Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
As we commemorate the life and ministry of Dr. Martin Luther King, Jr., who said, "One day we shall all sit down at the table of brotherhood", hear the words of the Prophet Micah, Chapter 6(v.8):
"He hath shewed thee, O man,
What is good;
And what doth the Lord require of thee,
But to do justly, and to love mercy,
And to walk humbly with thy God?"
Let us pray.
God of our fathers, as we remember the life and labors of Your servant, Martin Luther King, Jr., and recite again his dreams for all God's children, we remember that his dreams were not original with him, but were the essence of the dreams of Isaiah, Jeremiah, Micah and St. Paul: we go up TOGETHER or we go down TOGETHER.
Help us in our day to be instruments for the implementation of those dreams... that all people may live together as one family of God, bearing each other's burdens and helping each other share the good things of our land... together.
May the dreams, the aspirations and the prayers for "America The Beautiful" be reborn in us... anew... is our morning prayer.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 15, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Master-in-Equity, Aiken County, with term to expire June 30, 1995:
Robert A. Smoak, Jr., P.O. Box 1397, Aiken, S.C. 29802
January 12, 1990
Mr. Frank Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202
Dear Mr. Caggiano,
I just wanted to take this opportunity to thank you for your considerable part in having me introduced to the Senate this past Tuesday. It was an unexpected honor, privilege and an experience that I will never forget.
I had wanted to speak to you and express my appreciation on Tuesday but I could see that you were quite busy. My wife had particularly wanted to commend you on the appearance of the Senate Chamber. The greater part of any congratulations due for the upfit of those chambers must go to you. The research you did, the decisions you made and the coordination that you provided were the biggest factors contributing to both the timeliness and the appearance of the job. I have enjoyed working with you and all the wonderful ladies in your office.
Yours truly,
Doug Tompkins
On motion of Senator WILLLIAMS, with unanimous consent, ordered printed in the Journal.
The Honorable Frank B. Caggiano
Clerk of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Dear Mr. Caggiano:
The South Carolina Legislature, by proviso to the 1989-1990 Appropriation Act, directed the State Health and Human Services Finance Commission to conduct a study of head and spinal cord injured persons within South Carolina. The purpose for the study was to produce a plan to identify those services necessary to support such persons and to increase their level of self-sufficiency.
The State Health and Human Services Finance Commission will be submitting "A Study of the Needs of the Head and Spinal Cord Injured in South Carolina" to the South Carolina General Assembly no later than February 14, 1990, in order to fulfill the proviso directive of the Appropriations Act.
Thank you for attention in this matter and should you have any further questions, please do not hesitate to contact me.
Sincerely,
Eugene A. Laurent, Ph. D.
Executive Director
(Ordered printed in the Journal)
The following were received and referred to the appropriate committees for consideration.
Document No. 1183
Promulgated By Coastal Council
Beach/Dune Critical Area Management
Received by Lt. Governor January 12, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date May 12, 1990
Document No. 1189
Promulgated By Health and Human Services Finance Commission
Medically Indigent Assistance Fund
Received by Lt. Governor January 15, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 15, 1990
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.)
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.
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.
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.)
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.
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 Senator HOLLAND, with unanimous consent, the Report was ordered printed in the Journal.
Senator LEATHERMAN introduced Dr. Stephen Imbeau of Florence, Doctor of the Day.
On motion of Senator PATTERSON, Senator LOURIE was granted a leave of absence for today.
Columbia, S.C., January 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has recalled this Bill, from the Legislative Council, reconsidered the vote whereby the Bill received a third reading and tabled the Bill:
S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
Very respectfully,
Speaker of the House
Received as information
The following were introduced:
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.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
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.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
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.
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 on Tuesday, February 13, 1990, at 12:30 p.m. for the purpose of 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.
Be it further resolved that any candidate receiving a majority of the votes cast in any election must be declared to be the winner of that election if a quorum is present whether or not a majority of the members of the combined houses vote. A majority of the votes cast is defined as fifty percent of the legal number of votes cast plus any fraction of a whole number in excess of fifty percent of the legal number of votes cast.
Referred to the Committee on Invitations.
