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 ACTING PRESIDENT, Senator COURSON.

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

By prior motion of Senator O'DELL, with unanimous consent

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 979 (Word version) -- Senators Anderson, Ford, Matthews, Land, Malloy, Reese, Pinckney, Scott, Patterson, Hutto, Short, Williams, Jackson, Grooms, Elliott, McGill, Drummond, Bryant and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1010 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO RECEIVE A PARDON FOR THE CONVICTION OF A CRIME MAY PETITION THE COURT OF APPEALS TO RECOVER THE MONETARY VALUE OF THE LOSS SUSTAINED THROUGH THEIR ERRONEOUS CONVICTION AND IMPRISONMENT.

By prior motion of Senator ANDERSON, with unanimous consent

TO:       Clerk of the Senate
FROM:     Joint Transportation Review Committee
DATE:     February 29, 2008
RE:       Report of Candidate Qualifications

Act 114 of 2006 was enacted to restructure the Department of Transportation and the Department of Transportation Commission. Reforms were written to make the department and commission more accountable to the public, transparent in its operations, and more equitable in its delivery of services. A key component of Act 114 was the formation of the Joint Transportation Review Committee. The review committee's primary responsibility is to consider the qualifications of candidates for the Department of Transportation Commission and to determine whether the candidates meet the newly created statutory criteria for commissioners.

The Joint Transportation Review Committee is comprised of ten members, eight of whom are legislators and two of whom are appointed from the public at-large. To fulfill its mandate, the review committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds a public hearing during which each candidate may be questioned on a wide variety of issues. The review committee expects each candidate to demonstrate a level of experience or education applicable to the duties of a commissioner and to exhibit strong ethical standards. In conducting its review, the committee also took into consideration the candidates' general ability to perform the functions of the office of commissioner. The review committee's investigation focuses on whether the candidates meet the qualifications for service on the commission as established in Section 57-1-310(C):

The qualifications that each commission member must possess, include, but are not limited to:

(1) a baccalaureate or more advanced degree from:

(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c) an institution of higher learning chartered before 1962; or

(2) a background of at least five years in any combination of the following fields of expertise:

(a) transportation;

(b) construction;

(c) finance;

(d) law;

(e) environmental issues;

(f) management; or

(g) engineering.

The review committee's investigation includes a (1) SLED background investigation and criminal records check, (2) a credit investigation, (3) a careful study of application materials including a comprehensive personal data questionnaire, (4) a test of basic knowledge related to policy within the Department of Transportation and the Commission, and (5) a personal interview with each candidate. The personal interview provides a candidate with the opportunity to discuss the specifics of his or her application and amend the materials if needed. The interview also provides the review committee with the opportunity to discuss routine questions related to ethical matters, the candidate's familiarity with the operations of the commission, the relationship between state, local, and regional transportation authorities, and general transportation related issues facing the state. The interview also allows the review committee to gauge the candidate's depth of experience and temperament.
On February 15, 2008 the terms of the current commissioners representing the First, Third, and Fifth Congressional districts expired. Sitting members may continue to serve for up to six months until their successors are elected. Members will be elected to a term of four years that expires on February 15, 2012.
The JTRC screened candidates for the First, Third and Fifth Congressional districts. Ten candidates were screened; three of these candidates withdrew from consideration.
This report contains the review committee's tentative findings of the qualifications of each candidate. However, no member of a congressional district delegation may pledge his or her vote to elect a nominee until the release of the final report.
The seven candidates in this report were each found to be qualified. Each member of the appropriate congressional delegation is provided a copy of this report for review and consideration. The review committee believes this report will help each member make a more fully informed vote. Upon release of the final report, the JTRC's responsibilities related to candidate screening are completed.

