE NO QUESTIONS. THANK YOU, MR. FULLER.
A     THANK YOU, MR. CHAIRMAN.

SENATOR HOLLAND: MR. GIBSON.

MR. GIBSON: YES, SIR.

MR. COUICK: GOOD MORNING, MR. GIBSON.

MR. GIBSON: GOOD MORNING.

(MR. BEN T. GIBSON, JR., CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. GIBSON, I JUST HANDED BACK TO YOU A COPY OF YOUR PERSONAL DATA SUMMARY THAT WE PRESENTED TO YOU THIS MORNING.
A     YES.
Q     I BELIEVE YOU HAD ONE CORRECTION, I BELIEVE THAT THE SPELLING OF A NAME WAS CORRECTED FROM BEING R-O-B-A-R-C-H TO R-O-B-A-R-D-S, ROBARDS.
A     YES, SIR.
Q     ARE THERE ANY OTHER CORRECTIONS OR CLARIFICATIONS THAT YOU WOULD LIKE TO MAKE?
A     I'M NOT AWARE OF ANY NEEDED.
Q     THANK YOU, SIR. WOULD YOU HAVE ANY OBJECTION TO US ENTERING THAT AS A PART OF THE TRANSCRIPT OF THIS HEARING?
A     NO OBJECTION.

MR. COUICK: THANK YOU.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Ben T. Gibson, Jr.

Home Address:                                             Business Address:

Route 1, Cherokee Place             201 East Main Street

Union, SC 29379                             Union, SC 29379

2.     Mr. Gibson was born Union, South Carolina on July 26, 1929.

Social Security Number: ***-**-*****.

4.     Mr. Gibson married Amelia Ann Douglas Gibson on October 16, 1954. They have two children; Ben T. Gibson, III, age 34 (Senior Engineer with Kemet Electronics Corporation); and Preston Douglas Gibson, age 30 (U.S. Coast Guard on the Coast Guard Cutter "Morro Bay").

5.     Mr. Gibson served as a U.S. Navy Airman on active duty from July 1948 to July 1949, and on inactive duty from July 1949 to July 1955. He received an honorable discharge in 1955.

6.     Mr. Gibson graduated from Davidson College in 1951 with a B.S. degree in Business Administration.

7.     Mr. Gibson was appointed to the Union County Airport Commission and served as Chairman. He also was appointed to the Union County Board of Tax Assessors and the City of Union Zoning and Planning Commission (including several years as vice-chairman).

9.     From 1951 to 1954, he was a partner in the Gibson Agency, an insurance business. From 1954 to date, he has been owner/president of an insurance and real estate business.

10.     Mr. Gibson is not presently involved in any day-to-day business operations, but serves as a financial consultant.

14.     Mr. Gibson has been sued twice over real estate transactions. Both suits were settled.

16.     Mr. Gibson's health is very good.

17.     Mr. Gibson suffered heart attacks in January 1982 and January 1989. He has had no symptoms

since then. He was given an excellent report by his cardiologist in November.

22.     Mr. Gibson's professional involvements include: National Association of Realtors, S.C. Association of Realtors, Multi-term Director and 2-term Director of S.C. Realtors Education Foundation, S.C. Real Estate Marketing and Exchange Council, American Society of Real Estate Counselors, National Institute of Real Estate Brokers, and Farm and Land Institute.

23.     Mr. Gibson was also United Fund - Charter Director; Carolina's United Fund - Past Director; Union Country Club - Past President and two term Director; Grace United Methodist Church; Union County Chamber of Commerce - Past President; Rotary International - Past President Union Club; and S.C. State Chamber of Commerce - Two term Director.

25.     References:

W.C. Bennett

Arthur State Bank

Union, SC

Frank Robards

Rock Hill National Bank

Rock Hill, SC

The Honorable Strom Thurmond

U.S. Senate

Washington, D.C.

