South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate

Friday, March 26, 2010
(Local Session)


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 SCOTT.

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 4755 (Word version) -- Reps. Miller and Anderson: A BILL TO PROVIDE THAT THE SCHOOL DISTRICT OF GEORGETOWN COUNTY FOR FISCAL YEAR 2010-2011 MAY EXPEND FUNDS GENERATED FROM A GENERAL OBLIGATION DEBT BOND ISSUE FOR SCHOOL OPERATING PURPOSES, IN ORDER TO DEAL WITH A SHORTAGE OF SCHOOL OPERATING FUNDS, IF PERMITTED BY THE FEDERAL LAW APPLICABLE TO THE PARTICULAR TYPES OF BONDS ISSUED AND IF IT DOES NOT VIOLATE ANY PROVISIONS OF THE BOND INDENTURE APPLICABLE TO THE ISSUANCE AND SALE OF THOSE BONDS.

REPORT RECEIVED

The following was received:

Joint Consumer Affairs Screening Committee
2010 Report of Candidate Qualifications

Date and Time of Final Report: Noon on Tuesday, March 23, 2010

Members of the General Assembly are PROHIBITED from pledging their votes until Tuesday, March 23, 2010 at noon.

About the Report

This report contains the Committee's findings regarding the qualifications of applicants for the Consumer Affairs Commission. Each member of the General Assembly will be given a copy of this report for review and consideration. The Committee believes that this report will help members make an informed vote.

Committee Composition and Responsibilities

The Committee is comprised of eight members, four from the Senate and four from the House of Representatives. To fulfill its mandate, the Committee conducts an investigation of each applicant's professional and financial affairs, and holds a public hearing during which each applicant may be questioned on a wide variety of issues.

The JCASC's investigation includes (1) a State Law Enforcement Division background check; (2) a credit investigation; (3) a careful study of application materials, including a personal data questionnaire; and (4) further inquiry as the Committee considers appropriate.

Joint Consumer Affairs Commission Screening Committee

Senate Appointees:

Sen. Thomas Alexander, Ch.
Suite 402, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6220

Sen. Luke Rankin
Suite 508, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6132

Sen. William O'Dell
Suite 610, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6040

Sen. John Matthews
Suite 613, Gressette Building
Post Office Box 142
Columbia, S.C. 29202
803-212-6056

House Appointees:

Rep. F. Michael Sottile
306D Blatt Building
Columbia, S.C. 29201
803-212-6880

Rep. Walton J. McLeod
422B Blatt Building
Columbia, S.C. 29201
803-734-3276

Rep. Leon Howard
425 Blatt Building
Columbia, S.C. 29201
803-734-3046

Rep. Liston D. Barfield
522D Blatt Building
Columbia, S.C. 29201
803-734-2968

Joint Consumer Affairs Commission Screening Committee
Post Office Box 142
1101 Pendleton St., Gressette Building - Suite 410
Columbia, S.C. 29202

Director to Committee:         Mary L. Riley

803-212-6240

Executive Assistant:           Sarah S. Gilbert

803-212-6240

MR. HEWEY L. DIXON
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Dixon is 58 and lives in Columbia. He worked for the Employment Security Commission for 13 years. He is currently the building manager at the Jamil Temple Shrine.

LETTERS OF RECOMMENDATION
Mr. Robert C. Smith -- Former Personnel Director, SC Employment Security Commission
Mr. Jim Kinard -- Vice President, First Palmetto Savings Bank
Ms. Veronica Wright -- Former Co-worker, Columbia
Ms. Cinda Anderson -- Columbia
Mr. Richard Ames -- Former Employer, Chapin

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Dixon. The Committee met again on March 17, 2010.

Mr. Dixon was found QUALIFIED on March 17, 2010.

MR. CLIFFORD RAY KEASLER
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Keasler is 61 and lives in Surfside Beach. He worked as an officer for the SC Highway Patrol for 25 years. He also served in the Army National Guard from 1969-1998. He is currently the manager of Strand Storage Center.