Members of the First, Third, and Fifth Congressional District delegations may meet to elect a commissioner to represent their district at any time after 12:00 noon on March 4, 2008 and before August 15, 2008.
Please note that pursuant to Section 57-1-325 congressional delegations must hold a duly called public meeting to elect a Department of Transportation Commissioner. Signing a 'pledge-sheet' does not constitute a vote in favor of a candidate nor does it replace the statutory requirement for a meeting.
Section 57-1-325 reads:
Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall then issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Related to commissioner's terms, Section 57-1-330 reads, in pertinent part:

(A) For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members are elected to a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner shall be filled by election or appointment in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment. Failure by an elected commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Bunch is 65 years old and lives in Awendaw. He is part-owner and manager of three commercial truck dealerships. He is married to Judy R. Bunch and has one son.

The primary truck dealership, Hughes Motors, Inc., is a family company and is the nation's second-oldest Mack Truck dealership. Mr. Bunch also has interests in multiple real estate entities, a mini-storage facility, a KOA Kampground, and leasing companies.

Mr. Bunch is a member of the Rotary Club of North Charleston, the Executive Association of Greater Charleston, the Hibernian Society, and the North Charleston United Methodist Church. He is involved professional organizations related to the businesses, including the South Carolina Trucking Association, the South Carolina Automobile Dealer Association, the Georgia Automobile Association, and the Georgia Motor Trucking Association.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Bunch meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, B.S., Animal Science, 1973.
Areas of Expertise:

Mr. Bunch reports qualifying experience in the following statutory areas:
Transportation:

Mr. Bunch's family owns and operates the Mack Truck/Volvo heavy truck franchise in Charleston. He has been involved in this business since 1973.
Management:

Mr. Bunch oversees and makes executive management decisions for each of the companies he owns and operates. He stated he has managed people his entire professional career.
Professional Abilities:

The Committee found Mr. Bunch to be intelligent and straightforward, and to possess knowledge of transportation as it relates particularly to highways. His performance on the Committee's basic knowledge test exceeded expectations.
Character:

The Committee's investigation did not reveal anything to call Mr. Bunch' s character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Bunch fully answered all questions, both in the personal data questionnaire and in staff interviews.

The Committee's investigation did not reveal any evidence of possible conflicts of interest with the SCDOT or the Commission, and Mr. Bunch reported he knew of no conflicts. Mr. Bunch said that his company does not have any state or DOT-related contracts. The company sells to city/county governments infrequently and only on a bid basis. Mr. Bunch stated he would recuse himself from voting in the event a conflict arose.

Mr. Bunch testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee 's final report.

Mr. Bunch testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health

Mr. Bunch appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. T. Heyward Carter, Jr. -- Evans, Carter, Kunes & Bennett, P.A., Charleston

Mary Thornley, Ed.D -- Trident Technical College, Charleston

Mr. W. Ralph Phillips -- Santee industrial Products, Charleston

Mr. Hugh C. Lane, Jr. -- The Bank of South Carolina, Charleston

Mr. Edgar A. Buck, Sr. -- Charleston

Mr. C. Ronald Coward -- Coward Hund Construction, North Charleston
Additional Information:

Mr. Bunch demonstrated a general knowledge of transportation issues facing the State. He identified overall maintenance problems on secondary roads as a key concern. Mr. Bunch also commented on the importance of I-73, discussed the possibility of tolling I-95, and acknowledged infrastructure needs for both the Jasper Port and any inland warehousing facilities that may be built. He noted that the deteriorating condition of the State' s roads and bridges impacts not only existing businesses but can also hinder the State's ability to attract new businesses. He said he is particularly aware of the challenges that I-95 presents for shipping companies due to the poor conditions of the interstate and resulting wear and tear on vehicles.

Mr. Bunch identified the need to identify increased funding for the Department of Transportation. He stated he wants to serve on the commission so that he can give back to South Carolina, which has been good to him and his family.
Conclusion:

Mr. Bunch appears to be a reasonable, successful and forthcoming businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Bunch qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Byrd is 58 years old and lives in Moncks Corner. He has been the President of Trees, Inc. in Berkeley County for 24 years. He is married to Shanda Taylor Byrd and has four children.

Trees, Inc. harvests and transports lumber to companies that process it, primarily for paper products. Due to a significant decline in the lumber market, Mr. Byrd recently sold at auction most of the vehicles and equipment used by Trees, Inc.

