Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 3440, Mar. 15 | Printed Page 3460, Mar. 15 |
Printed Page 3450 . . . . . Tuesday, March 15, 1994
Upon the conclusion of her address, Miss USA and her escort party retired from the Chamber.

ELECTION OF PUBLIC SERVICE COMMISSION MEMBERS

FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH

AND AT-LARGE DISTRICTS

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

S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, 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, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.

The President recognized Senator Holland, Chairman of the Committee to Review Candidates for the Public Service Commission.

FIRST CONGRESSIONAL DISTRICT

The President announced that nominations were in order for a Public Service Commission member for the First Congressional District.

Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had been screened and found qualified: Ms. Anne M. Bowen, Ms. Mignon Letitia Clyburn, Mr. Eugene Novgorodoff, Mr. William Saunders, Mr. Charles E. Schuster, Mr. Hubert Tyler, Mr. Flemister Lamarr Wiley and Mr. Richard Ganaway.

Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidate had been screened and found not qualified:
Mr. Furman M. Reynolds, III.

Senator Holland, on behalf of the Committee to Review Candidates for the Public Service Commission, stated that the following candidates had withdrawn: Ms. Mignon Letitia Clyburn and Mr. Charles E. Schuster.

Printed Page 3451 . . . . . Tuesday, March 15, 1994
Senator Washington nominated Mr. William Saunders as follows:

"Mr. President, Mr. Speaker, members of the Senate and members of the House, ladies and gentlemen...It is always an honor to come and stand at this podium particularly when you have an opportunity to make a nomination for an individual for such important positions in this State. I have been here several times, but this morning it is really a tremendous honor to place in nomination an individual for First District for the Public Service Commission a person who has really paid his dues. We have heard about individuals pulling themselves up by the boot straps. We heard alot about this during the Clarence Thomas confirmation, but ladies and gentlemen, I am here this morning to tell you that the individual that I am going to nominate in many cases didn't even have the boot straps but because of determination, commitment and dedication, he has been able to do some things that many of us would think impossible. Mr. William Bill Saunders, a Johns Island native, is president and general manager of WPAL-AM, Inc. Mr. Saunders is founder and executive director of the Committee on Better Racial Assurance (COBRA), a private, non-profit human service agency which serves the community in various ways, including sickle cell testing, education, counseling and referral. Mr. Saunders is also an active member of Wesley United Methodist Church where he serves as Sunday School Superintendent and Lay Speaker. He is married to Henrietta J. Saunders and they have raised ten children and everyone of those children have gone to further their education and they are professionals from school teachers, engineers, vice-presidents of banks and many other fields. He is a manager. If he can manage that size of family and encourage his children to achieve the kind of things they have achieved, he has done wonders. His education includes Business Management Training from the Southeastern Business College in Charleston, South Carolina, Seminars for Southern Executives at the Blue Ridge Institute in Black Mountain, North Carolina, Vocational Education from Southern Illinois University, Medical Ethics Course, College of Charleston, Annual Sickle Cell Workshop, Department of Health, Education & Welfare. He is the author of several publications and articles including: `Sea Island Roots', Social Policy, Ain't You Got A Right To the Tree of Life, `One of These Days' and Editor of `Low Country Newsletter.' Mr. Saunders has been a guest lecturer at the Baptist College of Charleston, the Tampa Area Alcohol & Drug Abuse Program in Tampa, Florida, the College of Charleston, Howard University and Atlanta University. He has served as vice- president and president of the Charleston County Democratic Party, the first black to serve and was a Democratic candidate for the South Carolina Senate in 1980. Mr. Saunders