S. 1070 -- Senator Russell: A BILL TO AMEND SECTION 29-3-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES THAT COVER FUTURE ADVANCES, SO AS TO ALLOW A MORTGAGOR, WITH THE PERMISSION OF THE MORTGAGEE, TO FILE FOR RECORD A NOTICE LIMITING THE MAXIMUM PRINCIPAL AMOUNT THAT MAY BE SECURED BY THE MORTGAGE TO AN AMOUNT NOT LESS THAN THE AMOUNT ACTUALLY ADVANCED AT THE TIME OF FILING IF A COPY OF THE FILING ALSO IS SENT BY CERTIFIED MAIL TO THE MORTGAGEE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1071 -- Senators Lourie, Waddell, Martin, Drummond, Holland, J. Verne Smith, McLeod, Moore, Fielding, Hayes, Pope, Helmly, McGill, Mullinax, Passailaigue, Martschink, Setzler and Rose: A BILL TO AMEND SECTION 44-53-370 OF CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING CONTROLLED SUBSTANCES SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS SECTION, AND TO ADD SECTION 44-53-396 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVERS LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION.
Read the first time and referred to the Committee on Judiciary.
S. 1072 -- Senators Lourie, Waddell, Martin, Drummond, Holland, J. Verne Smith, McLeod, Moore, Fielding, Hayes, Pope, Helmly, McGill, Mullinax, Passailaigue, Setzler and Rose: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW PERSONS NOT LIKELY TO APPEAR AS REQUIRED OR CONSIDERED DANGEROUS TO THE COMMUNITY TO BE DETAINED PRIOR TO TRIAL, AND TO PROVIDE A PROCEDURE FOR DETENTION HEARINGS PENDING TRIAL.
Read the first time and referred to the Committee on Judiciary.
S. 1073 -- Senators Lourie, Waddell, Martin, Drummond, Holland, J. Verne Smith, McLeod, Moore, Fielding, Hayes, Pope, Helmly, McGill, Mullinax, Passailaigue, Setzler and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL; CRUEL, UNUSUAL, AND CORPORAL PUNISHMENT; AND DETENTION OF WITNESSES, SO AS TO PROVIDE THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.
Read the first time and referred to the Committee on Judiciary.
S. 1074 -- Senators Thomas, Lee, Giese, Pope, McConnell, Nell W. Smith, J. Verne Smith, Drummond, O'Dell, Passailaigue, Matthews, Hayes, Mullinax, Rose, Martschink, Stilwell, Peeler, Moore, Setzler, McGill, Hinson, Holland, Courson, Helmly, Shealy, Wilson and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.
Read the first time and referred to the Committee on Judiciary.
S. 1075 -- Senators Lourie, Waddell, Martin, Drummond, Holland, J. Verne Smith, McLeod, Moore, Fielding, Hayes, Pope, Helmly, McGill, Mullinax, Passailaigue, Rose, Setzler and Martschink: A BILL TO AMEND ITEM (6) OF SECTION 44-53-520(a), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN A QUANTITY GREATER THAN THAT DEEMED PERSONAL USE PURSUANT TO SECTION 44-53-370(d)(3).
Read the first time and referred to the Committee on Judiciary.
S. 1076 -- Senators Rose and Thomas: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF PUBLIC AND PRIVATE SECTOR EMPLOYEES, TO AUTHORIZE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, TO PROVIDE PROCEDURES FOR THIS TESTING INCLUDING CONFIDENTIALITY REQUIREMENTS, TO PROVIDE FOR EMPLOYEE AND EMPLOYER PROTECTIONS IN REGARD TO THIS TESTING, TO PROVIDE FOR THE APPROVAL OF PERSONS AND LABORATORIES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT SPECIMEN COLLECTION AND CONFIRMATION TESTING, AND TO PROVIDE FOR CIVIL REMEDIES AND RELIEF FOR CERTAIN VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1077 -- Senators Rose and Wilson: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF JUVENILE OFFENDERS, SO AS TO PROVIDE THAT NO CHILD MAY BE HELD IN AN ADULT FACILITY FOR MORE THAN SIX HOURS AND TO REDUCE FROM FORTY-EIGHT TO TWENTY-FOUR HOURS THE TIME DURING WHICH A DETENTION HEARING MUST BE HELD IF A CHILD IS NOT RELEASED.