Mr. Byrd is a member of the S.C. Forestry Association, the S.C. Trucking Association and the Berkeley County Chamber of Commerce. He is a past board member of the S.C. Timber Producers Association and the American Logger's Council, and serves on the South Carolina Bank and Trust (SCB&T) local advisory board.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Byrd meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Haywood Technical College, Associate of Applied Sciences - Forestry,   1970.
Areas of Expertise:

Mr. Byrd reports qualifying experience in the following statutory areas:
Transportation:

As owner of Trees, Inc., of Berkeley County, he stated he has experience in all phases of the trucking industry. He noted his company transported lumber for more than twenty years, during which time he maintained compliance with complex federal and state transportation laws.
Management:

Mr. Byrd stated he managed the overall operations and personnel of Trees, Inc.
Finance:

Mr. Byrd managed the finances of the company, regularly monitoring financial reports to gauge market conditions and arranging finances to withstand slow economic periods. Mr. Byrd also stated he negotiated with financial institutions to secure financing for equipment and negotiated contracts for his services with large and small corporate interests.

As a member of the SCB&T local advisory board, he reviews and analyzes financial data from the branch offices within the advisory board's jurisdiction and makes recommendations to the bank's central office concerning the local branch's financial performance.
Environmental:

Trees, Inc.'s activities were regulated by state and federal environmental protection agencies. Mr. Byrd stated he had to understand and maintain compliance with relevant state and federal laws and regulations, including protecting job sites in compliance with South Carolina's Best Management Practices.
Professional Abilities:

The Committee found Mr. Byrd to be intelligent and to possess general knowledge related to transportation in South Carolina. His performance on the Committee's basic knowledge test exceeded expectations.
Additional Information:

Mr. Byrd is married to Senator Larry Grooms' aunt. Senator Grooms recused himself from voting on Mr. Byrd's qualifications.

The Committee's investigation did not reveal anything to call Mr. Byrd's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did   not report a criminal record. Mr. Byrd fully answered all questions, both in the personal data questionnaire and in staff interviews.

As noted, Mr. Byrd recently auctioned off most of Trees, Inc's vehicles and equipment. As a result the business incurred a significant tax liability that was reflected on his financial disclosures. However, Mr. Byrd stated that the company has enough cash on hand to satisfy any debt.

Mr. Byrd said he knew of no conflicts with the SCDOT or Commission. He further stated he would disclose any conflicts and recuse himself from voting if necessary.

Mr. Byrd testified he is aware of the statutory prohibition on members pledging votes until after the formal release of the Committee's final report.

Mr. Byrd testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Byrd appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Johnny E. Ward, Moncks Corner

Mr. William O. Duke, Jr., Summerville

Mr. John S. West, Esq., Moncks Corner

Mr. Robert R. Scott, Columbia

Mr. Phil Denny, Columbia
Miscellaneous:

Mr. Byrd demonstrated a good general knowledge of transportation issues facing the state. He identified overall maintenance problems on secondary roads as a key concern, while also noting the importance of improving and maintaining I-95 and I-26. He cited the state's need to identify improved funding mechanisms for DOT. Mr. Byrd stated he wanted to serve on the commission to give back to the people of the State.
Conclusion:

Mr. Byrd appears to be a reasonable and successful businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Byrd qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Isaac is 55 years old and lives in Myrtle Beach. He is married to Sally M. Isaac and has two children. He is the President of A&I Corporation and its North Carolina sister company, Alisco, Inc. Mr. Isaac serves on the Board of Directors of Crescent Bank, the Board of Directors of Electric Services of South Carolina, and is the treasurer of Benchmark Management. He holds a South Carolina residential builders license and a general contractor's license in both North and South Carolina.

