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 5840 . . . . . Wednesday, May 11, 1994
THE CHAIRMAN: Questions from the committee? Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. Mr. Leopard, do you feel like you have learned a great deal in this service that you have already been a part of?
A. I have. It's a -- it's an extremely hard working agency, which I didn't know before I come into the -- come on to the commission. And I learned a lot more about state government than I realized that I didn't know before then.

And -- and I think it's a good agency. And it's going to be difficult to find a good man to replace the one that's leaving. And in order to continue to keep the agency very effective with the, you know, the restructuring of the budget and so forth, it's going to take a lot of effort by everyone over there. Not only the Advocate, but the whole team is going to have to work at this to be very efficient. It's got to be team work.
Q. Thank you.
THE CHAIRMAN: Any other members of the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. How long have you been in the Shriners Club?
A. Since 1969.
Q. Do you hold any office?
A. Yes, in some of -- in the Graders (phonetic) unit, which was just one of the units,, and then I also got in a little business back in '86 that took so much of my time, I almost had to drop everything. I was working too much.

And I haven't been active -- I've got a little more active in the last year and a half because I've had more time. And I will get more active back into it because I've got an awful lot of friends in the -- not only in the -- I'm sure you know Bob Lake, he was a friend of mine for many years. He still is.
THE CHAIRMAN: The Senator from York.
EXAMINATION BY SENATOR HAYES:
Q. Are you basically retired now?
A. To an extent, yes. I still take -- I'll take contractual work. Right now, I'm doing a lot of work for GE. You see, I worked for RCA basically for many years and I traveled all over the State of South Carolina for a number of years and I still don't know probably all the furniture and appliance dealers in the state.

Printed Page 5841 . . . . . Wednesday, May 11, 1994
And right now, I'm doing some work for GE for them
-- new accounts, things like that. So I'm working back all over the state, but it's just calling on old friends because I know most of them.
THE CHAIRMAN: Representative Whipper.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. Since you have served you said a year and a half --
A. Basically, yes.
Q. About a year and a half, and you said that it is time consuming and involved. How do you feel your attendance has been? How would you evaluate --
A. My attendance, I haven't missed, but one meeting, and I think that was when my mother passed away, but it don't require a lot of time. And as a matter of fact, I could give it more time than is required. And sometime would like to.
THE CHAIRMAN: Any other -- Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Well, let me follow up that. Are you telling me that the -- is the commission taking care of the business over there? Do you need to have more time for Consumer Affair problems? Or when you say devote more time to it --
A. Well, when you've got a -- it's been well run and --
Q. I know that.
A. And there was no reason for us to spend any more time. There might be a little more time needed due to the changes over there, but it's a productive time that we spend over there and it could be -- probably needs to be increased a little bit until -- of course, you still got two -- two pretty good people over there running it, Phil Porter and Curtis Walker. But there again, they have to be -- it has to be one head man.
Q. Thank you, sir.
THE CHAIRMAN: Any other questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Leapord, you described the commission as a well run organization or a well run agency, and I think that it is. Are there any problems there that concern you or anything that needs to be improved?
A. Well, it was a little difficult when we kept losing people and didn't have the money to replace them, but all in all, it probably made the agency just that more efficient and it's going to come out this year on budget and it will -- if it's -- if it's handled right, it will continue to come out according to the budget.

And as you probably know, there has been some jobs added to the agency like the leasing situation, the Manpower Leasing Act that was --

Printed Page 5842 . . . . . Wednesday, May 11, 1994
you gentleman passed. That's just one of the most recent things that have been added. And to add jobs and take away manpower makes an agency as efficient as it can be.
Q. A couple times, maybe three times, I heard you mention that there is -- it's going to be hard to find a good man to replace Mr. Hamm. I'm sure that's an expression, but we hope that you would consider a good woman also as you're making that search. I thought I saw Representative Whipper's head dip back a time or two there.
REPRESENTATIVE BAILEY: I was going to correct him.
THE CHAIRMAN: Any other questions from the committee? Mr. Leapord, we are -- as I said, we're going to have an Executive Session at the end, so we will ask you to wait around. We'll try to make it as quickly --
A. Very good.
THE CHAIRMAN: -- as possible. Thank you very much.
A. I thank you. I thank all of you very much.
THE CHAIRMAN: Mr. Lewis, we thank you for coming today. We're going to begin by putting you under oath and our staff attorney, Mr. Johnson, is going to ask you a few questions. Once he finishes then the members of the committee will probably ask you a few questions also and we'll allow you, of course, to respond and state anything you would like to state on your behalf.

