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Indicates Matter Stricken
Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 9th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, hear the words written in the Book of Exodus, Chapter 14 (v. 15)(RSV):

"The Lord said to Moses,...

`Tell the people of Israel to go forward.'"
Let us pray.

Heavenly Father, who spoke to Moses, we thank You for the half century of faithful service to his people and our State by Your servant, Marshall Williams, recently laid to rest in the soil of Orangeburg.

Grant, we pray, to those upon whom the mantle of his responsibilities will fall a full measure of sensitivity, insight, wisdom, acumen and skills in consensus-building in the process of decision making within our state government.

"Our Father, Who art in heaven, Hallowed be Thy

Name, Thy Kingdom come, Thy will be done, on earth

as it is in heaven. Give us this day our daily

bread; and forgive us our trespasses, as we

forgive those who trespass against us; and lead

us not into temptation but deliver us from evil.

For Thine is the Kingdom, and the power, and

the glory, forever and ever." Amen.

July 7, 1995
The Honorable Robert L. Peeler
Lieutenant Governor, State of S.C.
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President:

I hereby submit my written irrevocable resignation from the office which I hold as a member of the South Carolina State Senate, representing District 6, Greenville County.

Pursuant to the provisions of the Code of Laws of South Carolina, 1976, as amended, Section 8-1-145, I hereby specify that this irrevocable resignation shall be effective on December 31, 1995.

I have timed this resignation so that the election to fill this vacancy will coincide with other elections which will be taking place in Greenville on the same dates.

It has been my pleasure and a distinct honor for me to be able to serve as a member of the South Carolina State Senate and under your leadership for this past year.

Truly yours,
H. SAMUEL STILWELL

December 18, 1995
Mr. Frank Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202

Dear Mr. Caggiano:

Under date of December 11, 1995, the State Election Commission certified to this office the results of the election of Senate District Six held in Greenville County on November 7, 1995. The certification shows that Honorable Mike Fair has been elected Senator for Senate District Six.

I, therefore, certify that Honorable Mike Fair has been elected as Senator for Senate District Six for a term as prescribed by law.

Yours very truly,
Jim Miles
Secretary of State

January 8, 1996
The Honorable Robert L. Peeler
Lt. Governor
c/o The Clerk's Office
401 Gressette Building
Columbia, S.C. 29202

Dear Lt. Governor Peeler:

A study committee was created in Section 59 of H. 3096 (the 1995 crime bill) to study mandatory minimum sentences, alternative sentences for nonviolent offenders, and anti-recidivism methods for first time nonviolent offenders. The section also provided that a report be made to the General Assembly on the first day of the 1996 Legislative Session.

The committee members are: Attorney General Charles Condon, Senator Donald Holland (Ch), Senator Glenn McConnell, Senator Darrell Jackson, Representative Morgan Martin, Representative John Knotts, and Representative Ronald Fleming.

The committee met on Wednesday, December 13, 1995. Ashley Harwell-Beach, Director of the Sentencing Guidelines Commission

The subcommittee met on Thursday, December 21, 1995. General Condon presented his proposal, and Jeff Moore with the Sheriff's Association and Robert Croom with the Association of Counties presented statistical information on the dynamics of the county jails. Both associations stress costs as their main concern. Other concerns that were raised include inmate labor vs. private contractors and the adverse impact on designated facility work which is currently being performed by contract with inmates who have special skills. In response to the concerns over the dynamics of the county jails, General Condon offered a second proposal: any offender charged with a violent crime must be tried within six months.

The subcommittee continues to study the issues of inmate work camps and speedier disposition of cases. More information on these issues is forthcoming, and the subcommittee will report its findings to the study committee in the near future. The study committee will continue to report its progress to the General Assembly pursuant to the directive in Section 59 of H. 3096.

Sincerely,
DONALD H. HOLLAND

TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: HUGH K. LEATHERMAN, SR.

CHAIRMAN, COMMITTEE ON ETHICS
DATE: JANUARY 2, 1996
RE: 1995 OPINIONS

These opinions represent two questions that were officially asked of the committee during the preceding year.

I hope you will find them informative and helpful. Please remember that the Committee on Ethics is here to answer any questions you may have in relation to the ethics laws of our State. We are more than happy to assist any member, anytime.

I wish to each of you and yours a very Happy New Year.

TO: MEMBERS, SOUTH CAROLINA SENATE
FROM: SENATE ETHICS COMMITTEE
DATE: FEBRUARY 7, 1995
RE: OPINION 1995-1

The Senate Ethics Committee has received the following questions that we feel should be answered through this opinion:

First, is there any prohibition against elected officials participating or hosting a dinner to benefit a non-profit corporation? Second, several businesses have indicated an interest in sponsoring this event. Is there any prohibition against a business sponsoring an event to honor an elected official? Third, can donations from lobbyists' principals be accepted? All donations will be made directly to the non-profit corporation.

In answering these questions, the committee feels that it is necessary to remind members of the definitions of "Anything of value", and "Lobbyist's principal", as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991:

"SECTION 8-13-100. Definitions.