Mr. Isaac is a member of the Myrtle Beach Rotary Club and various state and local chambers of commerce. He has had leadership roles with the Boy Scouts of America both locally and regionally. He also is involved in the Construction Management Technology program at Horry-Georgetown Technical College. Mr. Isaac is active in the Restoration Industry Association, the professional trade organization related to his profession.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Isaac meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

The Citadel, B.S., 1974.
Qualifying Expertise:

Mr. Isaac claims qualifying experience in the following   statutory areas:
Construction:

A & I Corporation and Alisco, Inc. serve as full-service general contractors specializing in insurance repairs and property restoration. Mr. Isaac stated the company provides reconstruction services on small jobs as well as larger, multi-million dollar projects. Mr. Isaac reports he has been involved in all aspects of the business since its inception 34 years ago.
Finance:

Mr. Isaac serves on the Board of Directors and the loan committee of Crescent Bank, where he is a founding director. He stated he monitors the finances of the bank and is involved in resource management, acquisition, and investment. As Chairman of the Oversight Committee for Crescent Mortgage, Mr. Isaac stated he is responsible for monitoring the company to ensure a proper balance between the risk and reward in the company's lending. Crescent Mortgage's business is primarily focused on commercial buildings and real estate development projects.
Environmental:

A&I Corporation and Alisco, Inc. have both provided mold remediation services for the past ten years.
Management:

Mr. Isaac states he has managed the employees of A&I Corporation and Alisco, Inc. for 34 years.
Professional Abilities:

The Committee found Mr. Isaac to be knowledgeable and enterprising. His performance on the Committee's test of basic knowledge of DOT policy met expectations.
Character:

The Committee's investigation did not reveal matters that called Mr. Isaac's character into question. He appears to have handled his business and financial affairs responsibly and SLED did not report a criminal record. He fully answered all questions asked, both in the personal data questionnaire and in staff interviews.

Mr. Isaac reported no known or potential conflicts with the Commission, and stated he would recuse himself from voting should a conflict arise.

Mr. Isaac testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. He further testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Isaac appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. David Morrow -- Crescent Bank, Myrtle Beach

Mr. Brad Dean -- Myrtle Beach Area Chamber of Commerce, Myrtle Beach

Mr. William A. Alford - A & I Corporation, Myrtle Beach

Mr. Doug Wendel -- Burroughs & Chapin, Myrtle Beach

Mr. Tom Rice -- Rice, MacDonald, Winters & Breeden, Myrtle Beach
Additional Information:

Mr. Isaac demonstrated knowledge of transportation issues in South Carolina. He stated overall maintenance problems on secondary roads are a key concern, and discussed the importance of I-73 to the state. Mr. Isaac also stated an interest in increasing funding for the SCDOT.
Conclusion:

Mr. Isaac appears to be a successful and intelligent businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Isaac qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Willingham is 68 years old and lives in Mt. Pleasant. He is married to Kaye Elizabeth Boyette Willingham.

Mr. Willingham is President of Thompson Trucking Company and has been in leadership positions there for 14 years. Mr. Willingham also is a partner in Wando Concrete, LLC, a ready mix producer. He has significant experience in other, construction-related businesses as well.

Mr. Willingham served in active duty in the Army Corps of Engineers and the Army Reserves. He is active in the S.C. Trucking Association and serves as chairman of its board. He is on the S.C. Mining Council, the Board of Directors of the S.C. Mining Association, is a member of the S.C. Legislative Committee of the Associated General Contractors of America (Carolinas Branch), and serves on the board of the Tri-County Regional Chamber of Commerce.

Mr. Willingham has at various times served in appointed positions on at least six boards and commissions responsible for public policy, ranging from the Charleston County Joint Planning Policy Committee to the Mt. Pleasant Economic Development Advisory Board. A former deacon at First Baptist Church of Charleston, he has served or currently serves on various non-profit and philanthropic boards.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Willingham meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

The Citadel, B.S., Civil Engineering, 1961.
Areas of Expertise:

Mr. Willingham claims qualifying experience in the following statutory areas:
Transportation:

VP/General Manager, Thompson Trucking, 14 years, currently serving as President. He also is Chairman of the Board of the S.C. Trucking Association and represented the Association on the Charleston Area Transportation Study Committee (CHATS).
Construction:

Primarily a hauling company, Thompson Trucking utilizes 70 bulk material haulers and supports its affiliate company, O.L. Thompson Construction, a Charleston-based site work construction company. Mr. Willingham also noted the following experience: VP of Tidewater Concrete Block & Pipe Co., 16 years; Sales Engineer for Wm Byrd Sales Corp, 16 years; S.C. Sales Manager, Lone Star Industries and Tarmac PLC, 8 years; VP, Southeast Region, Big River Industries, 3 years; S.C. Manager of Southern Aggregates, 2 years.
Management:

Mr. Willingham cited his experience in Management in conjunction with his experience in Transportation and Construction, above.
Environmental:

Charleston County appointee to the SCDHEC Coastal Zone Management Appellate Panel, 2001-2005.
Professional Abilities:

The Committee found Mr. Willingham to be thoughtful and intelligent and to possess extensive experience in construction-related businesses that depend heavily on transportation networks and infrastructure. His performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not find matters that would call Mr. Willingham's character into question. Mr. Willingham reported no known or potential conflicts with the Commission.

The Committee noted that Wando Concrete, the ready mix producer Mr. Willingham co-owns, was one of the companies that supplied cement for the construction of the Ravenel Bridge in Charleston.

Mr. Willingham noted the project was an unusually large one for the company. He stated that Wando is a supplier of raw materials to contractors/subcontractors only. He said the company has no direct contracts with any state agency or any local government. He took care to advise he would recuse himself from any votes where he faced a conflict of interest.

Mr. Willingham testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. He further testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Willingham appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Robert W. Scoggin -- Mt. Pleasant

C. Mitchell Carnell, Jr., Ph.D. -- Charleston

Mr. Robert F. Clair, Jr. -- Meggett

Mr. Thomas J. Anderson, Jr. -- Wachovia Bank, Charleston

Albert J. Baciocco, Jr. -- VADM, USN, (Ret.), Mt. Pleasant
Additional Information:

Mr. Willingham demonstrated a solid working knowledge of construction and transportation issues. He stressed his knowledge of these industries gives him an understanding of the importance of maintaining and improving the state's transportation networks. He expressed concerns related to funding mechanisms for maintenance and new construction, and noted the poor condition generally of some portions of South Carolina's interstates.

Mr. Willingham was the only candidate to mention that he has attended recent commission meetings. He demonstrated an understanding of the MPO/COG planning process, as well as the State Infrastructure Bank's funding concerns.
Conclusion:

Mr. Willingham appears to be an intelligent, highly experienced businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Willingham qualified and reports him to the resident members of the First District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Dalton is 65 years old and lives in Easley. He is President and CEO of Blue Ridge Electric Cooperative, Inc., a position he has held since 1982. Married to Olivia Davis Dalton, he has three children. He is a member of the Board of Directors of the Electric Cooperatives of S.C., the Board of Directors of the Peoples Bancorporation and the Board of Directors of the Bank of Anderson. Mr. Dalton is also a member of the Greenville Rotary Club, the Better Business Bureau of the Foothills, and the Greater Greenville Chamber of Commerce. He is Secretary of Clemson University's IPTAY Board of Directors.

Mr. Dalton is a member of the Board of Directors of Cannon Memorial Hospital and is on the Greenville American Red Cross board. He also serves or has served on numerous other economic development and charitable boards. A former member of Pickens City Council, Mr. Dalton served on the S.C. Highway Commission from 1979-1983, and again from 1987-1991. He was chairman in 1983 and 1991.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Bunch meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, BS, Industrial Management, 1964.
Areas of Expertise:

Mr. Dalton claims qualifying experience in the following statutory areas:
Construction:

Owner/President, Dalton Furniture & Carpet, Inc., a retail furniture and interior design company, 1966-1982.
Finance:

Chairman, Audit Committee, Peoples Bancorporation; Director, Bank of Anderson, Anderson; President and CEO of Blue Ridge Electric Cooperative, Inc.
Management:

President & CEO of Blue Ridge Electric Cooperative, Inc.
Professional Abilities:

The Committee found Mr. Dalton to be intelligent and knowledgeable about transportation issues, and noted his previous experience on the Highway Commission. His performance on the Committee's basic knowledge test of Department policy met expectations.
Character:

The Committee's investigation did not reveal anything that called Mr. Dalton's character into question. He appears to have handled his personal and financial affairs responsibly and SLED did not report a criminal record. Mr. Dalton fully answered all questions, in both the personal data questionnaire and in staff interviews. He reported no known or potential conflicts with the Commission, and stated he would recuse himself from voting should a conflict arise.