Printed Page 3452 . . . . . Tuesday, March 15, 1994
is the 17th Inductee to the South Carolina Broadcaster's Hall of Fame and a Member of the Black Hall of Fame. He has also received the following recognition and awards, Outstanding Service in the Areas of Arts presented by the Charleston Chapter of Links, Public Service Award from the Arabian Temple #139, Outstanding Service Award from Delta Sigma Theta Inc., Outstanding Service Award from the North Charleston Branch of NAACP, Congressional Records from the Proceedings & Debates of the 100th Congress, `Malcolm D. Haven Community Service Award,' `Community Leadership Award' from Shaw University Without Walls, `Outstanding Leadership Award', Charleston County Substance Abuse Commission, `Citizen of the Year' from the Omega Psi Phi Fraternity, Inc., `Certificate of Recognition' for Outstanding Contributions in the Field of Community and Public Affairs from the South Carolina Legislature, House of Representatives. He has served on the following boards, National Association of Broadcasters, Daytime Broadcasters Committee, Radio 87 Steering Committee, National Association of Broadcasters, Private Industry Council, Trident Chamber of Commerce, President of South Carolina Broadcasters Association, Charleston Area Community Relations Committee, Citadel Advisory Board to the Dean of Graduate Studies, Charleston Trident Chamber of Commerce Governmental Steering Committee, Trident Community Foundation, South Carolina State Human Affairs Commission and many others. Ladies and gentlemen, I could stand here all day and tell you about some of the achievements of this man, but I believe that if you really want to nominate and elect somebody who would be involved in the community, somebody who has been committed to the kind of ideals that and principles that we are about. Many years ago when we had the hospital strike in Charleston, it was Bill Saunders who was practically responsible for the calmness and the lack of bloodshed. He has been a bridge between the racists in this State. He has lifted people up that can't lift themselves up to make a difference in this State. I don't need to talk about the qualifications of other candidates, but I want to say to you this morning that if you are serious about the business of electing a qualified, committed, dedicated individual to serve in this position, then I know you will join me and many others in voting for William Bill Saunders for the First District. I urge you and encourage you and ask you to vote for Mr. Saunders. Thank you."

Senator Cork nominated Anne M. Bowen as follows:

"Mr. Speaker, honorable members of the House and Senate...I rise before you to place in nomination, Ms. Anne Bowen for the First

Printed Page 3453 . . . . . Tuesday, March 15, 1994
Congressional District Seat of the Public Service Commission. Ladies and gentlemen, I feel very strongly that Anne Bowen is the best candidate for this position and I beck your indulgence as I try to explain why. Anne grew up on Hilton Head Island as I did and we went to the same school. She is going to kill me for telling you this, but she is a little bit older than I am, so I have to admit that I didn't know her that well growing up. She was one of the big kids and I was one of the little kids and we were terrified to speak to the big kids. But, in our adult life I have come to know Anne very well and I admire her a great deal. I got to know her several years ago when she served in the same class as my mother in Leadership Hilton Head. The class project that the group adopted that year was to heighten water conservation awareness on Hilton Head Island and I know that Anne was very involved and dedicated in that effort. When some months later, I was looking for a prospective commissioner to recommend for gubernatorial appointment for a local water and sewer district, Anne immediately came to mind. Anne is a successful, self-employed, certified financial planner and I knew that she had the strong business background and expertise to be a good utility commissioner. I considered her profession and ask that certainly, but I also knew she had the flexibility in her work schedule to accommodate the time necessary to do the job well. She has been a vital part of that Commission since her appointment elected by her peers to leadership positions on both her own commission as well as that of the town of Hilton Head. I am very proud of the outstanding work Anne has done for both the public and as well to be able to take credit for a little bit of it myself. Anne called me several months ago when she read an announcement in the newspaper on Hilton Head about the Public Service Commission elections and she asked me to help her find out more about it. To tell you the truth, I think she had already decided to go for it when she called. She didn't know that much about the process or what it entailed and she asked for me to inquire on her behalf to get more information. I tell you this because I want you to realize what a dedicated public servant Anne is. She had no idea what it meant to run for a Public Service Commission seat or how difficult it is to win, nor did she have any idea what the salary is, but she didn't care, she strongly believed then and as she does now that she has alot to offer the State of South Carolina and its people. She wants to make that contribution because she knows that as a commissioner, she is well prepared and able to meet the challenges ahead especially as we approach the technological advancement of the 21st century. Anne Bowen is a candidate with a strong sense of what is right and fair. I have no doubt that as a commissioner she will be a strong advocate for the public's best
Printed Page 3454 . . . . . Tuesday, March 15, 1994
interests. Her financial expertise and her background make her an outstanding candidate. I appreciate the time each of you have spent getting to know Anne and hearing about her qualifications and I hope that now you will see your way clear to elect the best candidate for the First Congressional Seat on the Public Service Commission and that person is Anne Bowen."