As used in Articles 1 through 11:

(1) (a) "Anything of value" or "thing of value" means:

(i)a pecuniary item, including money, a bank bill, or a bank note;

(ii)a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;

(iii)a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(iv)a stock, bond, note, or other investment interest in an entity;

(v)a receipt given for the payment of money or other property;

(vii)a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(viii) a loan or forgiveness of indebtedness;

(ix)a work of art, an antique, or a collectible;

(x)an automobile or other means of personal transportation;

(xi)real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;

(xii)an honorarium or compensation for services;

(xiii) a promise or offer of employment;

(xiv) any other item that is of pecuniary or compensatory worth to a person.

(b) "Anything of value" or "thing of value" does not mean:

(i) printed informational or promotional material, not to exceed ten dollars in monetary value;

(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;

(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;

(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;

(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;

(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or

(vii) a campaign contribution properly received and reported under the provisions of this chapter."

Section 2-17-10(14) defines a "Lobbyist's principal" as follows:

"`Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report

The Ethics Act was written in part to distance members from possible conflicts of interest between them and lobbyist and lobbyist's principals. The Ethics Act was not written to prohibit members from engaging in the normal day to day activities of highly involved community service. The committee understands, and through previous writings reveals it's opinion[2], that membership in the Senate of South Carolina should not close the door on community involvement, in fact in most all cases, members see a rapid increase in their donation of time and resources to many community service organizations.

To answer the first question presented in this opinion, we say there is no prohibition against elected officials participating in or hosting a dinner to benefit a non-profit corporation.

Participating in or hosting a function to benefit a non-profit corporation is a longstanding function of elected officials and especially Members of the Senate of South Carolina. The public of this State expect, and in

_________________________
[1] This definition of a "Lobbyist's principal" recently became law on January 12, 1995.

[2] The Senate Ethics Committee Opinions 1993-4 and 1993-7, guide members as to what is acceptable use of campaign funds; in particular we point to the thought process of the committee as it discussed in these opinions how members are often asked to donate money to various groups that they would not ordinarily be asked to donate to, were it not for their elected position. The committee feels that these opinions, though they do not deal with the questions presented in this Opinion, 1995-1, speak volumes as to the proper conduct of members concerning community involvement and charitable work. We further direct members to Senate Ethics Committee Opinion 1993-6, which deals with members being appointed to serve on the Trident Region's Better Economic Solutions Together(B.E.S.T.) Policy Committee; a committee created by Executive Order. The B.E.S.T. committee membership was allowed by the committee. Even though this opinion dealt with separation of powers, the thought process of the committee is clear, members' involvement in community affairs increases from the date of election to this body and should not be hampered.

The second question presented can be answered with a qualified no. Businesses can financially and through in-kind contributions, sponsor an event that honors a member.

This is also a longstanding tradition. Members are recognized for their many years of involvement to the community or particular groups of the community with events like a banquet. In many cases, the group wishing to honor the member seeks corporate sponsorship of such events. In most cases, as is in the one presented in this question, the proceeds derived from the event are donated to a non-profit corporation or charitable organization. We see nothing that would prohibit a member from being so honored nor do we find anything that would prohibit other members from participating in organizing such events.

We do, however, caution the members to be aware of Section 8-13-100(1)(b) and 8-13-100(b)(iii) which reads as follows:

"(b) `Anything of value' or `thing of value' does not mean:

(iii) a personalized plaque or trophy with a value' that does not exceed one hundred fifty dollars"

Therefore, members being so honored should not accept an award that exceeds the threshold of one hundred fifty dollars.

The third part of this question deals with the acceptance of financial donations from lobbyists' principals to an event that is being hosted by members to honor a member, while the proceeds from the event will be donated to a non-profit corporation or charitable organization.

A lobbyist's principle is not prohibited from donating to this type of event, nor are members prohibited from participating in this type of event. A thorough reading of the Ethics Act does not prohibit members from engaging with lobbyists' principals in events or activities as described in this series of questions. Community involvement, and the giving of time and resources to non-profit corporations and charitable organizations is deemed a proper function of members and of corporate citizens.

Members are cautioned, however, that the soliciting of contributions for such an event should be made directly to the lobbyist's principle and not the lobbyist. The appearance of any contact with a lobbyist concerning such donations should be avoided. Members are reminded that in all cases, the activities of individual members must meet both the spirit and

TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: HUGH K. LEATHERMAN, SR., CHAIRMAN

COMMITTEE ON ETHICS
DATE: MARCH 21, 1995
RE: OPINION 1995-2

The Senate Committee on Ethics has received the following question that we feel should be answered through this opinion:

Can a document entitled The Legal Resource Directory be given to Members of the Senate by the South Carolina Trial Lawyers Association.

In answering this question, the committee feels that it is necessary to remind members of the definitions of "Anything of value", and "Lobbyist's principal", as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991:

"SECTION 8-13-100. Definitions.

As used in Articles 1 through 11:

(1) (a) "Anything of value" or "thing of value" means:

(i)a pecuniary item, including money, a bank bill, or a bank note;

(ii)a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;

(iii)a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(iv)a stock, bond, note, or other investment interest in an entity;

(v)a receipt given for the payment of money or other property;

(vi)a chose-in-action;

(vii)a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(viii) a loan or forgiveness of indebtedness;

(ix)a work of art, an antique, or a collectible;

(x)an automobile or other means of personal transportation;

(xi)real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present,

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