Mr. Dalton testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report.

Mr. Dalton testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Dalton appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

The Honorable Gresham Barrett - Member, United States House of Representatives, Washington, D.C.

Mr. R.R. Ridgeway - Peoples Bancorporation, Easley

Mr. Michael J. Hayes - WYFF, Greenville

Dr. John M. Adams - First Baptist Church, Easley

Mr. Marvin G. Carmichael - Clemson University, Clemson

Mr. Mat Self - GMI Holding, Inc., Greenwood
Additional Information:

Mr. Dalton expressed a general understanding of the Commission and the Department of Transportation. He cited road and bridge quality issues as important, and said funding for new construction and maintenance are challenges that will face any new commissioner. Mr. Dalton stated he would work to see that DOT contractors ensure efficiencies in service delivery. He discussed congestion problems and maintenance needs across the state in some detail, and said the department should place a priority on the ranking of construction and maintenance projects based on objective criteria.
Conclusion:

Mr. Dalton appears to be a well-respected, responsible businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Dalton qualified and reports him to the resident members of the Third District delegation for consideration.

COMMITTEE FINDING: QUALIFIED

Biographical Information:

Mr. Lewis is 63 years old and lives in West Union. He is founding principal and Chairman of H2L, a Greenville-based engineering firm. Mr. Lewis is married to Irene Galloway Reames Lewis.

Mr. Lewis serves on the American Arbitration Association Panel of Neutrals as arbitrator and mediator for complex construction disputes. He is licensed in South Carolina as a professional engineer and he been or is licensed in nine other states as a professional engineer.

Mr. Lewis is the author of numerous professional articles and receives continuing education on various engineering topics. He is a member of several professional associations and has received a number of professional awards and recognitions. He serves on the Clemson University Research Foundation Board of Directors and is its past Chairman. Mr. Lewis attends Augusta Road Baptist Church in Greenville and Trinity Baptist Church in Seneca. He is also a member of the Poinsett Club.
Statutory Qualifications:

Based on the Committee's investigation, Mr. Lewis meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Clemson University, BSCE, 1966; Clemson University, MSCE, 1967.
Areas of Expertise:

Mr. Lewis claims qualifying experience in the following statutory areas:
Engineering:

Founding principal and Chairman, H2L Consulting Engineers, 1989 -   present. Mr. Lewis stated the firm offers in-house design, project management and consulting services. These services include engineering design and preparation of construction contracts for various private and public sector clients, and engineering consultation for large industrial projects, public utilities, insurance companies, law firms, and corporate clients for the resolution of design and construction disputes. Notable projects include the Newport News Shipyard's corporate tower and a naval shipyard in Georgia. The company also provides certain computer hardware, software and network management services to a number of small businesses.
Management:

Mr. Lewis's duties include general management of the corporation and management of assigned client accounts as senior consultant. He also is treasurer of the corporation.
Construction:

As part of Mr. Lewis' duties as an engineer, consultant and corporate manager, he stated he has responsible positions in contract administration related to construction and environmental matters.
Professional Abilities:

The Committee found Mr. Lewis to be an extremely knowledgeable and successful engineer. His performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not reveal anything that called Mr. Lewis' character into question. He appears to have handled his personal and financial affairs responsibly and SLED did not report a criminal record.

Mr. Lewis fully answered all questions asked of him in both the personal data questionnaire and in staff interviews. He reported no known or potential conflicts with the Commission, and stated he would seek Ethics Commission advice and/or recuse himself from voting should a conflict arise.