LETTERS OF RECOMMENDATION
Ms. Christine Holmes -- Beach First National Bank, Surfside Beach
Mr. Steve Homitz -- Myrtle Beach
Mr. Ron Best -- Best Frames Plus, Myrtle Beach
Mr. John Kovalcik -- USMCR Toys for Tots, Myrtle Beach
Mr. Mike Yarborough -- Yarborough's Moving Service, Surfside Beach

FINDINGS
On March 17, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Keasler.

Mr. Keasler was found QUALIFIED on March 17, 2010.

MR. TERRELL A. PARRISH
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Parrish is 68 and lives in Greer. He is an engineer and is employed as a project manager by CMC Cary Engineering in Greenville, SC.

LETTERS OF RECOMMENDATION
Effie B. Dickey - First Savers Bank, Greenville
Mr. Brian C. Norton - CMC Cary Engineering, Greenville
Mr. E.E. Garvin - CMC South Carolina Steel, Greenville
Pastor Matt Matthews - St. Giles Presbyterian Church, Greenville
Mr. William E. Cary - Cary Consultants, Greenville

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Parrish. The Committee met again on March 17, 2010.

Mr. Parrish was found QUALIFIED on March 17, 2010.

MS. MAGALY PETERSEN PENN
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Ms. Penn is 60 and lives in Simpsonville. Ms. Penn has worked as a Diversity Resources Director for Burger King Corporation and BI-LO, LLC. She is currently a consultant for BI-LO, LLC in Greenville, SC. Ms. Penn is bilingual (English/Spanish).

LETTERS OF RECOMMENDATION
Ms. Tricia De Boer - Bank of America, Mauldin
Ms. Barbara League - League Manufacturing, Greenville
Ms. Jil Littlejohn - YWCA Director, Greenville
Mr. Ray Lattimore - Marketplace Staffing Services, Inc., Greenville
Judge Alex Kinlaw - Greenville

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Ms Penn. The Committee met again on March 17, 2010.

Ms. Penn was found QUALIFIED on March 17, 2010.

DR. LONNIE RANDOLPH JR.
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS

BACKGROUND
Dr. Randolph is 59 and lives in Columbia. He has been an optometrist since 1977. Dr. Randolph has served on the Consumer Affairs Commission since 1979.

LETTERS OF RECOMMENDATION
Ms. Leilani Southern - Bank of America, Columbia
Mr. Vince Ford - Palmetto Health Community Services, Columbia
Mr. Joseph M. McCulloch, Jr. - Law Offices of Joseph M. McCulloch, Jr., Columbia
Ms. Diane Sumpter - DESA Expectations, Columbia
Mr. Steven W. Hamm - Richardson Plowden, Columbia

FINDINGS
On March 17, 2010 the Joint Consumer Affairs Screening Committee met to screen Dr. Randolph.

Dr. Randolph was found QUALIFIED on March 17, 2010.

MR. JOHHNY E. SOSEBEE
CANDIDATE FOR COMMISSIONER
OF THE SOUTH CAROLINA DEPARTMENT
OF CONSUMER AFFAIRS

BACKGROUND
Mr. Sosebee is 68 and lives in Piedmont. Mr. Sosebee has worked in the Insurance field and was employed by the SC Reinsurance Facility until its elimination by statute in December of 2009.

LETTERS OF RECOMMENDATION
Ms. Melissa Gaines - Suntrust Bank, Greenville
Mr. Ken Peay - State Farm Insurance Companies, Greer
Mr. Mike Rogers - State Farm Insurance Companies, Greer
Mr. Wesley W. Lawton - Woodward Medical Center, Greenville
Mr. Patrick M. Slenski - Canal Insurance Company, Greenville

FINDINGS
On March 9, 2010 the Joint Consumer Affairs Screening Committee met to screen Mr. Sosebee. The Committee met again on March 17, 2010.

Mr. Sosebee was found QUALIFIED on March 17, 2010.

JOINT SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE
CONSUMER AFFAIRS COMMISSION
CONSUMER AFFAIRS COMMISSION SCREENING
Consumer Affairs Screening - 3/9/10
209 Gressette - 10:00 a.m.

