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(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 at 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 under the provisions of this chapter. A person is considered a lobbyist's principal only as to the public office or public body to which he is authorized, pursuant to this chapter, a lobbyist to engage in lobbying."[1]

Section 2-17-10(1)(b)(iv) in relation to lobbyists and lobbying, states,

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

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

The committee, gave the above quoted code sections a thorough reading. We also contacted the South Carolina Trial Lawyers Association and at our request they provided for the committee a copy of the document entitled The Legal Resource Directory. They also provided for us copies of two memorandums dated February 6, 1995, from the association's executive director.

In examining the document entitled The Legal Resource Directory (hereinafter referred to as the document), we found that this is a sixteen page booklet listing attorneys from throughout the State who are members of the South Carolina Trial Lawyers Association (hereinafter referred to as the association). These attorneys are separated into twenty-seven various legal categories ranging from adoption to workers' compensation. The document also contains in it a letter from the association's president. The text of the letter is as follows:

"Dear Legislator:

This complimentary publication was compiled, printed and provided to you as a public service by The South Carolina Trial Lawyers Association.

We are aware that each year serving in the Legislature becomes more and more time consuming, and that you are expected to deal with hundreds of bills. Members of our association have agreed to offer their services, free of charge, to help in objectively answering your questions or assist in drafting legislation.

We encourage you to use this Legal Resource Directory and avail yourself of their assistance.

Sincerely,
/s/Samuel L. Svalina
President"

The two memorandums of February 6, 1995, are printed on the association's stationery and are from the association's executive director. The text is as follows:

Each year serving in the Legislature becomes more time consuming. You are expected to deal with hundreds of bills, some of which are often quite technical and involved. The South Carolina Trial Lawyers Association would like to help you with this process.

Members of our association have agreed to offer volunteer objective legal opinions on issues ranging from contracts to education to family law. They can answer questions on how a bill might impact the Code or offer assistance in drafting legislation.

We hope you will pick up the enclosed Legal Resource Directory and ask one of our attorneys to help. The attorneys listed have volunteered to participate and offer their help to you free of charge. They have also agreed to offer only legal opinions and not to `lobby' you on any of the issues.

Please let me know if you have any questions. I hope this is helpful to you.

LMF/ls

Enclosure"

"MEMORANDUM
TO: Participants in the Legal Resource Directory
FROM: Linda M. Franklin/s/
RE: The 1995 Directory
DATE: February 6, 1995

Many thanks for your participation in the Legal Resource Directory. The finished product turned out quite well. Enclosed is your copy.

Please advise your staff that you have volunteered for this important project so they may promptly inform you of calls from legislators. Remember it is important that you do not attempt to lobby or influence a legislator's position when he/she contacts you. Objective opinions will help maintain the integrity of this service.

Once again, thanks for your participation.

LMF/ls

Enclosure"

From examining these memorandums and the document, we can see that the intent of the association is clearly not just to provide a listing of its

In researching this question we should first determine if a legal research service is a "thing of value" as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991.

As quoted above, Section 8-13-100, says in part:

"(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;

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

At the outset we can dismiss any claim that the document and the service provided its by producer falls in the preview of 8-13-100(b)(i) or (ii).

We can, however, determine that this document and the service provided by its producer can arguably be sanctioned under 8-13-100(b)(iv), "educational material." We can also determine that those individuals, even though they are members of the association and the association is a lobbyist's principal, preforming this service can arguably fall under the definition of "Lobbyist does not include," found in Section 2-17-10(13)(d), which reads as follows:

"(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation"

Coupling the above quoted code sections along with the facts submitted to the committee by the association, in which they state in their memorandums to their "Participants" and to "Members of the South Carolina General Assembly" the following two quotations:

as to the memorandum to "Participants,"

"Remember that it is important that you do not attempt to lobby or influence a legislator's position when he/she contacts you. Objective opinions will help maintain the integrity of this service."

as to the memorandum to "Members of the South Carolina General Assembly,"

"They have also agreed to offer only legal opinions and not to `lobby' you on any of the issues."

We should also add that in keeping with our thought process from previous Opinions of the Committee on Ethics, namely Opinion 1992-4, PART IV, PART V and PART VI (a copy of which is attached to this opinion for your reference). We must reach the determination that this service is allowable under The Ethics, Government Accountability, and Campaign Reform Act of 1991.

In debating and passing The Ethics, Government Accountability, and Campaign Reform Act of 1991, we feel that the General Assembly did not have as its intent the silencing of members or of the public in any relationship, whether they are lobbyists, lobbyists' principals, members of organizations that may or may not employ a lobbyist, or citizens. We must assume that in all cases similar to this one, members will always seek guidance, input, thought and opinion from a variety of sectors. This right cannot be tampered with by any law that the General Assembly passes nor can it be tampered with by any opinion of this committee. We will not seek to abridge this most basic right.

