Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 3600, May 18 | Printed Page 3620, May 18 |
Printed Page 3610 . . . . . Thursday, May 18, 1995
Q: How were you placed on that board?
A: There was an opening and I applied. In fact, I think in my resume I sent you the Ford... the Dispute Settlement Board application that shows the whole thing. My brother-in-law was on it prior and he knew he was getting off and frankly said, "Harold, this is a well worthwhile interesting experience." Incidently it's unpaid, it's strictly volunteer. They do pay my expenses to Charlotte and whatever, one hotel and all that. He said, "Harold, put in for it." I did put in for it and the selection is not made by Ford Motor Company, it's made from the University of Michigan by a fellow by the name of Doc Jim Brown and he is the... they have a division at the University of Michigan on consumer appeals. He does the analysis, he makes the decision and then he tells Ford Motor Company, this man is qualified to serve on this board.
Q: How long have you been doing that?
A: I'm in my second year now. And it is absolutely fascinating. The procedure is one week before I go to Charlotte, the meeting's on Friday. I get a packet, from Federal Express,... the maximum we ever had, I got a packet, it was twenty-five cases. You sit there... I sit there all week and go over these cases one by one, make by decision and then we meet Friday and take case by case and there were three other decisions there. We discuss it and arrive at a decision. On the application from the consumer it will say do you want to make a personal appearance. If they say yes... and some cases they have to in order for us to look at the car. Particularly on a paint job. They come before the board and we give them some time to further their request of what they want and then, in some cases, where's motor trouble we all go out and look at the car. Well, I'm a consumer, I don't know anything about automotive, so it's up to the automotive expert and he inspects the car and, in some cases, the consumer will have a legitimate excuse and sometimes they don't. So that's basically the modis operandi, you might say, and that's the way we do it. And I might go one step further. They also have another thing. Sometimes they get a decision they can turn in a rebuttal and we review the case a second time. So it's a very fair equitable method of protecting the consumer.
Q: What do you know about he Consumer Affairs agency itself as far what it's purposes in the State of South Carolina?
Printed Page 3611 . . . . . Thursday, May 18, 1995
A: Well, I had one of the best briefings I could have ever had. At one of your state legislative committee meetings the AARP, about a year ago, Steve Hamm was our guest speaker and he spelled it out for us and that also made me very impressed with what the Consumer Affairs Commission is trying to do and I think it's... all state agencies are important. I think this is more... more important ones.
Q: What does it do?
A: Well, it's helping the consumer... well, I guess one of the big things is, incidently AARP was... monitored this utilities situation with telephone rates and electric utilities and all that. I think that might be a feather in Steve Hamm's cap. I think he was very instrumental in getting some good results there for the consumer.
Q: I believe you would be a strong advocate for the consumer.
A: You could depend on that, sir.
Q: Any questions from the members of the committee?
Response: None
Q: Mr. Lesselbaum, again we appreciate your being here and appreciate your being willing to serve. It's not often that people are willing to sacrifice their time that it is necessary to serve in capacities such as this. We commend you for that. In the next several days we will release a report that defines as to who has qualified as candidates. You cannot seek commitments from any members of the legislature at this time or ask anyone to support you at this time,...
A: Yes, sir.
Q: ... until that has been released.
A: Now is that released through the press or directly to me or...
Q: We will inform you. Our staff will inform you and until it is actually reported on the floor of the house and the senate, you cannot seek commitments or support.
A: I understand that, sir.
Q: You are welcome, in the mean time, to write any letters that you want to members of the general assembly stating that you are a candidate and that you have gone through screening and that the report hasn't been released. You can introduce yourself to the members of the general assembly, around the buildings or at receptions and all that we have.
A: Yes, sir.
Q: You just can't ask cannot ask for commitments or support until that is filed.
A: I understand, sir.
Q: Do you have any questions of the committee?
Printed Page 3612 . . . . . Thursday, May 18, 1995
A: I believe that pretty well covers it. I do want to say that I appreciate thereafter opportunity of appearing before you and if I am appointed I assure you I'll do my best.
Q: It will be elected, of course, not appointed.
A: I'm sorry, I knew that. That procedure, that's a joint session of house and...
Q: That is correct.
A: I see.
Q: Thank you.
A: Thank you, very much.
Q: Good to meet you.
(OFF THE RECORD)

THE CHAIRMAN: Mr. Neeley, we appreciate your being here today. We appreciate your applying for this position and we have certainly have had a chance to look over your questionnaire some and all of the information that you provided. There are some formal questions that I need to ask you to begin with, that we've asked all the other candidates. And following that we'll probably open it to the committee to ask any other questions and you will have an opportunity to state anything to us you want to also. Before I ask you any question, I need to place you under oath. If you will raise your right hand for me please sir.
EDWARD NEELEY, being duly sworn testifies as follows:

Printed Page 3610 . . . . . Thursday, May 18, 1995
PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Edward B. Neeley

Home Address:

414 28th Ave. North #3

Myrtle Beach, South Carolina 29577

2. He was born 1/26/26 in Spartanburg, South Carolina. He is presently 69 years old. Social Security #***-**-****.

5. He was married May 12, 1951 to LaVerne B. Neeley.

6. Military Service: US Navy 1/44 to 4/45 - Fireman. Honorable - Medical was injured S.W. Pacific.

7. Education: USC 1943-1945. He left USC because he needed more commercial math. He graduated 1948 from Draughns Business College in Columbia, SC.