William J. Whitener

Chairman, S.C. Commission on Higher Education

Union, SC

Wilbur F. Smith

State Board of Education

Union, SC

Q     MR. GIBSON, WE HAVE HAD AN OPPORTUNITY TO REVIEW REPORTS OF YOUR CREDIT AND WE FOUND IT TO BE SATISFACTORY. THE RECORDS OF ALL APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE NEGATIVE. OUR SEARCH OF THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY ARE ALSO NEGATIVE. WE HAVE REVIEWED YOUR STATEMENT OF ECONOMIC INTEREST FILED WITH THE COMMITTEE AND WE FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. ARE YOU AWARE OF ANYTHING ELSE THAT NEEDS TO BE PRESENTED TO THE COMMITTEE THIS MORNING TO UPDATE THAT STATEMENT?
A     I'M NOT AWARE OF ANY CHANGES NEEDED.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF MR. GIBSON? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NO, SIR.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NO, SIR.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NO, SIR.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

SENATOR HOLLAND: I HAVE NO QUESTIONS. THANK YOU SO MUCH FOR COMING, MR. GIBSON.
A     THANK YOU SIR.

SENATOR HOLLAND: NOW TO DISTRICT FIVE. IS MR. ESTRIDGE PRESENT? (PAUSE) HAS ANYONE OF THE STAFF BEEN IN CONTACT WITH MR. ESTRIDGE?

MR. COUICK: MR. CHAIRMAN, WE'VE TRIED TO REACH HIM BUT WE HAVE NOT BEEN ABLE TO REACH HIM YET. WE ARE STILL TRYING.

SENATOR HOLLAND: THE CANDIDATES FOR DISTRICT FIVE HAD BEEN SCHEDULED FOR 1:30 THIS AFTERNOON AND WE WOULD LIKE TO PROCEED.

SENATOR HAYES: MR. CHAIRMAN, I CERTAINLY-- SINCE WE ARE HEARING THEM AND THERE IS NO DEBATE BETWEEN THEM OR ANYTHING; THEY'RE JUST MAKING A PRESENTATION AND WE'RE GOING OVER THEIR RECORDS, SO I WOULD MOVE THAT WE GO FORWARD WITH ALL THE REMAINING CANDIDATES WHO ARE HERE AT THIS TIME AND THEN DECIDE WHAT TO DO ABOUT THE OTHERS. AND IF MR. ESTRIDGE LATER COMES IN, WE WILL TAKE HIM UP OUT OF ORDER.

SENATOR HOLLAND: CERTAINLY. YOU HEARD THE MOTION OF SENATOR HAYES. IS THERE ANY OBJECTION TO THE MOTION? (NONE INDICATED OR VOICED)

SENATOR HOLLAND: OKAY, FOR DISTRICT FIVE, IS CECIL A. BOWERS HERE? COME FORWARD, PLEASE. LET ME ASK YOU WHILE HE IS COMING FORWARD, IS MR. WATKINS HERE? TERRY WATKINS?

MR. COUICK: MR. CHAIRMAN, WE HAVE HAD SOME COMMUNICATION WITH MR. WATKINS' WIFE THIS MORNING; PERHAPS THE COMMITTEE MAY WANT TO RECEIVE A REPORT IN EXECUTIVE SESSION ON MR. WATKINS.

SENATOR HOLLAND: OKAY.

MR. COUICK: GOOD MORNING, MR. BOWERS.

MR. BOWERS: GOOD MORNING.

(MR. CECIL A. BOWERS, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MR. BOWERS, HAVE YOU RECEIVED A COPY OF THE PERSONAL DATA QUESTIONNAIRE PORTION OF YOUR SUMMARY THAT OUR OFFICE PREPARED?
A     YES, SIR.
Q     HAVE YOU HAD A CHANCE TO LOOK OVER IT?
A     I HAVE.
Q     ARE THERE ANY CORRECTIONS OR CLARIFICATIONS YOU WOULD LIKE TO MAKE ON THAT SUMMARY?
A     NO CORRECTIONS, NO, SIR.
Q     DO YOU HAVE ANY OBJECTION TO US MAKING IT A PART OF THE TRANSCRIPT OF THIS HEARING?
A     I HAVE NO OBJECTIONS.
Q     THANK YOU.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Cecil A. Bowers

Home Address:                                             Business Address:

807 Kirkwood Circle                         P. O. Drawer 11649

Camden, SC 29020                         Columbia, SC 29211

2.     Mr. Bowers was born in Cassatt, South Carolina on September 1, 1926.

Social Security Number: ***-**-*****.