Read the first time and referred to the Committee on Judiciary.
S. 1078 -- Senator Passailaigue: A BILL TO AMEND SECTION 56-3-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSE PLATES FOR VEHICLES OF THE STATE, ITS SUBDIVISIONS, AND THE CIVIL AIR PATROL, SO AS TO INCLUDE VEHICLES OPERATED BY A PUBLIC HIGH SCHOOL FOR USE IN DRIVER EDUCATION COURSES.
Read the first time and referred to the Committee on Transportation.
S. 1079 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-9-555 SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE OR WRITTEN CERTIFICATE SPECIFIED BY SECTIONS 56-9-540(1) AND 56-9-550 IS NOT REQUIRED FOR FAILURE TO PAY TAXES OR TO PAY A TRAFFIC TICKET OR IN THE EVENT OF SUSPENSION OF A DRIVER'S LICENSE BECAUSE OF THE FAILURE TO PAY TAXES OR TO PAY A TRAFFIC TICKET, AND TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE CERTIFICATE OF INSURANCE OR WRITTEN CERTIFICATE MAY BE REQUIRED.
Read the first time and referred to the Committee on Transportation.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Setzler, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, was ordered placed on the Calendar without reference.
S. 1081 -- Senator Lee: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1082 -- Senators Lourie, Waddell, Martin, Drummond, Holland, J. Verne Smith, McLeod, Moore, Fielding, Hayes, Pope, Helmly, McGill, Mullinax, Passailaigue, Bryan, Giese, Rose, Setzler and Martschink: A BILL TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS.
Read the first time and referred to the Committee on Judiciary.
S. 1083 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. MYER WHACK OF CLARENDON COUNTY ON THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1084 -- Senator Hayes: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. JAMES CARLISLE HOLLER OF ROCK HILL IN YORK COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
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.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4350 -- Orangeburg Delegation: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.
Whereas, South Carolina State College, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and
Whereas, South Carolina State College is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and
Whereas, South Carolina State College is the only public institution in South Carolina offering the Ed. D. Degree; and
Whereas, South Carolina State College is currently involved in more than four million dollars in research; and
Whereas, South Carolina State College is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and
Whereas, South Carolina State College's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and
Whereas, South Carolina State College's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and
Whereas, South Carolina State College's nationally accredited School of Engineering Technology is the only one in South Carolina; and
Whereas, South Carolina State College's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and
Whereas, South Carolina State College's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having a Brigadier General, a Lieutenant General, and a Major General on active duty and a Brigadier General retired; and
Whereas, South Carolina State College's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and
Whereas, South Carolina State College has more than twenty thousand alumni of record; and
Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Wednesday, February 7, 1990, is declared South Carolina State College Day.
Be it further resolved that a copy of this resolution be forwarded to the President of South Carolina State College and the Chairman of the Orangeburg Legislative Delegation.
Referred to the Committee on Invitations.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
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.
On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator MOORE, the Concurrent Resolution was adopted, ordered sent to the House.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Reappointment, Member, Commission for the Blind, with term to expire May 18, 1996:
3rd Congressional District:
Mrs. Erline Gardner, P.O. Box 2068, Aiken, S.C. 29801
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.
The House returned the Bill with amendments.
Senator GIESE explained the amendments.
On motion of Senator GIESE, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Invitations.
On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator HOLLAND, the Concurrent Resolution was adopted, ordered sent to the House.
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.
On motion of Senator GIESE, with unanimous consent, the Bill was recalled from Legislative Council.
On motion of Senator GIESE, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator GIESE, the vote whereby the Senate concurred in House Amendments was reconsidered.
On motion of Senator MOORE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1046 -- Senators Rose and Helmly: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.
S. 1066 -- Senator McGill: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.
(By prior motion of Senator McGILL, with unanimous consent)
H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.