On motion of Senator Holland, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:

The following named Senators voted for Ms. Bowen:

Cork              Courson          Courtney
Giese             Gregory          Hayes
Leventis          Martin           Mescher
Peeler            Richter          Russell
Ryberg            Stilwell         Thomas
Wilson

TOTAL--16

The following named Senators voted for Mr. Ganaway: 

McConnell         Rose

TOTAL--2

The following named Senators voted for Mr. Novgorodoff: 

TOTAL--0



The following named Senators voted for Mr. Saunders:

Bryan             Drummond         Elliott
Ford              Glover           Holland
Jackson           Land             Lander
Leatherman        Macaulay         Matthews
McGill            Mitchell         Moore
O'Dell            Passailaigue     Patterson
Rankin            Reese            Saleeby
Setzler           Short            Smith, G.





Printed Page 3455 . . . . . Tuesday, March 15,
1994




Smith, J.V.       Waldrep          Washington
Williams

TOTAL--28



The following named Senators voted for Mr. Tyler:

TOTAL--0



The following named Senators voted for Mr. Wiley:

TOTAL--0



On motion of Rep. CARNELL, with unanimous consent, the Members of the House
voted by electric roll call.


The following named Representatives voted for Ms. Bowen:

Baker            Brown, H.        Clyborne
Cooper           Cromer           Davenport
Farr             Fulmer           Gamble
Gonzales         Hallman          Harrell
Harrison         Haskins          Hutson
Jaskwhich        Keegan           Kelley
Keyserling       Klauber          McCraw
Meacham          Neilson          Phillips
Quinn            Richardson       Riser
Robinson         Shissias         Simrill
Stone            Thomas           Townsend
Trotter          Tucker           Waites
Waldrop          Walker           Witherspoon
Wofford          Worley           Wright
Young, A.

Total--43



The following named Representatives voted for Mr. Ganaway:

Barber

Total--1




Printed Page 3456 . . . . . Tuesday, March 15,
1994



  The following named Representatives voted for Mr. Novgorodoff:

Stille           Young, R.

Total--2



The following named Representatives voted for Mr. Saunders:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Baxley           Boan             Breeland
Brown, G.        Brown, J.        Byrd
Canty            Carnell          Chamblee
Cobb-Hunter      Corning          Delleney
Elliott          Fair             Govan
Harris, J.       Harris, P.       Harvin
Harwell          Hines            Hodges
Holt             Houck            Inabinett
Jennings         Kennedy          Kinon
Kirsh            Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McElveen         McKay
McLeod           McMahand         McTeer
Moody-Lawrence   Neal             Rhoad
Rudnick          Scott            Sharpe
Smith, R.        Snow             Spearman
Stoddard         Stuart           Vaughn
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Williams

Total--63



The following named Representatives voted for Mr. Tyler:

Total--0



The following named Representatives voted for Mr. Wiley:

Total--0




Printed Page 3457 . . . . . Tuesday, March 15,
1994




RECAPITULATION

Total number of Senators voting . .   46
Total number of Representatives voting                                109
Grand Total . . . . . . . . . . . .  155
  Necessary to a choice . . . . . .   78
  Of which Ms. Bowen received . . .   59
  Of which Mr. Ganaway received . . .  3
  Of which Mr. Novgorodoff received .  2
  Of which Mr. Saunders received  .   91
  Of which Mr. Tyler received . . . .  0
  Of which Mr. Wiley received . . . . . .  0


Whereupon, the President announced that Mr. William Saunders having received a
majority of the votes cast, was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT


The President announced that nominations were in order for a Public Service
Commission member for the Second Congressional District.