4.     Mr. Bowers was married to Evelyn Ruth Reynolds Bowers on March 12, 1944. They have 4 children: Steven Reynolds, age 40 (teacher); Rebecca B. Mooneyhan, age 33 (secretary); Julie Evelyn Rogers, age 27 (industrial hygienist); and Linda, age 42 (nurse).

5.     Mr. Bowers served in the U. S. Marine Corps. from July 6, 1944 - June 21, 1946, participating in the invasion of Okinawa. He was honorably discharged.

6.     Mr. Bowers attended Kershaw County Public Schools through the 10th grade when he entered the U. S. Marine Corps.

7.     Mr. Bowers was elected Kershaw County Coroner, January 1975 - June, 1982 and has served as Public Service Commissioner since July, 1982.

9.     General Manager, WPUB Radio Station, Camden (1970-1982); WAGS Radio Station, Bishopville (1961-1970); Camden Chronicle, Camden (1956-1961); WACA Radio Station, Camden (1950-1956).

16.     Mr. Bowers' health is very good, but he is being treated for hypertension.

22/23.

Mr. Bowers is active in the Southeastern Association of Regulatory Utility Commissioners (SEARUC) July 1982-present; National Association of Regulatory Utility Commissioners (NARUC) July, 1982 - present; and the NARUC Transportation Committee, November, 1987 - present. He has been active for many years in the First Baptist Church, Camden; the American Legion; Veterans of Foreign Wars; Optimist Club. He also is a Mason and a Shriner.

25.     References:

The Honorable John C. West, Attorney

Hilton Head Island, SC

The Honorable Austin M. Sheheen, Jr., Accountant

Camden, SC

H. Davis Green

First Federal Savings and Loan

Camden, SC

Dr. W.B. McCurdy, Jr.

Camden, SC

Guy S. Hutchins, Jr.

Palmetto State Savings Bank

Camden, SC

Q     MR. BOWERS, WE'VE INVESTIGATED YOUR CREDIT AND FOUND IT ALL TO BE REPORTED AS SATISFACTORY. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE; NEGATIVE IN THE SENSE THAT THERE IS NOTHING THERE; NOT NEGATIVE QUALITATIVELY. THE RECORDS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ARE ALSO NEGATIVE, AS WELL AS THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY, BEING KERSHAW; THEY ARE ALSO NEGATIVE. WE RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST AND WE FOUND NO CONFLICTING OWNERSHIPS, ASSOCIATIONS OR TRANSACTIONS. SINCE WE RECEIVED THAT REPORT FROM YOU A MONTH AGO, IS THERE ANYTHING THAT YOU WOULD LIKE TO UPDATE ON THAT REPORT AT THIS TIME FOR THE COMMITTEE'S BENEFIT?
A     NO, SIR, I DON'T THINK THERE IS ANYTHING.

MR. COUICK: THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF MR. BOWERS? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NONE.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: NO, SIR.

SENATOR HOLLAND: SENATOR HAYES?

SENATOR HAYES: NONE.

SENATOR HOLLAND: THANK YOU SO MUCH.
A     THANK YOU, SENATOR.

MR. LANNY BRIAN ESTRIDGE (BY VOTE OF THE COMMITTEE, THE NECESSITY OF MR. ESTRIDGE'S APPEARANCE BEFORE THE COMMITTEE WAS WAIVED. THE FOLLOWING SUMMARY WAS ACCEPTED BY MR. ESTRIDGE AS AN ACCURATE SUMMARY OF HIS PERSONAL DATA QUESTIONNAIRE SUMMARY.)

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Lanny Brian Estridge

Home Address:                                             Business Address:

417 North Matson Street             204 North Hampton Street

Kershaw, SC 29067                         Kershaw, SC 29067

2.     Mr. Estridge was born in Kershaw, South Carolina on May 6, 1942.

Social Security Number: ***-**-*****.

4.     Mr. Estridge was married to Sandra Joan Estridge on August 17, 1968. He has two children: Lanny Brian Estridge, Jr., age 20 (a college student); and Heather Lee Estridge, age 16 (a student).

5.     Mr. Estridge served as a lieutenant, junior grade, in the US Navy (1964-1966) and was honorably discharged.

6.     Mr. Estridge received his Bachelor of Arts degree in 1964 from the University of South Carolina. He also graduated from New York Institute of Finance in 1974 and from the School of Banking of the South (LSU) in 1978.