Printed Page 3613 . . . . . Thursday, May 18, 1995
9. Organizations: Elks Lodge 1771, Myrtle Beach, SC. Life member Disabled American Veteran's, Myrtle Beach, SC.

10 Chronological review of employment history:Commercial credit Corp. Baltimore, Md. - September 1948 retired May 31, 1986.

21. Five (5) letters of recommendation from Myrtle Beach:(1) E.S. Sinbaugh, (2) Ricky Browning, (3) Ms. Billie Johnson, (4) William Garvey, (5) Ron L. Paige, Southern National Bank.

MR. NEELEY BEING EXAMINED BY MR. COURTNEY:
Q: Mr. Neeley do you or any member of your family own or operate any business which contracts with the State of Federal government?
A: No, sir.
Q: Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A: No, sir.
Q: Have you ever been arrested, charged or held by Federal, State or other law enforcement authority for violation of State, Federal or local laws?
A: No, sir.
Q: Have you, to your knowledge, ever been under Federal, State or local investigation for possible violations of the criminal statute?
A: No, sir.
Q: Have you ever been disciplined or cited or breath of ethics or unprofessional conduct by any court or agency or association or professional group?
A: No, sir.
Q: Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A: No, sir.
Q: And do you know of any other legal reason that may cause you difficulty in performing the duties of this elected position?
A: I can think of none.
Q: Mr. Neeley, at this time we'd like to learn a little more about you and give you a few minutes and just tell us a little bit about your background. I know you come from a great place in South Carolina, that would be Spartanburg.
A: Yes, sir.