Mr. Lewis testified he is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. He further testified he has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Mr. Lewis appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. R. Arthur Seaver, Jr. -- Greenville First Bank, Greenville

Mr. Leo H. Hill -- Nelson Mullins, Greenville

Mr. W.O. Powers -- Powers Construction, Florence

Mr. Henry W. Brown -- Nexsen Pruet, Columbia

Mr. Robert T. Lyles -- Lyles & Lyles, LLC, Charleston
Additional Information:

Mr. Lewis expressed a general familiarity with the DOT Commission and the operation of the Department. Specifically, he cited achievement of the highway safety goals outlined in the DOT's Strategic Highway Plan as important. Further, he identified prioritization of current and future road construction projects as priorities for the growth of the State, and noted the immediate importance of road and bridge maintenance.

Mr. Lewis stated if elected he would not micromanage the department's progress, but rather would continue the recent improvements the department has made. He also expressed a familiarity with the workings of his local Council of Government, which would be helpful knowledge given the DOT's relationship with COGs.
Conclusion:

Mr. Lewis appears to be a well-organized, deliberate and successful businessperson. The Committee believes he would be an effective member of the Commission. The Committee finds Mr. Lewis qualified and reports him to the resident members of the Third District delegation for consideration.

COMMITTEE FINDING: QUALIFIED
Biographical Information:

Ms. Nuckles is 63 years old and lives in Rock Hill. She is owner of Pencilheads, LLC, a small business accounting, consulting, and business development company. She has two children.

Ms. Nuckles is active in local politics and her church. She is a former City Commissioner of the City of West Palm Beach, Florida.
Statutory Qualifications:

Based on the Committee's investigation, Ms. Nuckles meets the qualifications prescribed by law to serve as a member of the Commission.
Education:

Columbus Jr. College, Columbus, Ga., 1964-1966; Indian River Community   College, Ft. Pierce, Fla., various classes, 1966-1975; Florida Atlantic University (FAU),   Boca Raton, Fla., B.A., 1989; FAU, attended MBA program, 1991. Ms. Nuckles stated the MBA program was not completed due to her marriage, a new business and elected office.
Areas of Expertise:

Ms. Nuckles claims qualifying experience in the following statutory areas.
Transportation:

Palm Beach County, Fla., MPO, 1993-1995. Ms. Nuckles served on the Metropolitan Planning Organization in her official capacity as elected city commissioner representing the City of West Palm Beach. She stated she dealt with rapid growth and infrastructure funding issues. She also noted she worked as a special projects intern on the RFATS MPO in Rock Hill from 2004-2005, as a transportation planning and grants coordinator working with the Federal Highway Administration and SCDOT. She co-authored the local Public Involvement Plan, and coordinated planning with the Catawba Regional COG.

Ms. Nuckles cited her work with Capital Management and Engineering, P.C., a management consulting firm, from 2005-2008. The firm represented York County, S.C. in its management of transportation projects following passage of a local option sales tax levied for road projects.
Construction:

Ms. Nuckles was co-owner of Nuckles Flooring Inc. in Fla. and Nuckles Consulting in Rock Hill from 1992-2003. The firms were upscale hardwood flooring, design, and woodworking/cabinetry contracting and consulting companies.
Finance:

Ms. Nuckles was a budget officer and internal auditor for the Ft. Pierce, Florida, Utilities Authority from 1970-1975. She was business manager and general manager of Truck & Trailer Center, Inc., of Ft. Pierce, from 1980-1985. As co-owner of Nuckles Flooring, she stated she was responsible for ensuring working capital, cash flow, lines of credit, and banking and franchise relationships. She stated she compiled financial reporting documents and profit and tax estimates, provided cash flow management and did financial planning work with Capital Management and Engineering.
Management:

Ms. Nuckles was general manager of Truck & Trailer Center, Inc.; co-owner of Nuckles Flooring Center, where she oversaw eight employees; and Director of Development for the Red Cross of Palm Beach County from June-October of 1992.
Professional Abilities:

The Committee found Ms. Nuckles to be thoughtful, deliberate and intelligent. Her performance on the Committee's test of basic knowledge of DOT policy exceeded expectations.
Character:

The Committee's investigation did not reveal anything that called Ms. Nuckles' character into question. Ms. Nuckles appears to have handled her personal and financial affairs responsibly and SLED did not report a criminal record. Ms. Nuckles fully answered all questions in both the personal data questionnaire and in staff interviews. She reported no known or potential conflicts with the Commission, and stated she would recuse herself from voting should a conflict arise.