Once we have finished, we're going to have to ask you to wait around because we'll probably have an Executive Session at the end and may need to ask you a few more questions and so we'll just have to ask you to do that. No other way around it. Okay, Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
JOHN E. LEWIS, having been duly sworn, testified as follows:
MR. LEWIS - EXAMINATION BY MR. JOHNSON:
Q. Mr. Lewis, the -- there was a summary sheet of information that Ms. McQueeney, Carleen McQueeney, sent to you for you to review and then it was sent back to this office. Do you affirm that the information in that summary is correct and would you agree to have that summary entered into the record of the transcript today?
A. There was one minor correction that I gave to Ms. McQueeney and it dealt with the date of my wedding anniversary.
Q. And with that correction, then you would allow that to be entered?
A. (Witness nods in the affirmative).

Printed Page 5843 . . . . . Wednesday, May 11, 1994
PERSONAL DATA QUESTIONNAIRE SUMMARY

1. John E. Lewis
Home Address: Business Address:
206 Chancery Lane FN Manufacturing, Inc.
Columbia, SC 29223 P.O. Box 24257
Columbia, SC 29224

2. He was born in Chicago, Illinois on April 29, 1942. He is presently 51 years old. Social Security Number:***-**-****.

5. He was married on April 19, 1963 to Ruth A. Lundquist. They have two children: Karyn Polson, age 25 - Library Assistant, Richland County; Kelly Herman, age 22 - Underwriting Clerk, Fleet Funding.

6. Military Service: U.S. Navy (June, 1960) - (Dec.1960); Airman Apprentice; Honorable Discharge.

7. Education: University of Dubuque - Master of Business Administration (September 1983 to May 1985); Loras College
- Bachelor of Arts, Business Administration (September 1979 to May 1981); Southwest Jr. College - Associate of Arts, Business Administration (September 1963 to May 1972).

10. His professional experience includes:
April 1993 to present - FN Manufacturing, Inc. -Sr. Quality Engr.; April 1991 to April 1993 - Ambac International, Inc. - Sr. Mfg. Engineer; October 1974 to April 1991 - John Deere Dubuque Works - Adv. Engr Analyst; April 1972 to October 1974 - Rousselle Corporation - Mfg, Engineer; June 1969 to April 1972
- McCain Div. MGD Graphics - Industrial Engineer; September 1966 to June 1969 - Goss Div. MGD Graphics - NC. Programmer; October 1962 to September 1966 - U.S. Industries - Journeyman Machinist; December 1960 to October 1962 - Swift & Company - Bookkeeper.

13. He is the majority stock-holder, Chairman of the Board or Directors, and President of Accuspect, Inc. This is a South Carolina Sub-Chapter S Corporation engaged in the business of

Printed Page 5844 . . . . . Wednesday, May 11, 1994
providing written inspection reports to both buyers and seller of residential property. The business is primarily run by one employee. Mr. Lewis' primary function is to provide financial backing and general business direction. The business is not currently regulated by the Consumer Affairs Commission or any other state agency. They were an unsuccessful bidder on two contracts to provide consulting services to two local governmental authorities.

21. Five (5) letters of recommendation:
Phil McChesney, George Kennedy, Stan Luallin, Sam Baines, John Ebenroth.

Q. Let's see. Mr. Lewis, your SLED records check is negative. Your Driver's records check is negative. Your Personal Data Questionnaire indicates negative on responses Items 11 through 20 with the exception of Number 13, you listed that you're the president of Acu-Spec (phonetic)?
A. Yes, sir.
Q. And that you -- I believe you listed -- you said that you were an unsuccessful bidder on two local government contracts; is that right?
A. That's correct.
Q. And I think also you noted that your business is not regulated by the Department of Consumer Affairs; is that right?
A. To my knowledge, no.
Q. Your State Ethics Commission Statement of Economic Interests indicates negative on Items 13 through 20. And I'm just going to briefly go through some questions that are similar to those questions that you've already answered on those questionnaires.

Again, Mr. Lewis, do you or any member of your family own or operate a business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives state or federal funds or any funding from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of state, federal or local law?
A. No.