9.     Mr. Estridge's past occupations include: Manager, That Extra Touch, Kershaw, S.C. (1988-present); V.P. and City Executive, First Citizens Bank, (1986-1988); V.P. and City Executive, S. C. Federal Savings Bank, (1983-1985); V.P. and City Executive, S. C. National Bank and First National Bank of S. C. Bank of Lancaster, (1971-1983); and Cashier, Wachovia Bank & Trust Co., (1967-1971).

10.     Mr. Estridge is the manager of a retail store in Kershaw, South Carolina.

16.     Mr. Estridge is in good health. His impairment of eyesight is corrected by eye glasses.

22/23.

Mr. Estridge is a member of the Chamber of Commerce, the Lions Club, and United Way.

25.     References:

Mr. Don T. Gardner

First Citizens Bank

Lancaster, S.C.

Mr. Robert W. Davis

Attorney

Kershaw, S.C.

Dr. John R. Howell

Dentist

Kershaw, S.C.

Mr. Jack W. Robinson

President

Mineral Mining Corp.

Kershaw, S.C.

Johnnie W. Connell

President

Connell Oil Co.

Kershaw, S.C.

SENATOR HOLLAND: WE WILL NOW GO TO DISTRICT SIX. MRS. MAASS, YOU ARE PRESENT. COME FORWARD.

MR. COUICK: GOOD MORNING, MRS. MAASS.

MRS. MAASS: GOOD MORNING.

(MRS. CAROLINE H. MAASS, CANDIDATE FOR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, WAS DULY SWORN BY MR. COUICK.)

EXAMINATION BY MR. COUICK:
Q     MRS. MAASS, HAVE YOU HAD A CHANCE TO REVIEW THE SUMMARY OF YOUR PERSONAL DATA QUESTIONNAIRE WE HAVE PREPARED?
A     I HAVEN'T EVER RECEIVED ONE.
Q     I'M SORRY. (MRS. MAASS WAS HANDED A COPY OF PERSONAL DATA QUESTIONNAIRE SUMMARY.)

SENATOR HOLLAND: JUST TAKE OUR WORD.
A     HUH?

SENATOR HOLLAND: JUST TAKE OUR WORD.
A     OKAY, I WILL. YOU KNOW THAT.
Q     (BY MR. COUICK) IF YOU WOULD LIKE TO JUST REVIEW IT FOR JUST A FEW SECONDS TO MAKE SURE THE SUMMARY IS CORRECT.

SENATOR HOLLAND: THE COMMITTEE WILL STAND AT EASE FOR 3 MINUTES.

(BRIEF RECESS)

SENATOR HOLLAND: CALL THE COMMITTEE BACK TO ORDER. GO FORWARD.
Q     MRS. MAASS, YOU SAID IT APPEARS TO BE FINE AND CORRECT?
A     CORRECT.
Q     DO YOU HAVE ANY OBJECTION TO THE COMMITTEE MAKING IT A PART OF THE TRANSCRIPT OF THIS HEARING?
A     NOT AT ALL.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Caroline H. Maass

Home Address:                                             Business Address:

P. O. Box 837                                                 111 Doctors Circle

Pawley's Island, SC 29138     P. O. Drawer 11649

Columbia, SC 29211

2.     Mrs. Maass was born in Sumter, South Carolina on January 21, 1924.

Social Security Number: ***-**-*****.

4.     Mrs. Maass married Theodore Nichlas Maass on January 20, 1956. They have 4 children - Eliza M. Wilkins, age 38 (housewife); Mary E. Maass, age 36 (computer programmer); Theodore N. Maass, Jr., age 33 (owner, Maass Construction Company); and James E. Hunter Maass, age 28 (salesman).

6.     Mrs. Maass received a degree in Secretarial Science from the University of South Carolina in 1942 and a Registered Nursing Degree from Duke University in 1947.

7.     Mrs. Maass has served on the South Carolina Public Service Commission since 1980.

16.     Mrs. Maass is in good health.

22/23.

Mrs. Maass is a member of SEARUC, NARUC, and All Saints Parish Waccamaw.