Senator WADDELL proposed the following amendment (Doc. No. 0041X), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 589 of 1986 is amended to read:
"Section 1. (A) The members of the Board of Education of Beaufort County (hereafter called the board) must be elected in nonpartisan elections in the general election and shall serve terms of four years and until their successors are elected and qualify. The term of a member commences on January first next following his election. If a vacancy occurs and the remainder of the term exceeds twenty-six months, the office must be filled at the next general election. If the unexpired term is less than twenty-six months, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County.
(B) Notice of the general election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the districts from which members of the board are elected, and the notice shall must contain appropriate information concerning the election. The notice must be published not earlier than one hundred fifty days, and not later than one hundred twenty days, before the date of the election.
(1) To have his name placed on the ballot as a candidate in the general election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, shall must contain the signatures of at least two and one-half percent of the qualified registered electors of the district.
(2) The name of the candidate, if he is otherwise qualified, must be placed upon the ballot by the authority charged by law with preparing the ballot if the petition is submitted, as required by this section, not later than twelve o'clock noon on August first immediately preceding the date of the election or, if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and shall certify the results to that authority not later than twelve o'clock noon on September first immediately preceding the date of the election or, if September first falls on Sunday, not later than twelve o'clock noon on the following Monday. Once submitted for verification, the petition may not be returned to the petitioner but must be retained by the authority to whom it was submitted and must become becomes a part of the public records of the election for which it was submitted.
(C) If a vacancy occurs on the board and the unexpired term is twelve months or less, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County. If the unexpired term is more than twelve months, a special election must be conducted to fill the vacancy. The board, by the first Tuesday after the vacancy occurs, shall notify the Beaufort County Election Commission of the vacancy. Notice of the special election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the district from which the vacancy is to be filled and the notice must contain appropriate information concerning the election. The notice must be published not later than the second Tuesday after the vacancy occurs. To have his name placed on the ballot as a candidate in the special election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, must contain the signatures of at least two and one-half percent of the qualified registered electors of the district. The name of the candidate, if he is otherwise qualified, must be placed upon the special election ballot if the petition is submitted not later than twelve o'clock noon on the eighth Tuesday after the vacancy occurs. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and certify the results to that authority not later than twelve o'clock noon on the tenth Tuesday after the vacancy occurs. Once submitted for verification, the petition may not be returned to the petitioner but must become a part of the public record of the special election. The special election must be set for the seventeenth Tuesday after the vacancy occurs. If any of the days dealing with the special election falls on a holiday, then the required date is set as the next normal working day. If a vacancy occurs in more than one office requiring separate special elections to be held within twenty-eight days under the provisions of this act, the authority responsible for the conduct of the special election shall conduct all of the special elections on the same date. The special elections must be held on the latest date required for a special election during the twenty-eight day period."
SECTION 2. The provisions of this act apply to a vacancy existing on or after the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time was passed and ordered to a third reading:
S. 986 -- Senator Waddell: A BILL TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.
On motion of Senator WADDELL, S. 986 was ordered to receive a third reading on Wednesday, January 17, 1990.
S. 1048 -- Senator Waddell: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE A PROCEDURE FOR CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY WHEN THE REMAINDER OF THE TERM IS MORE THAN TWELVE MONTHS.
On motion of Senator WADDELL, the Bill was referred to the Local Delegation.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Privilege of the Chamber, to that area behind the rail, was extended to the Northwestern High School "Trojan" Football Team of Rock Hill, S.C.
COMMITTEE AMENDMENT
AMENDED, DEBATE INTERRUPTED
S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Transportation.
Senator FIELDING spoke on the Bill.
Senators WILSON, PASSAILAIGUE, FIELDING and COURSON proposed the following amendment (Doc. No. 4214U), which was adopted:
Amend the report of the Committee on Transportation, as and if amended, in Section 56-5-5350(b), as contained in SECTION 2, page 0042-2, by adding at the end:
/In the case of vehicles less than five years old, the vehicle inspections provided for in this article must include an inspection to determine if the emission control systems are intact./
Amend title to conform.
Senator FIELDING explained the amendment.
Senator THOMAS argued in favor of the adoption of the amendment.