Printed Page 5845 . . . . . Wednesday, May 11, 1994
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Have you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of why you may have difficulty performing the duties of this appointment if you receive it?
A. No.
Q. Now, if you would like to, Mr. Lewis, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission.
A. Okay. I prepared a little statement here. My name is John Lewis. I reside with my wife at 206 Chancery Lane in Columbia, South Carolina. My wife, Ruth and I have been married since April of 1963. We were both born in Chicago, Illinois and moved from Chicago to Dubuque, Iowa in 1974 when I began work for John Deere.

In 1991, we relocated to South Carolina and I am now employed as a senior quality engineer for FM Manufacturing. My wife is an accountant for Life Abilities, an Easter Seal Affiliate. We're fortunate in both of our daughters, Karen and Kelly, have also relocated to the Columbia area. Karen and her husband moved to Columbia after he graduated from Iowa State University and Kelly, our youngest daughter, moved with us. She went to work for Fleet Mortgage Company, met a young man and was married in May of 1992 and they own a home in Lexington, South Carolina.

My education includes an associate, bachelor's and master's degree in Business Administration. These were all earned through night and part-time study. My work experience has primarily been in evaluating and solving the financial and technical problems associated or encountered in manufacturing products, primarily those products produced by metal working.

I'm certified by the American Manufacturing Engineering Certification Institute as a manufacturing engineer with a specialty of manufacturing management.

To achieve this certification, I successfully completed two four-hour examinations. The first examination was on engineering fundamentals and

Printed Page 5846 . . . . . Wednesday, May 11, 1994
covered the principles that all engineers use in problem solving. The second examination was on the specialty area that I selected.

I have never been arrested or charged with any crime nor have I ever been held by any law enforcement authority. To my knowledge, I have never been under investigation by any organization for possible violation of any criminal statute or professional code of ethics. I've never been charged with any breach of ethics or unprofessional contact by any -- conduct by any civil authority, association or professional organization. I'm not a lobbyist nor have I ever acted as a lobbyist.

For three years during the mid 1980's, I did serve as a member of the Board of Directors of the John Deere Civic Action fund. This is a bipartisan political action committee funded by the employees of John Deere. The function of the Board of Directors was to approve or not approve requests for funding. Requests for funding came directly from the candidates, candidates running for public office. Participants in the fund were the management of John Deere. I terminated with -- my term expired prior to 1990.

I terminated my employment with John Deere in 1991 and am no longer eligible to serve in that capacity.

The Economic Interest statements that I've previously filed are still accurate. I do not derive any economic benefit from any governmental or regulatory agency other than those benefits that all citizens of the state receive.

My academic training has given me the skills to approach problems in a rational, logical and businesslike manner. My work experience has given me the skills to evaluate technical issues with thought processes of an engineer.

I have no hidden agenda in seeking this appointment. I'm willing and able to serve. As a citizen, I have a concern with boards that are staffed with members or employees of the professional groups or industries being regulated.

I offer my services as a candidate with no ties to any organization being regulated by the Consumer Affairs Commission. My only connection to the industries regulated by this Commission is that I along with every other citizen in the State of South Carolina use their services and buy the products of the companies that are regulated. I have no special qualifications to offer other than an independent voice of the consumer.
THE CHAIRMAN: Thank you, Mr. Lewis. Questions from -- Representative Bailey.

Printed Page 5847 . . . . . Wednesday, May 11, 1994
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, you were in the Navy?
A. Yes, sir.
Q. For how long?
A. Six months. I served active duty under six months.
Q. Then you were in the Reserves or something?
A. No, sir, I was discharged in Corpus Christi, Texas. I'm, for all practical purposes, blind in my right eye. That was discovered when I began screening for the specialty that I was training in. At that point, I was given several choices and one of them was to take -- just take a discharge.
Q. Yes, sir.
A. I did not apply for any --
Q. Disability?
A. -- disability or anything like that. I didn't feel like it was service connected, so --
Q. I notice down here, you do -- what kind of business is this, providing written inspection reports for both buyers and sellers of residential property?
A. Well --
Q. Is that your business?
A. I own it.
Q. I see it's a one-man operation.
A. I started the business primarily for my son-in-law and my function was to provide the funding for the business. His business -- job was to go out and do the inspections.