25.     References:

Mr. John R. Folsom

Chairman of the Board and COE

South Carolina Federal

Columbia, SC

Mr. Frank Sumner Smith

Vice Chairman

Colonial Insurance Co.

Columbia, SC

Mr. William W. Doar, Jr.

McNair Law Firm, P.A.

Georgetown, SC

Mr. Roy V. Lind

Columbia, SC

Mr. Paul B. Rodgers, Jr.

Human Relations Consultant

Columbia, SC

Mr. William J. Keenan

Harmon and Keenan Architects

Columbia, SC

Q     OUR OPPORTUNITY TO REVIEW YOUR CREDIT INDICATES THAT EVERYTHING WAS REPORTED AS BEING SATISFACTORY. THE RECORDS OF ALL APPLICABLE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. THE JUDGMENT ROLLS OF YOUR RESIDENT COUNTY ARE NEGATIVE. WE HAVE RECEIVED YOUR STATEMENT OF ECONOMIC INTEREST AND OUR REVIEW OF WHAT YOU FILED SHOWS THAT THERE ARE NO CONFLICTING OWNERSHIPS, ASSOCIATIONS, OR TRANSACTIONS. IS THERE ANYTHING THAT YOU WOULD LIKE TO UPDATE ON THAT QUESTIONNAIRE AT THIS TIME, MRS. MAASS?
A     NO, I DON'T THINK SO.

MR. COUICK: ALL RIGHT, THANK YOU. MR. CHAIRMAN.

SENATOR HOLLAND: ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS OF MRS. MAASS? REPRESENTATIVE WILKES?

REPRESENTATIVE WILKES: NONE.

SENATOR HOLLAND: REPRESENTATIVE QUINN?

REPRESENTATIVE QUINN: NONE.

SENATOR HOLLAND: REPRESENTATIVE BLANDING?

REPRESENTATIVE BLANDING: NONE.

SENATOR HOLLAND: SENATOR LONG?

SENATOR LONG: YES, SIR, I HAVE ONE QUESTION.

SENATOR HOLLAND: ALL RIGHT. (OFF THE RECORD)

SENATOR HOLLAND: I HAVE NO QUESTIONS OF YOU. THANK YOU FOR BEING WITH US.
A     THANK YOU.

MRS. MAASS: DO YOU WANT ME TO HAND THIS UP TO YOU?

MR. COUICK: YOU CAN JUST KEEP THAT. WE HAVE A CORRECTED COPY. THANK YOU.

MR. TERRY EUGENE WATKINS (BY VOTE OF THE COMMITTEE, THE NECESSITY OF MR. WATKINS' APPEARANCE BEFORE THE COMMITTEE WAS WAIVED. THE FOLLOWING SUMMARY WAS ACCEPTED BY MR. WATKINS AS AN ACCURATE SUMMARY OF HIS PERSONAL DATA QUESTIONNAIRE SUMMARY.)

PERSONAL DATA QUESTIONNAIRE SUMMARY

1.     Terry Eugene Watkins

Home Address:                                             Business Address:

501 2nd Avenue South                 P. O. Box 209

N. Myrtle Beach, SC 29582     N. Myrtle Beach, SC 29597

2.     Mr. Watkins was born in Clarksburg, West Virginia on August 5, 1948.

Social Security Number: ***-**-*****.

4.     Mr. Watkins was married to Charlotte Diane Moats on July 24, 1970. He has one son: Jared Todd Watkins, age 13.

5.     Mr. Watkins served in the U.S. Army from May 18, 1970 to December 20, 1972 and was honorably discharged as E-5.

6.     Mr. Watkins is a graduate of: Sand Fork High School, Sand Fork, West Virginia (1966); Fairmont State College, Fairmont, West Virginia (1969--B.A. Education); Defense Language Institute (1971); Fairmont State College, Fairmont, West Virginia (1980--39 hours Business Courses); and West Virginia University, Morgantown, West Virginia (1981--MBA-Finance).

9.     General Manager--Pittswick Coal Co., Inc., Morgantown, West Virginia (1973-1979); Personnel Clerk--VA Hospital, Clarksburg, West Virginia (Part-time 1980-1982); Business Manager, Julianna Coal Co., Erbacon, West Virginia (1983-1985); and Corporate Controller, The Maritime Corporation, North Myrtle Beach, SC (1985-Present).