Printed Page 3614 . . . . . Thursday, May 18, 1995
Q: That just happens to be where I'm from. And I recognize your name. I know some Neeleys up there. The lumber business for one thing...
A: Mainly that's the N-E-E-L-Y-S. That separates me from the money ...
Q: Okay.
A: ... in Rock Hill and Denmark with the N-E-E-L-Y-S.
Q: If you would give us a little bit of background about yourself, what your experiences have been so that we can... why you're interested in becoming a member of the Consumer Affairs Commission and what your feel you can contribute to it.
A: Well, one thing I put on that application, I said I went to the University of South Carolina twice and I left because of lack of math. Well, I was a sixteen year old kid in '43 just out of Columbia High School. There was a war going on. And I was more hep on what I was going to do to get in service then and I had Furman Cannon my professor at the University twice in accounting which I did well in, but when it come to algebra and geography and Spanish, and I'm trying to get out of there and go fight a war I wasn't interested in that and when I came back, I was injured in the Southwest Pacific, I came back and I was discharged I think the day Roosevelt died in April 14th of '45. I went back to the University and it was still the algebra and the Spanish and everything, so I quit and went to Drawns Business College where it used to be on Sumter Street, the twelve hundred block, and I took a two year course and I finished it in eight months. And I had, I think, a ninety-six grade average in accounting and everything which that was what I liked. And right after that I went to work for Commercial Credit. The day after Labor Day, 1948. I started at the bottom at an outside representative. I worked myself up to assistant manager in Augusta, Georgia. I was the district sales representative for Greenville, assistant manager Columbia and Charleston, back into Greenville and I ended up being appointed as the regional operations manager for the Piedmont region which was over some of the offices from West Virginia down through the Carolinas. Then I was promoted to Baltimore as director of branch operations for the whole country. And I stayed there for about two years and they wanted me to clear up a bad situation in Chicago and I went there as a regional vice president and that took everything from Michigan to the Dakotas and then they moved me to Dallas which is the Southwest and then moved me back to Baltimore which I had everything from Baltimore
Printed Page 3615 . . . . . Thursday, May 18, 1995
to the Canadian border and then I came back to the Carolinas. I had a mother who had Alzheimer's and I don't have any family or anything, so I took over the State of South Carolina and then I retired May of 1986. I was also a member, when I was in Baltimore, of the executive committee of the National Consumer Credit Counseling Service. Served by people from Sears and Federated Stores, Montgomery Ward and everything and all these consumer credit counseling services that we have through the U.S. And I've dealt with the public. I knew several people. I Emery Hilton, director of the financial institutions. I know Steve Hamm, I've talked to him on a good many occasions. I talked to Ken Porter, I think, who now has his job.
Q: Why did you become interested in Consumer Affairs?
A: I feel that with my experience and everything the way I've picked up on the way this company operates, you know the people trying to take advantage of people and everything else, that I've got some experience that maybe I could help my fellow citizens in my last few years. That would be the only way I would want anything to do with it, if I couldn't help someone or be beneficial...
Q: Do you know anything about the agency itself, had any experience with that?
A: Not overly, too much. I know it's kind of to police to keep people from taking advantage of the citizens. All companies, I think telephone companies, I've seen a lot of Steve. Before I moved to Myrtle Beach he lived about four doors from me, but I haven't talked with him in, I'd say, the last eight or nine years. But I just thought that maybe I could do something to help.
Q: Any questions from members of the commission?
EXAMINATION BY MR. BAILEY:
Q: Mr. Neeley, I'm George Bailey. The latter part of last year the House and Senate put together a Consumer Finance Study Committee, an ad hoc committee to study... I notice you were with Commercial Credit for many, many years. From your letters you did a magnificent job. Did you sit any, by chance, any of the hearings that we had dealing with the consumer finance people, the latter part of last year and the first part of this year?
A: No.
Q: I was just wondering, your face looked familiar.
A: No.
Q: Okay, sir.
Printed Page 3616 . . . . . Thursday, May 18, 1995
A: I know when Emery Hempton was there and if I would see something that I didn't think was kosher, you know, going on and coming from out of state or something like that, I'd call up and have a little talk with him, Because I just don't approve of things like that.
THE CHAIRMAN: Any other questions from the committee?
Response: None
THE CHAIRMAN: Anything else, Mr. Neeley, you'd like to tell us about?
A: Well, I'm in good health. I was sixty-nine years old in January. I enjoy living in Myrtle Beach. I lived in Columbia a number of years. I've still got a house I want to sell here, but I enjoyed the work in the finance business. I enjoyed working with people. I've done sales, personnel, you name it. We have operations in ten or twelve states with a hundred and something offices and I've been president of I don't know how many corporations, state corporations, and everything. I was president of a bank and...
THE CHAIRMAN: Well, you're certainly well qualified as I see it and again, on behalf of the committee, thank you for applying, to begin with. It's hard to get people to get involved sometimes and sacrifice the time that's involved with something like this. You do understand that this is an elected position.
A: Yes.
THE CHAIRMAN: Elected by the general assembly. We will, in the next several days, issue a report of the committee citing the qualifications of everyone who has applied. Until that time, though, you cannot seek commitments from anyone in the Senate. You cannot ask for anybody's support. I want you to understand though that you are welcome to write any letters that you wish to, to members of the House and Senate telling them that you are a candidate, telling them your background and any information about yourself and that you've been through the screening, but you cannot ask for any commitment or any support from them. You certainly can roam the buildings here and introduce yourself to the members of the general assembly or attend any receptions that are held, anything like that that you want to do. Just understand that you cannot seek commitments or votes or support from anyone until the report is actually filed on the floor of the House and the Senate.
A: Right.
THE CHAIRMAN: Our staff will notify you when that will be. The election is May 25th.
Printed Page 3617 . . . . . Thursday, May 18, 1995
A: Right.
THE CHAIRMAN: And we hope to get this report out as soon as we can before then to give you ample time to seek a commitment and so forth.
A: I don't think you'll have any problem with me on that because I don't like to get involved with these groups. Everything you get in, you know, somebody's got a group here, something there, and it causes a lot of dissension. I just like to stay level right across the board and I'm a friend with everybody. I don't want to go against one and one against this or anything like this. It's just not my nature. I appreciate your inviting me up. Thank you.
THE CHAIRMAN: Thank you. Well, I appreciate all of you being here.
MR. BAILEY: Yes, sir.
THE CHAIRMAN: It appears to me that we have four good candidates and it's a matter who they want to vote for. I guess we do need a motion by someone...
MR. BAILEY: I make the motion to report all the four candidates as qualified.
MR. TROTTER: Second it.
THE CHAIRMAN: All in favor of that say, "Aye."
Response: Aye.
THE CHAIRMAN: Oppose, "No."
Response: None
THE CHAIRMAN: The aye's have it. The staff will prepare a report to that effect and we'll issue a copy to each of you before we release it the general assembly.
MR. BAILEY: Thank you, Mr. Chairman, good meeting.

Summary

The following persons were unanimously found qualified for vacancy No. 3 on the SC Consumer Affairs Commission:
Ms. Lillian C. Bloom
Mr. James H. Hinton
Mr. Harold R. Lesselbaum
Mr. Edward B. Neeley

Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese

Printed Page 3618 . . . . . Thursday, May 18, 1995
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, Jackson and Short of the Committee of Conference on the part of the Senate on S. 602:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS

Printed Page 3619 . . . . . Thursday, May 18, 1995
TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Very respectfully,
President

Received as information.

H. 3448--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3448:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
and asks for a Committee of Conference and has appointed Senators Moore, Lander and Waldrep of the Committee of Conference on the part of the Senate.

Very respectfully,
President

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