What we do is for buyers or sellers of real estate, we'll go in and evaluate the physical condition of the property, look at the -- the foundation, the roof, the landscaping, the grading, evaluate the -- what we can of the wiring and the plumbing and then submit a report.
Q. Are you familiar with the home building inspection, Home Inspection Bill that's going through, that was in both the House and Senate today?
A. No, I'm not. I think it's a good idea so.
Q. Thank you, sir. That's my bill. I appreciate that. He just got a brownie point. Where were you last week?
A. You know, from my perspective and being involved in the
-- in that particular industry, I see a real need for some type of regulation, and many states, and South Carolina is one of them, that unfortunately does not have any.
Q. That's all.
A. You've got my support.

Printed Page 5848 . . . . . Wednesday, May 11, 1994
THE CHAIRMAN: Representative McLeod.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. You said you worked for John Deere?
A. Yes, sir.
Q. Why did you leave John Deere?
A. I had reached a point in my career that I didn't see myself progressing much further in the company with the company. John Deere was going through the pains that most companies were with downsizing, so I had a choice. I could either continue to stay with Deere, which I would have had a very good job and take a retirement, or I could relocate into an area of the country that I wanted to relocate into and try something different. I decided to do that. I felt that was probably a more positive approach than just marking time.
Q. What is this John Deere fund you were talking?
A. John Deere -- the political -- it was a John Deere Civic Action Fund was -- it's an employee PAC.
Q. I mean, is it a federal type thing or --
A. No, it's an -- they donate money to primarily federal candidates. They don't -- we never got involved in state politics with the exception of Illinois and in Iowa, but they do fund candidates in almost any state where John Deere has a facility, and I mean by facility, I'm not talking about a dealership, but, say, in Georgia, here, there. In Atlanta, there is a parts distribution center and in Augusta, there is a factory. So in all probability, I would imagine they -- they may be funding the -- the campaigns of the representative from that particular area, if he would ask for it. Probably more heavily involved with the candidates from the Midwest -- Illinois, Iowa and Wisconsin -- because that was where most of the facilities were located.
THE CHAIRMAN: Any member of the committee?
EXAMINATION BY MR. ELLIOTT:
Q. What type of contracts were you seeking to get from the local government?
A. I bid on a contract with the Central Midlands Regional Development Authority to provide inspection services on some homes that they were renovating in the City of Hebron. And the other one, I submitted a bid, but I really felt kind of uncomfortable doing it. It was with the Historic Preservation Committee and I submit -- I sent off for the request for qualifications and then after I got it back, I thought, I really didn't want to mess with it, this isn't what I want to do. But then I got a call from the Procurement office and they -- they suggested that I submit the bid. I think they wanted to get some competitive bids, so I submitted a bid. But
Printed Page 5849 . . . . . Wednesday, May 11, 1994
it really wasn't one that I had my heart in going after. I was more interested in the -- in the one for the --
REPRESENTATIVE BAILEY: Do you --
A. -- renovating the house, which was more with what we do.
Q. Yes, sir.
THE CHAIRMAN: Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, who is your state senator?
A. I think it was Courson, isn't it.
Q. I don't know, sir. You've got so many up here in Columbia, I really don't know. Who is your House member, do you know?
A. I really don't know. I am like most of the people you're going to run into.
Q. You don't need them until you call them, then you don't need them.
THE CHAIRMAN: What bothers me the most is that --
A. I don't need them, I don't call them.
THE CHAIRMAN: -- most of the people today have known who their House members were and then told us Senators who aren't even serving any more, so that bothers me a little bit.
REPRESENTATIVE MCLEOD: That tells you something.
REPRESENTATIVE BAILEY: No, I'm finished.
THE CHAIRMAN: Any other questions by the committee?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Lewis, the Consumer Affairs Commission is a very important commission and it's one that's been very active and very forceful in South Carolina for the last several years. What do you see the role of the commission being? What do you -- what part do you play as a member of the commission?
A. I see the commission as being more or less a watchdog agency in the state to insure against unethical business practices or people -- I don't want to say illegal or -- business practices, being the watchdog for frauds and --
Q. As a member --
A. -- regulate that. And to attempt to control some of the
-- in this case, it's insurance and banking and some of the rates and the regulations that may effect all of us.
Q. You mentioned earlier that the only real experience that you had was that of a consumer. Do you see yourself as being an advocate for the consumer on the commission?
A. I think so.

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