16.     Mr. Watkins' health is excellent.

18.     Mr. Watkins had eye surgery in 1983 and 1984 to restore vision to the right eye. Present vision is 20/60.

23.     Mr. Watkins is a member of the North Myrtle Beach (hereinafter NMB) Band Boosters, NMB PTA, NMB Chapter--Veterans of Foreign Wars, and West Virginia University Alumni Association.

25.     References:

Ms. Ellen Bell                                             Mr. Terrence Sergi

Southern National Bank             Anker Energy

North Myrtle Beach, SC             Morgantown, West VA

Mr. Frank McMaster                         Mr. Stephen Fogarty

Columbia, SC                                                 Litchfield, Connecticut

Mr. Howard Aldrich

Cypress Bay Golf Course

North Myrtle Beach, SC

SENATOR HOLLAND: I'M GOING TO ENTERTAIN A MOTION AT THIS TIME THAT THE COMMITTEE GO INTO EXECUTIVE SESSION SO WE CAN DISCUSS ONE PROBLEM WE HAVE. I WOULD ASK ALL OF YOU TO BE EXCUSED, EXCUSE YOURSELVES AND WE'LL CALL YOU BACK SHORTLY. IS THERE ANY OBJECTION TO THE MOTION TO GO INTO EXECUTIVE SESSION?

SENATOR LONG: NONE. NONE AT ALL.

(EXECUTIVE SESSION)

SENATOR HOLLAND: THE COMMITTEE WILL NOW COME BACK TO ORDER. LADIES AND GENTLEMEN, THE COMMITTEE MET IN EXECUTIVE SESSION JUST NOW IN REGARD TO THE PROBLEMS WE HAVE CONCERNING THE APPEARANCE OF CANDIDATES AND WE HAVE--IT APPEARS THAT WE ARE IN A POSITION TO MAKE A STATEMENT AS TO ALL CANDIDATES WHO ARE HERE BEFORE THE SCREENING COMMITTEE; AND I AM IN A POSITION TO ENTERTAIN A MOTION FROM SOME MEMBER OF THIS COMMITTEE THAT WE WAIVE CERTAIN REQUIREMENTS WHICH WE DO--WE HAVE BEEN ADVISED THAT WE HAVE THE RIGHT TO WAIVE; AND AT THIS TIME I WILL ENTERTAIN A MOTION TO THAT EFFECT.

SENATOR LONG: MR. CHAIRMAN, I SO MOVE THAT WE CERTIFY ALL CANDIDATES ON THE RECORD AS BEING QUALIFIED.

SENATOR HOLLAND: IT'S YOUR MOTION THAT WE CERTIFY ALL CANDIDATES ON THE RECORD AS QUALIFIED TO RUN. AND THE NECESSITY FOR THE APPEARANCE OF ANYONE, YOU MOVE THAT THAT BE WAIVED.

SENATOR LONG: YES, SIR.

SENATOR HOLLAND: THE STATUTE REQUIRES US TO DO THAT SO WE CAN WAIVE IT. IN VIEW OF THE WEATHER CONDITIONS, IS THAT THE PURPOSE OF YOUR MOTION?

SENATOR LONG: YES, SIR, MR. CHAIRMAN.

SENATOR HOLLAND: ANY OBJECTIONS BY ANY MEMBER OF THE COMMITTEE? (NONE INDICATED OR VOICED)

SENATOR HOLLAND: IT'S THE CONSENSUS OF THIS COMMITTEE, AND THE RECORD WILL SO SHOW, THAT ALL APPLICANTS SEEKING TO RUN FOR THE PUBLIC SERVICE COMMISSION WHICH WE HAVE BEFORE US THIS MORNING, THOSE WHO APPEARED PERSONALLY, AND THOSE WHO WERE UNABLE TO APPEAR PERSONALLY, ARE CERTIFIED AS QUALIFIED TO RUN BASED UPON YOUR RECORD, THE WRITTEN RECORD WE HAVE BEFORE US AND YOUR PERSONAL APPEARANCE. THERE WAS SOME PROBLEM IN THE TIME ELEMENT IN SETTING THESE DATES AND DUE TO THE INCLEMENT WEATHER, I THINK THAT MOTION IS NOTHING BUT PROPER. THAT HAVING BEEN DONE, I DECLARE THE MEETING ADJOURNED.