Senator Alexander:   I appreciate members of the screening committee being present. I'll call this meeting of the Committee to Review Candidates for Consumer Affairs Commission to order. Staff, Ms. Riley and Sarah appreciate the good work you do. We will move into the purpose for being here and that is to screen the candidates. I'll ask you to come up one at a time, and first I'll call the one behind Tab 1 Hewey Dixon. If you would make sure that green light is on and stand there if you would and raise your right hand. I need to swear you before we start. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Hewey Dixon:     I do.
Senator Alexander:   Good, please be seated and briefly tell us about yourself and why you wish to serve on the Consumer Affairs Board.
Hewey Dixon:     I have had 13 years with the state as a state employee with the Employment Security Commission and through my private and public employment I have had vast interaction with consumers. I feel like that is the backbone of any economy is consumer's welfare. I think the Commission of the agency I'm applying with is vital to upholding the well-being of the consumer.
Senator Alexander:   Thank you. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time to the information you provided the staff earlier?
Hewey Dixon:     I have recently been employed as the building manager for the Jamil Temple Shrine.
Senator Alexander:   Congratulations, we will have the record reflect that. That's a great shrine there.
Hewey Dixon:     Yes it is.
Senator Alexander:   We have few questions here that we need to ask, and I'm going to ask Mary Riley to ask you these questions if you'll respond to them and then we'll open it up to any members of the Committee after completion of those.
Mary Riley:     Mr. Dixon, Do you know of any circumstances that would limit your service on this board or commission?
Hewey Dixon:     No, not at this time.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Hewey Dixon:     No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the consumer affairs commission department of consumer affairs?
Hewey Dixon:     No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Hewey Dixon:     No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Hewey Dixon:     No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Hewey Dixon:     No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Hewey Dixon:     No, I haven't.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Hewey Dixon:     No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Hewey Dixon:     No, there is not.
Senator Alexander:   Thank you, any questions from members of the review committee. Hearing none, we appreciate you being here. What our intention is to do is to have one member that is not going to be able to be here today. So, what we will do is issue our recommendations on all candidates once that individual is screened. We anticipate doing that one day next week. We will have staff notify you when that process has been complete so that you would know when it's permissible for you to seek commitments to the commission. You are welcome to stay or to leave either welcome, but we appreciate your being here with us this morning.
Hewey Dixon:     Thank you.
Senator Alexander:   Thank you. Let's go on to the next Clifford Ray Keasler, let the record reflect that he's the one that is not here today. Terrell A. Parrish, good to see you this morning. If you'll stand and let me swear you in. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Terrell Parrish:     I do.
Senator Alexander:   Please be seated. Briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Terrell Parrish:     First, thank you for the opportunity. My name is Terrell Parrish. I am a licensed structural engineer in the state of South Carolina as well as Georgia. I work for CMC Cary Engineering in Greenville, SC. Why do I want to be on the Consumer Affairs Commission? A few years ago I was living in Charleston, SC working for the Navy, and I had occasion to have an issue with a home warranty. I was unable to get satisfaction from the warranty company and I chose to go to the Consumer Affairs Commission. They were very professional, helped me a great deal, got my problem solved to my complete satisfaction. I've been impressed with that and now as I approach retirement age, I'd like to be able to give back something to the state and consequently to my children and grandchildren to hopefully make this a better place for them to reside.
Senator Alexander:   Thank you, I appreciate those comments. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been found to be complete with information requested and references they asked for. Are there any changes or additions that you wish to submit at this time?