Ms. Nuckles testified she is aware of the statutory prohibition on members pledging votes until after the release of the Committee's final report. She further testified she has not sought or received the pledge of any legislator prior to screening; has not sought or been offered a conditional pledge of support by a legislator; and has not asked third persons to contact members of the General Assembly prior to screening.
Physical Health:

Ms. Nuckles appears to be physically capable of performing the duties of the office.
Letters of Recommendation:

Mr. Glenn McCall -- Rock Hill

Mrs. Larry (Kathy) Bigham -- Rock Hill

Mr. James H. Edwards -- Wilson Miller & Associates, Rock Hill

Mr. Hamp Atkins, Rock Hill

Mrs. Trudy Laub -- Palmetto Pregnancy Center, Rock Hill

Mr. Davis Guyton, Esq. -- Rock Hill

Mrs. Barbi B. Aiton -- First Citizens, Rock Hill
Additional Information:

Ms. Nuckles demonstrated a good working knowledge of transportation matters, particularly related to the technical components of state transportation policy. She stated her transportation experience is in three areas: technical, policy, and consulting. She demonstrated significant familiarity with the MPO and COG planning systems and discussed working knowledge of financing and management of public transportation projects.

Ms. Nuckles noted the state's growth presents a challenge for the DOT. She discussed demographic shifts and problems related to overall infrastructure, and demonstrated an awareness of funding concerns. Ms. Nuckles stated she favors a whole-state effort toward policy and planning, rather than the district-by-district approach the Commission has sometimes taken. Ms. Nuckles called for new approaches to be used in road and maintenance funding efforts, and she outlined these approaches with some specificity.
Conclusion:

Ms. Nuckles appears to be a thoughtful, careful and intelligent individual. The Committee believes she would an effective member of the Commission. The Committee finds Ms. Nuckles qualified and reports her to the resident members of the Fifth District delegation for consideration.

Respectfully submitted,
Sen. Lawrence K. Grooms,             Rep. John H. "Jay" Lucas,

Chairman                             Vice-Chairman
Sen. Glenn F. McConnell               Rep. Annette Young
Sen. Hugh K. Leatherman               Rep. Nathan Ballentine
Sen. Danny Verdin                     Mr. Reid Banks
Sen. Gerald Malloy                   Mr. Bob Harrell, Sr.

The following items were received by the Joint Transportation Review Committee:

"I am recusing myself from voting on the qualifications of Mr. Charles Dalton, Mr. David Bunch and Mr. Kenneth Willingham. I do so out of caution and appearance because both of these gentlemen have contributed to my reelection campaign in the past."

Glenn F. McConnell
2-7-08

I am recusing myself from voting on the qualifications of the following individuals: Mr. Kenneth Willingham because he contributed to my reelection campaign; and Mr. William Byrd because he is married to my mother's sister.

Larry K. Grooms
2-7-08

The Honorable Lawrence K. Grooms
Chairman, Senate Transportation Committee
203 Gressette Building
Columbia, South Carolina 29201

Dear Senator Grooms:

Because I have received campaign contributions from the following individuals or organizations with which the individuals may be affiliated, I hereby request to be recorded as recusing myself from the vote regarding qualifications for the following candidates for the Department of Transportation Commission:

District 1
Mr. David W. Bunch
Mr. Thomas W. Byrd
Mr. Daniel H. Isaac, Jr.
Mr. Kenneth R. Willingham

District 3
Mr. Charles E. Dalton

Even though I am recusing myself from voting, I found all of these candidates to be well qualified.

Hugh K. Leatherman
Member, Joint Transportation Review Committee

On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ann Boyd, owner of the Darlington News and Press.

At 11:20 A.M., on motion of Senator JACKSON, the Senate adjourned to meet next Tuesday, March 4, 2008, at 12:00 Noon.

This web page was last updated on Monday, June 22, 2009 at 1:50 P.M.