(WHEREUPON, THE HEARING WAS ADJOURNED AT 10:14 A.M.)

On motion of Rep. BLANDING, the Report was ordered printed in the Journal.

CONFIRMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor

January 15, 1990
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House of Representatives," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

COUNTY APPOINTMENT

Reappointment, Master-in-Equity, Aiken County, with term to expire June 30, 1995:

Robert A. Smoak, Jr., Post Office Box 1397, Aiken, S.C. 29802

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REGULATIONS RECEIVED

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

Document No. 1189
Promulgated By Health and Human Services Finance Commission
Medically Indigent Assistance Fund
Received by Speaker January 15, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date May 15, 1990

Document No. 1183
Promulgated By Coastal Council
Beach/Dune Critical Area Management
Received by Speaker January 12, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date May 12, 1990

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 11, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3739:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
and the Report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 126

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 11, 1990

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. 329:
S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN OR NURSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 11, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it withdraws the request for the return of:
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Very respectfully,
President

No. 018

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 16, 1990

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. 567:
S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

HOUSE RESOLUTION

On motion of Rep. FOSTER, with unanimous consent, the following was taken up for immediate consideration:

H. 4385 -- Reps. Foster, Nesbitt, Kirsh and Hayes: A HOUSE RESOLUTION INVITING THE STATE CLASS AAAA, DIVISION 1 CHAMPION ROCK HILL NORTHWESTERN HIGH SCHOOL TROJANS FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR THEIR ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 12:15 P.M. ON TUESDAY, JANUARY 16, 1990.

Whereas, the Rock Hill Northwestern Trojans football team won the State AAAA, Division 1 Championship; and

Whereas, the team defeated three number one ranked unbeaten teams during the 1989 football season and won the championship with a 14-1 won-loss record; and

Whereas, the team was coached by Jimmy Wallace, a Rock Hill native; and

Whereas, Coach Wallace during his three years at Northwestern has lead the Trojans to a won-loss record of 35-6 and has a career won-loss record of 85-27; and

Whereas, Coach Wallace has an excellent relationship with the students, staff, and parents, is respected by all, and desires to mold upstanding young men as well as fine athletes; and

Whereas, Coach Wallace and the members of the Trojans football team have striven to achieve and maintain academic excellence as well as athletic achievements. Now, therefore,

Be it resolved by the House of Representatives:

That the Rock Hill Northwestern Trojans football team and coaches are invited to visit and be commended for their accomplishments as State Class AAAA, Division 1 football champions in the Hall of the House of Representatives at 12:15 p.m. on Tuesday, January 16, 1990.

Be it further resolved that copies of this resolution be forwarded to Coach Wallace and Principal W. Earl Lovelace.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4386 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS AMY SIMMONS FELDER OF CLARENDON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1060 -- Senators Martin, Lindsay, Williams, Waddell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. B. MARION SMITH, JR., OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1067 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE RUTH AGNES LOUGHLIN OF WEST COLUMBIA IN LEXINGTON COUNTY.

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

CONCURRENT RESOLUTION

On motion of Rep. HARVIN, with unanimous consent, the following was taken up for immediate consideration:

S. 1061 -- Senators Courson, Pope and Macaulay: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives at 2:00 p.m., Wednesday, January 17, 1990, for the purpose of commemorating the United States Constitution Bicentennial Era in South Carolina.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1068 -- Senator Hayes: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GEORGE WILLIAMS DUNLAP OF ROCK HILL IN YORK COUNTY, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.

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

INTRODUCTION OF BILLS

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

H. 4387 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.

Referred to Committee on Education and Public Works.

H. 4388 -- Reps. Rudnick, Smith, Sharpe and Huff: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS.

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

H. 4389 -- Reps. McLellan and Kirsh: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES.

Referred to Committee on Ways and Means.

H. 4390 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO ALLOW A SCHOOL DISTRICT TO SELL SURPLUS SCHOOL TEXTBOOKS AND USE THE PROCEEDS FOR APPROPRIATE PURPOSES.

Referred to Committee on Education and Public Works.