Terrell Parrish:     No, sir.
Senator Alexander:   Ms. Riley has a few questions if you'll respond to those. If there are any questions, members, we'll take them after that.
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Terrell Parrish:     No, ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Terrell Parrish:     No, we do not. However, in the interest of full disclosure, I disclosed on there that I own a small amount of stock with CMC my employer and we will occasionally do design assignments or provide structural steel to some agency of the government.
Senator Alexander:   I would assume that is through the procurement bid process and everything that goes through that, so I believe we can have the record reflect that would be the case.
Terrell Parrish:     I did not think it was an issue but I wanted to absolutely sure.
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Terrell Parrish:     No, ma'am.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Terrell Parrish:     No, ma'am.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Terrell Parrish:     No, ma'am.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Terrell Parrish:     No, ma'am.
Senator Alexander:   Are there questions from members of the Committee. Thank you very much and I appreciate your willingness to serve. As I mentioned earlier, we will certainly notify you once this process has been completed and when you can start to garner commitments/pledges.
Senator Alexander:   Magaly Petersen Penn, Good morning, if you would stand and raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Magaly Penn:     I do
Senator Alexander:   Thank you, please be seated. Briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Magaly Penn:     I would like to first thank you for accepting me as a candidate for this position. My name is Magaly Petersen Penn. I live in Simpsonville, SC. I've been in SC for 21 years. I came down from NY with Michelin, and I work in corporate America for a little over 30 years. I retired about 2 ½ years ago. I was working at Bi-Lo as Chief Diversity Officer. When I retired, they asked me to stay on and do some consulting, so for the past 2 ½ years I have been doing consulting. I have time on my hands. I love to volunteer. I have been a volunteer in the Greenville area for the YWCA, the Phyllis Wheatley Association, the Greenville Symphony and several other business organizations. I have chaired a lot of those organizations. As a consumer I have read about the Consumer Affairs Commission. I think it's a great agency. It really serves a great purpose because consumers need that kind of advocacy to help them get through some of the red tape they have to and sometimes to work with corporate America.
Senator Alexander:   Thank you, Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references they asked for. Are there any changes or additions that you wish to submit at this time to the information you provided?
Magaly Penn:     None at all
Senator Alexander:   Ms. Riley if you will provide your questions.
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Magaly Penn:     No
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Magaly Penn:     No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Magaly Penn:     No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Magaly Penn:     No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Magaly Penn:     No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Magaly Penn:     No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Magaly Penn:     No
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Magaly Penn:     No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Magaly Penn:     None
Senator Alexander:   Thank you and your comments you mentioned the different things you are involved in. I know that the previous individual had said that they had had personal experience, a good experience, with the Consumer Affairs Commission. Have you had any personal experience or are you just aware of the great work that they do for the citizens?
Magaly Penn:     No, I haven't had any personal experience just aware the great works.
Senator Alexander:   They do a great job. Are there any other questions from members of the review Committee? Thank you for your willingness to serve and your being here this morning. Again, we will have staff notify you when we have completed this process, so that you can know when you can get commitments.
Magaly Penn:   Thank you very much.