Senator THOMAS moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Giese Gilbert Hayes Holland Long Martschink McGill Mitchell Moore Mullinax Passailaigue Patterson Pope Rose Russell Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Hinds Hinson Leatherman McConnell Peeler Saleeby
The amendment was adopted.
Senator HINSON proposed the following amendment (Doc. No. 3775U), which was tabled:
Amend the report of the Committee on Transportation, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 37, Chapter 5 of Title 56 of the 1976 Code is repealed.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator HINSON continued arguing in favor of the adoption of the amendment.
Senator FIELDING moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator WADDELL, with unanimous consent, the Senate proceeded to the Executive Session whereupon the Senate stood adjourned.
Debate was interrupted by adjournment.
On motion of Senator MOORE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Reappointment, Member, Commission for the Blind, with term to expire May 18, 1996:
3rd Congressional District:
Mrs. Erline Gardner, P.O. Box 2068, Aiken, S.C. 29801
Appointment, Part-time Magistrate, Hampton County, with term to expire April 30, 1990:
Virgin Johnson, Sr., Route 2, Box 15, Estill, S.C. 29918
Appointment, Magistrate, Pickens County, with term to expire April 30, 1990:
Ms. Dale Dalton, P.O. Box 65, Pickens, S.C. 29671 VICE W.L. Fortner
Appointment, Magistrate, Colleton County, with term to expire April 30, 1990:
Kenneth A. Campbell, Jr., 515 Academy Road, Walterboro, S.C. 29488 VICE John R. Hetrick (resigned)
Reappointment, Full-time Magistrate, Greenwood County, with term to expire April 30, 1991:
Thomas H. Metts, Route 1, Box 366, Greenwood, S.C. 29646
Appointments, Part-time Night Magistrates, Greenwood County, with terms to expire April 30, 1991:
Thomas Walter Williams, P.O. Box 752, Greenwood, S.C. 29648 VICE Joe Cantrell (resigned to become Chief Magistrate)
Raymond Fred Mackey, Route 1, Box 82-B, Hodges, S.C. 29653 VICE Joe Cantrell (resigned to become Chief Magistrate)
Reappointment, Full-time Magistrate, Saluda County, with term to expire April 30, 1990:
Bruce Horne, Route 3, Box 89, Saluda, S.C. 29138
Appointment, Part-time Magistrate, Williamsburg County, with term to expire April 30, 1990:
Rev. James Witherspoon, 104 King Ave., Kingstree, S.C. 29556
Reappointment, Part-time Magistrate, Barnwell County, with term to expire April 30, 1991:
Alfred W. Flynn, P.O. Box 485, Williston, S.C. 29583
Appointment, Magistrate, Clarendon County, with term to expire April 30, 1990:
Eugene A. Failmezger, 23 Church St., Summerton, S.C. 29148 Vacancy
Reappointment, Master-in-Equity, Lee County, with term to expire December 31, 1995:
George M. Stuckey, Jr., Box 568, Bishopville, S.C. 29010
Appointment, Part-time Magistrate, Clarendon County, with term to expire April 30, 1990:
William Rogers DuBose, 333 Main St., Summerton, S.C. 29148 VICE Raleigh Lowder (deceased)
Appointment, Magistrate, Charleston County, with term to expire April 30, 1991:
Daniel E. Martin, Jr., 105 Gordon St., Charleston, S.C. 29403 VICE Renee Gaters (resigned)
Appointment, Magistrate, Saluda County, with term to expire April 30, 1990:
Sam Pou, Route 4, Box 378, Saluda, S.C. 29138 VICE Mary Corley (resigned)
Reappointment, Member, Calhoun County Board of Voter Registration, with term to expire September 27, 1991:
Clarence Larrymore, Jr., 208 Upper Muller St., St. Matthews, S.C. 29135
Appointment, Master-in-Equity, Richland County, with term to expire June 30, 1991:
Joseph M. Strickland, 4224 Wentworth Dr., Columbia, S.C. VICE James C. Harrison (resigned)
Reappointment, Master-in-Equity, Aiken County, with term to expire June 30, 1995:
Robert A. Smoak, Jr., P.O. Box 1397, Aiken, S.C. 29802
At 1:05 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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