H. 4391 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.

Referred to Committee on Ways and Means.

H. 4392 -- Rep. Wilder: A BILL TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.

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

H. 4393 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE CONTROLLED SUBSTANCE LAWS, SO AS TO PROVIDE THAT THE OFFENSE OF POSSESSION WITH INTENT TO DISTRIBUTE IS A LESSER INCLUDED OFFENSE TO THE OFFENSES INCLUDED IN SUBSECTION (e).

Referred to Committee on Judiciary.

H. 4394 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS AND CONDITIONS APPLICABLE TO LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER CERTAIN NECESSARY CARE IN THE HOME OR COMMUNITY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE INSURER MAY OFFER THIS COVERAGE FOR THE INSURED'S OPTION BY MEANS OF A RIDER TO THE POLICY ISSUED, AND TO PROVIDE AN EXCEPTION FOR OFFERING THE RIDER.

Referred to Committee on Labor, Commerce and Industry.

H. 4395 -- Reps. McLellan, Sheheen, Winstead and Wilkins: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCREASE THE MONTHLY RETIREMENT BENEFIT FOR A JUDGE WHO HAS COMPLETED TWENTY-FIVE YEARS OF CREDITED SERVICE.

Referred to Committee on Ways and Means.

H. 4396 -- Rep. Taylor: A BILL TO LEVY A TAX UPON THE SEVERANCE OF PRECIOUS METALS, PROVIDE FOR THE PAYMENT AND COLLECTION OF THE TAX, PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE TAX COMMISSION, REQUIRE EVERY PERSON SUBJECT TO THE TAX IMPOSED BY THIS ACT TO POST AN ANNUAL SURETY BOND, ESTABLISH A SPECIAL FUND KNOWN AS THE PALMETTO STATE ENVIRONMENTAL IMPACT FUND, REQUIRE STATE TAX AND BOND RECEIPTS UNDER THIS ACT TO BE REMITTED TO THE STATE TREASURER AND DEPOSITED BY HIM IN THE FUND, PROVIDE FOR THE ADMINISTRATION OF THE FUND AND FOR THE USE OF THE FUND'S PROCEEDS, REQUIRE THE STATE BUDGET AND CONTROL BOARD TO HEAR AND DECIDE APPLICATIONS FOR THE EXPENDITURE OF THE FUND'S PROCEEDS, PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE BOARD, PROVIDE THAT THIS ACT DOES NOT ABROGATE OR DIMINISH OTHERWISE APPLICABLE CIVIL LIABILITY, PROVIDE THAT THIS ACT DOES NOT RELIEVE CRIMINAL LIABILITY, AND PROVIDE THAT THE TAX AND THE REQUIRED BOND ARE IN ADDITION TO ANY OTHER APPLICABLE TAX, FEE, OR BOND IMPOSED OR PROVIDED FOR BY THE LAWS OF THIS STATE.

Referred to Committee on Ways and Means.

H. 4397 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.

Referred to Committee on Labor, Commerce and Industry.

H. 4398 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.

Referred to Committee on Ways and Means.

S. 1042 -- Senators Land, Leatherman, Gilbert, Williams, Waddell, Leventis, Saleeby, McLeod and Matthews: A JOINT RESOLUTION TO SUSPEND A PORTION OF R63-350, A REGULATION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATING TO REPAIR OF HIGHWAY ADVERTISING SIGNS, FOR A SIX-MONTH PERIOD.

Referred to Committee on Education and Public Works.

S. 1045 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.

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

S. 1047 -- Senator Setzler: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.

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

S. 1049 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

Rep. P. HARRIS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KEESLEY objected.

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

S. 1059 -- Senator Leatherman: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Koon
Limehouse              Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 16, 1990.

James C. Johnson                  Robert O. Kay
Robert A. Kohn                    John B. Williams
Larry Gentry                      Steve Lanford
Dick Elliott
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. J. ROGERS a leave of absence for the day due to medical reasons.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Stephen Imbeau of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

The York Delegation presented The State Class AAAA, Division 1 Champion Rock Hill Northwestern High School Trojans Football Team, Coaches, and Principals and commended them for their accomplishments.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4386 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS AMY SIMMONS FELDER OF CLARENDON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HER FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:40 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 2:00 P.M. tomorrow.

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