Senator Alexander:   Staff is informing us that Dr. Randolph is also in the hospital. So I think you folk that are seeking to be on the commission need to be careful of this. We've got two of our candidates in the hospital, so we will obviously coordinate with both of those together for the sake of the commission. So that brings I would assume Mr. Johnny Edward Sosebee, Sr. Good morning, if you would stand let me swear you. Let me swear you. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Johnny Sosebee:   I do.
Senator Alexander:   Good, thank you sir and be seated. Please briefly tell us about yourself and why you wish to serve on the Consumer Affairs Commission.
Johnny Sosebee:   I am Johnny E. Sosebee, Sr. I have been in the Property and Casualty Insurance business for 46 years. Most of that has been with two companies, the MD Casualty bought out by Zurich in 1989 and then the last would be the SC Reinsurance Facility that was created by statute in 1974 and was done away by statute in December 31, 2009. I decided to take retirement in October 1, 2009. Since that time I just have been doing interior painting just trying to catch up on the honey-do list, lots of honey-dos.
Senator Alexander:   So you've caught up with those?
Johnny Sosebee:   No, I've got one more room. That's been quite a job. I've been living in the same house for 20 years, so it's got a lot of things to do. But in the reinsurance facility I believe I was able to save the drivers of this state approximately 20 million dollars in what is called the recoupment fees of not having carriers take back losses that shouldn't have been put in the facility because of the audits I performed on various companies in this state. I try to be fair to everyone, not only consumers but also to companies that I represent.
Senator Alexander:   Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time?
Johnny Sosebee:   Just in the last few weeks I have accepted just a part time consulting with this company that I worked with under contract with the Reinsurance Facility. It's called AIPSO out of Rhode Island. They perform audits on all the residual market mechanisms in 43 states, so I am going to be doing 3 audits a year. One week in Ohio, one week in New York and one week in New Jersey. I don't think there will be a conflict. In April it's the last week and in May and the last week in September/October. So it's just a three week. They assign you weeks at the beginning of each year.
Senator Alexander:   Well, congratulations on that. We have few questions that Ms. Riley needs to ask if you'll respond to those, please.
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Johnny Sosebee:   No
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Johnny Sosebee:   No
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the department of consumer affairs?
Johnny Sosebee:   No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Johnny Sosebee:   No
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Johnny Sosebee:   No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Johnny Sosebee:   No
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Johnny Sosebee:   No
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Johnny Sosebee:   No
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Johnny Sosebee: No
Senator Alexander: Thank you; do the members of the committee have any questions? Yes, the Senator from Abbeville and Anderson.
Senator O'Dell:     Mr. Sosebee, are you in Anderson County?
Johnny Sosebee:   Well, Piedmont is split between Anderson and Greenville. I live in Greenville County.
Senator O'Dell:     Okay, you're across the river then.
Johnny Sosebee:   Across the river and the post office has been moved back over to the Anderson side. It was over on the Greenville side until the last month they moved it back into Anderson county. Things are split up.
Senator Alexander to Senator O'Dell:   You represent that part?
Senator O'Dell:     I don't have Greenville County, I've got Anderson County.
Johnny Sosebee:   My wife has property down in Iva. She inherited land from her father, so it's split between Abbeville County and Anderson County.
Senator O'Dell:     It's beautiful country down there.
Johnny Sosebee:   It is Lots of deer and wild turkeys, cattle
Senator Alexander:   Thank you, Senator. Are there any other questions or comments from the members of the Committee? Hearing none, we thank you for your willingness to serve and again we will have staff notify you of the appropriate time that you can. So we will have two candidates that we will need to screen. We'll try our best to do this next Wednesday; we'll coordinate with House schedules and budget next week. You'll probably be ready for a break to do something like this, so we'll coordinate with y'alls schedules and then we'll have staff notify all candidates as to when it would be appropriate.