Rep. WRIGHT made the following remarks:

"Mr. President, Ladies and gentlemen of the Joint Assembly...Thank you
very much for allowing me to be heard.  I have addressed a Joint Assembly one
other time in my career and for a friend of mine, Gerald Beckam and myself, it
was a DSS experience  that I will never forget.  I rise to speak to you on an
issue that has become a concern to me in the last week or so.  Over the weekend,
and even today, you have copies of articles that were placed on your desks which
I also have copies of, too.  These articles were published in statewide
newspapers on the Public Service Commission races.  The article offered
documentation about lobbyists and lobbyist principals who appear before the PSC
that have been campaigning for various candidates in this election.  I am not
here to point any fingers or to take sides.  Like you, I would just like to know
the facts and I think that we are entitled to know that before we vote.  One of
the focal points of the article related to the fact that an executive from the
Pond Branch Telephone Corporation called legislators on behalf of a particular
candidate running for Seat No. 2.  In addition for being a candidate for Seat
No. 2, this individual also happens to be staff legal advisor to the PSC
commissioners.  Over the weekend, it was made public that Pond Branch Telephone
Corporation now has an active case before the commission.  In fact, the first
hearing on this case took place a couple



Printed Page 3458 . . . . . Tuesday, March 15,
1994



 of weeks ago.  And a vote on the outcome of that hearing is still pending at a
later date.  Pond Branch executives are also actively lobbying for this
candidate and evidently, he was the only candidate present at that hearing who
is now receiving this special campaign help from Pond Branch executives. 
Frankly, these allegations raise serious ethical concerns.  The bottom line is
that we may have a public official involved in a quasi judicial proceeding
accepting help from one of the utilities involved in those proceedings.  If
these allegations are true, and we go ahead with these elections today or this
particular election for Seat No. 2, we would severely undermine the public's
confidence in the General Assembly, not to mention the fact that we could
possibly be electing a new commissioner that has a serious conflict of interest
on a pending case.  It is imperative for the Screening Committee to have an
opportunity to review this information before we as legislators cast our votes
for Seat No. 2.  Therefore, in a moment I am going to move that we adjourn
debate on the balloting for Seat No. 2 for a period of two weeks so that we may
give the Screening Committee an opportunity to look into this matter and
carefully decide if any ethical violations have occurred.  We are here to
protect the public and do the public's business.  If we go through with the
balloting and realize after the fact, that indeed something was amiss, then we
have condoned it.  If everything is kosher, the Screening Committee will find it
out and we can proceed with the ballot."


Rep. WRIGHT moved to adjourn debate on the balloting for Seat No. 2 for a period
of two weeks.

Senator Holland stated that the Screening Committee's job was to screen the
candidates and that they had found the candidates qualified to run.

POINT OF ORDER


Senator Williams raised the Point of Order that the motion to adjourn debate
on the balloting was out of order as the elections had already been set for this
date by resolution.

Lt. Governor Theodore sustained the Point of Order.


Rep. WRIGHT moved to adjourn debate on the balloting for Seat No. 2 until the
end of the balloting of the other elections.

POINT OF ORDER


Rep. WHITE raised the Point of Order that the motion to adjourn debate on the
balloting was out of order as the elections had already been set for this date
by resolution.



Printed Page 3459 . . . . . Tuesday, March 15,
1994



  Lt. Governor Theodore stated that motion to adjourn debate would still leave
the matter in active status and merely move it to the end and he overruled the
Point of Order.


Rep. BAXLEY moved to table the motion to adjourn debate.


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

Yeas 85; Nays 75


AYES


Bryan             Courtney         Elliott
Ford              Giese            Glover
Hayes             Holland          Jackson
Land              Lander           Leventis
Martin            Matthews         McGill
Mitchell          Moore            O'Dell
Passailaigue      Patterson        Rankin
Russell           Ryberg           Saleeby
Short             Smith, J.V.      Stilwell
Washington        Williams

TOTAL--29


NAYS


Cork              Courson          Gregory
Leatherman        Macaulay         McConnell
Mescher           Peeler           Reese
Richter           Rose             Smith, G.
Thomas            Waldrep          Wilson

TOTAL--15



Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Bailey, G.       Baxley           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Carnell          Cobb-Hunter
Elliott          Farr             Felder
Gamble           Govan            Harris, J.
Harris, P.       Harvin           Harwell





Printed Page 3460 . . . . . Tuesday, March 15,
1994




Hines            Hodges           Holt
Houck            Inabinett        Jennings
Kennedy          Kinon            Kirsh
Mattos           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rudnick          Scott            Snow
Spearman         Stoddard         Stuart
Trotter          Waldrop          Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Williams

Total--56






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