Journal of the Senate
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 2860, May 18 | Printed Page 2880, May 18 |
Printed Page 2870 . . . . . 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.

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.

Printed Page 2871 . . . . . Thursday, May 18, 1995
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.
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
Printed Page 2872 . . . . . Thursday, May 18, 1995
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 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
Printed Page 2873 . . . . . Thursday, May 18, 1995
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.
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.
Printed Page 2874 . . . . . Thursday, May 18, 1995
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.
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."
Printed Page 2875 . . . . . Thursday, May 18, 1995
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
/s/Senator Dick Elliott
/s/Representative George Bailey
/s/Representative James N. Law
/s/Representative Teddy N. Trotter
/s/Representative Lucille S. Whipper

(On motion of Senator COURTNEY, with unanimous consent, ordered printed in the Journal.)

Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR

Printed Page 2876 . . . . . Thursday, May 18, 1995
RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 3037--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 18, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Very respectfully,
Speaker of the House

On motion of Senator WILLIAMS, the Senate insisted upon its amendments to H. 3037 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators GLOVER, ROSE and STILWELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Printed Page 2877 . . . . . Thursday, May 18, 1995
Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING

Printed Page 2878 . . . . . Thursday, May 18, 1995
FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 18, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Spearman, Koon and Witherspoon of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 18, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND

Printed Page 2879 . . . . . Thursday, May 18, 1995
TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Doctor of the Day

Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.

RECALLED

H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 855 -- Senators Thomas, Wilson, Courtney, Ryberg, Waldrep, Peeler, Gregory, Giese, Martin and Richter: A BILL TO AMEND TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 33 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S

Printed Page 2880 . . . . . Thursday, May 18, 1995
SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING IN ORDER TO CREATE OR IMPLEMENT AN AFFIRMATIVE ACTION PROGRAM.

Read the first time and referred to the Committee on Judiciary.

| Printed Page 2860, May 18 | Printed Page 2880, May 18 |
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