Consumer Affairs Screening - 3-17-10
3rd Floor State House Conference Room - 11:45 a.m.

Senator Alexander:   We will officially call this meeting of the Consumer Affairs Screening to order and proceed with two individuals that were not able to make the screening last week that we will screen today. The first on is Clifford Keasler, so if you will come forward we will ask you to speak up for our if you will stand and let me swear you in raising your right hand. Do you swear to tell the truth the whole truth and nothing but the truth so help you God?
Clifford Keasler:   Yes sir I do.
Senator Alexander:   Please be seated and I have 2 or 3 questions and then Ms. Riley will ask you a series. Again we are glad you are able to join with us today.
Clifford Keasler:   Thank you.
Senator Alexander:   Briefly tell us about yourself and why you wish to serve on the Consumer Affairs commission, please.
Clifford Keasler:   My name is Clifford Ray Keasler. I was born in Greenville, South Carolina I was with the SC highway patrol for 25 years retired also in the SC National Guard for 29 years, retired I know reside in Myrtle Beach, South Carolina where my wife and I manage a storage for the Heyward Companies. I have 2 children, both grown, 3 granddaughters. Why I want to be on the Consumer Affairs Commission is I feel I have tried to do my best for the state of SC all my life. I worked on the highway patrol and the National Guard. Being away from the public like this is really got me wanting to try to help do what I can and when I saw the advertisement in the paper I thought that it might be a good way for me to be of service to the people of South Carolina. I feel like I am a fair person and know how to evenly apply the law as I have done in the past and feel I have some common sense and all to bring to the Commission
Senator Alexander:   Mr. Keasler, you have provided Staff with your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete with information requested and references. Are there any changes or additions that you wish to submit at this time?
Clifford Keasler:   No
Senator Alexander:   Ms. Riley will have a few questions if you will answer those for her
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the Department of Consumer Affairs?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance? -- Not including traffic violations for which a fine of $200 or less was imposed.
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Clifford Keasler:   Yes, ma'am. I have filed for bankruptcy.
Mary Riley:     You have filed for bankruptcy, that's on your form.
Clifford Keasler:   That's on my form.
Mary Riley:     And explanation
Senator Alexander:   We'll let the record so reflect.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Clifford Keasler:   No, Ma'am.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Clifford Keasler:   No, reason whatsoever.
Senator Alexander:   Are there any questions by any members of the Committee?
Representative McLeod:   I would like to compliment him on his distinguished career as a trooper.
Clifford Keasler:   Thank you
Senator Alexander:   What district did you serve?
Clifford Keasler:   I was in district 2, Greenwood the whole time.
Senator O'Dell:     I thought I recognized your name.
Clifford Keasler:   I know Senator O'Dell.
Senator Alexander:   I hope he isn't known too well.
Senator O'Dell:     Excellent reputation
Clifford Keasler:   I appreciate your comments.
Senator Alexander:   We will and this will be for both candidates. We will again be notifying we have to do transcripts of the hearings from last week and this week. We will send out most likely letters and emails to notify when it will be appropriate for ya'll to seek commitments from members of the Georgia. It would not be appropriate it would be a violation of law prior to that notification.
Senator O'Dell:   Also we did this in screening with candidates prior they couldn't get any votes
Senator Alexander:   Exactly, thank you for that Senator O'Dell and we did that we told them we would notify them so all candidates will be notified at the same time regarding that matter.
Representative McLeod asks if as a trooper he went by Clifford or Ray.
Clifford Keasler:   Went by my initials CR. I go by Ray. My father was Clifford.
Senator O'Dell:     Motion favorable
Senator Alexander: Motion, hearing none, stand approved recommended favorable report. Again that is only by Committee as we get the transcripts done. I appreciate your willingness to serve and that your health is better and you were able to join us today
Clifford Keasler:   I want to apologize for not being here last week it was beyond my control
Senator Alexander:   We certainly understand that
Clifford Keasler:   Thank you very much. Happy St. Patrick's Day.
Senator Alexander:   Lonnie Randolph Jr., Good morning
Lonnie Randolph, Jr.: Good morning to all
Senator Alexander:   Stay standing and raise your right hand - do you swear to tell the truth the whole truth and nothing but the truth so help you God
Lonnie Randolph, Jr.:   I do
Senator Alexander:   Thank you sir, be seated. I have couple of questions and then Ms. Riley will have a few more. If you would briefly tell us about yourself and why you wish to serve on the Consumer Affairs commission or continue to serve as the case may be.
Lonnie Randolph, Jr.:   My name is Lonnie Randolph Jr. I have been in SC all of my life and I am a graduate of Dreher High School '68, Benedict College '72 and Southern College of Optometry '77 and have practiced optometry in SC for 34 years. I am still practicing on a part-time level but I still work. I am married no children. You asked me also about Consumer Affairs I have served I presently serve as chair person for the commission since 1979. May of 1979, and I have had the great experience with the Department and take my service very seriously. Very concerned about the agency and its role in representing the people of SC and I think I have had a great time/experience rather in doing that. and I don't 'like to brag but to show people my love and dedication is that in those 31 years I have missed 2 meetings. Every 2nd Tuesday at 2:00 o'clock, I'm at Consumer Affairs.
Senator Alexander:   Thank you for that service. Staff has received your Personal Data Questionnaire and Statement of Economic Interest form. They have been reviewed and found to be complete except for the one letter we discussed for the record. We need that letter on the reference before it will be complete. Of the information you have provided to this point Are there any changes or additions that need to be submitted?
Lonnie Randolph, Jr.:   No, I will make sure that that letter is...Ms. Dressler is the person's name that I have been trying to reach. I did try to reach her yesterday but she was in Greenville I will make sure that you have it as soon as possible
Senator Alexander:   We have to have that in hand before we can find you. Ms. Riley has some other questions
Lonnie Randolph, Jr.:   Okay
Mary Riley:     Do you know of any circumstances that would limit your service on this board or commission?
Lonnie Randolph, Jr.:   No, I don't.
Mary Riley:     Do you or any member of your family own or operate any business which contracts with state or federal government?
Lonnie Randolph, Jr.:   No one
Mary Riley:     Do you or any member of your family own or operate any business which receives state or federal funds from the Consumer Affairs Commission?
Lonnie Randolph, Jr.:   No
Mary Riley:     Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of the law, regulation, or ordinance?
Lonnie Randolph, Jr.:   No, I haven't.
Mary Riley:     Have you, to your knowledge, ever been under federal, state, or local investigation for possible violation of a criminal statute?
Lonnie Randolph, Jr.:   No
Mary Riley:     Have federal, state or local authorities ever instituted a tax lien or other collection procedure against you personally? Have you ever defaulted on a student loan? Have you filed for bankruptcy?
Lonnie Randolph, Jr.:   No bankruptcy, no student loan, taxes I have a late payment on some taxes and had a lien issue, but they did allow me to make monthly payments to take care of that.
Senator Alexander:   What year was that?
Lonnie Randolph, Jr.:   I think in 2007 or 2008 I'm not sure but somewhere in that area.
Senator Alexander:   So, has that tax lien been resolved?
Lonnie Randolph, Jr.:   I'm making payments; I'm continuing to make monthly payments on the...
Senator Alexander:   The tax lien is that on property or...
Lonnie Randolph, Jr.:   No, it is the department of treasury.
Mary Riley:     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency association, or professional group?
Lonnie Randolph, Jr.:   No, I haven't.
Mary Riley:     Are you now or have you ever been employed as a "lobbyist," or acted in the capacity of a "lobbyist's principal"?
Lonnie Randolph, Jr.:   No I haven't.
Mary Riley:     Are there any reasons you would have difficulty performing the duties of this job?
Lonnie Randolph, Jr.:   None
Senator Alexander:   Questions from members of the Committee?
Senator O'Dell:     Mr. chairman, how long did you say you had been on the board?
Lonnie Randolph, Jr.:   Since 1979, 31 years.
Senator O'Dell:     That's quite a while
Lonnie Randolph, Jr.:   I've enjoyed every minute of it
Senator O'Dell:     Good, you're doing a good job
Lonnie Randolph, Jr.:   We have my former administrator in the room today and I have had the honor of serving with every administrator that the department has had.
Senator Alexander:   Is that right?
Lonnie Randolph, Jr.:   Yes, it has been a very enjoyable experience
Senator Alexander:   Somebody have a question over here?
Representative McLeod:   I don't have a question but I would like to thank you for your leadership/service to the state and the citizens who live here. I've read a lot about you and enjoyed your career.
Lonnie Randolph, Jr.:   Thank you, Representative McLeod, Thank you.
Senator Alexander:   Again the record, we are waiting on one letter of reference we have to have to complete the application so I guess the appropriate motion to give someone I would entertain if somebody wants to make it is that he would be found favorable upon the completion of all the information staff needs to have a completed application
Senator Alexander:   Motion, Any objection to the motion. Hearing none, we have a favorable report. At this time for the record, we last week held off on making a motion on the other candidates that came before us we had them all in the same line. It was my understanding that we would entertain a motion today that the individuals screened last week. Did anyone have a problem with those candidates? Representative Barfield moves 2nd by Senator O'Dell from Abbeville that the candidates that were screened last week would be found qualified and again at the appropriate time will be notified by staff once the transcript has been submitted and may have to be published You will be notified as to the time you can seek commitments from members. Motion and a 2nd. Any objection on the other 4 candidates? Hearing none, they stand approved. Is there any other business to come before the screening committee? Hearing none, we stand adjourned. Thank you all for your attendance today.

CONCLUSIONS

Four Vacancies, At-Lg. Positions:
Hewey L. Dixon                           Qualified
Clifford Ray Keasler                       Qualified
Terrell A. Parrish                         Qualified
Magaly Petersen Penn                     Qualified
Dr. Lonnie Randolph Jr.                     Qualified
Johnny E. Sosebee                       Qualified

ADJOURNMENT

At 11:17 A.M., on motion of Senator CROMER, the Senate adjourned to meet next Tuesday, March 30, 2010, at 12:00 Noon.

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This web page was last updated on Tuesday, February 22, 2011 at 9:42 A.M.