We conclude that this service, and any similar to it, is allowable and the members may accept this type of service, so long as it is in conjunction with their legislative duties. We also determine that members who accept this service do not have to report the acceptance of this service or any dollar amount associated with the acceptance of this service on their annual Statement of Economic Interest or on their quarterly Campaign Disclosure Form.

We caution members, however, that the offering or accepting of a free legal or professional service for personal or personal business reasons, because a person is a Member of the Senate of South Carolina, would be viewed differently.

On motion of Senator LEATHERMAN, with unanimous consent, ordered printed in the Journal.

TO: The Clerk of the Senate

The Clerk of the House
FROM: Edward E. Saleeby, Chairman

Jt. Legislative Screening Committee to Review Candidates for the SC Employment Security Commission
DATE: November 6, 1995

Respectfully Submitted,
/s/Senator Edward E. Saleeby, Chairman
/s/Rep. Lewis R. Vaughn, Vice Chairman
/s/Senator Larry A. Martin
/s/Senator Darrell Jackson
/s/Senator John R. Russell
/s/Rep. John L. Scott, Jr.
/s/Rep. William D. Smith
/s/Rep. Daniel T. Cooper

The Screening Process

Pursuant to Chapter 19 of Title 2 of the 1976 Code of Laws, as amended, this Committee has considered the qualifications of candidates seeking election to the office of Commissioner of the South Carolina Employment Security Commission.

The Committee's report includes the Transcript of the Proceedings before the Screening Committee on October 4, 1995. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits; these exhibits were reviewed and considered by the Committee in making its findings. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Senate Clerk (Room 401 of the Gressette Building).

Sen. Edward E. Saleeby, Chairman
Rep. Lewis Vaughn, Vice Chairman
Sen. Larry A. Martin
Sen. John R. Russell

The meeting of the Joint Legislative Committee to Screen Candidates for Vacancies on the South Carolina Employment Security Commission, at The Gressette Building, Room 105, Columbia, South Carolina on the 4th day of October, 1995 before Jennifer L. Lester, Court Reporter and Notary Public in and for the State of South Carolina.

Sen. Edward E. Saleeby, Chairman
Rep. Lewis Vaughn, Vice Chairman
Sen. Larry A. Martin
Sen. John R. Russell (For a portion)
Rep. John Scott
Mr. Kenneth Davis, Attorney
Frank Caggiano, Staff for Committee

Mr. John E. Bonaparte, Jr.
Rep. C.D. Chamblee
Mr. Samuel R. Foster
Mr. J. William McLeod
Ms. Kathleen Riley
Mr. Joseph B. Rosen
Mr. John J. "Bubba" Snow, Jr.
Rep. Carole C. Wells

1. Mr. John E. Bonaparte, Jr.

Home Address:

Oriole Circle

Roue 3, Box 203

St. Matthews, SC 29135

3. EDUCATION: Attended Orangeburg-Calhoun Technical College, Orangeburg, SC, Business, 1990-1991 (Did not return after departure session); Attended Benedict College, Columbia, South Carolina, CEAP Program Project, 1967-1968.

4. EMPLOYMENT: Bi-Lo Inc. - County Government (Town Council), Elected 1983 - 1993; Orangeburg, SC, 1987 to present; Corbitt's Meat Market - Cayce, SC, 1981-1985; Harris Teeter - Columbia, SC, 1977-1981; Edisto Red & White - Orangeburg, SC, 1977, 6 months; A & P Food - Columbia, SC, 1970-1977; Orangeburg Garment Co. - Orangeburg, SC, 1969-1970; Horsemen Dolls Inc. - Cayce, SC, 1968 Summer & Fall; Utica Tool - Orangeburg, SC, 1965-1967, 19 months.

5. FIVE (5) LETTERS OF RECOMMENDATION: Mr. Julian H. Fair, Mr. John G. Felder, Mr. David K. Summers, Mr. Harold L. Carson, and Mr. Clarence V. Lebby.

JOHN E. BONAPARTE, JR., being duly sworn, states as follows:
CHAIRMAN: Mr. Davis, here, is our staff attorney and he has a few questions he might review with you.
MR. DAVIS: Good morning.
A: Good morning.
Q: The questions I have are in relation to the personal data questionnaire and the statement of economic interests that you submitted. The first question I have is, question six asks you to list each college and graduate school that you attended including the dates of your attendance and any degrees you might have received, and whether you left the institution without graduating and any reason for that. And I think, you list some attendance at Benedict College for a period of time, but you don't list when you graduated or received a degree.
A: Okay. During the time I was at Benedict College back in the 60's I was in a special program called College Education Achievement Project. It was a two year program. From that program, you could enroll into the regular school curriculum. I did not. I didn't bother to go back.

Mr. C. D. Chamblee
Home Address: Business Address:
1705 Busby Road100 South Main Street
Anderson, SC 29624 Anderson, SC 29624

1. He is married to Mrs. Marian Bratcher Chamblee. They have four children: Cary Daniel Chamblee, Jennifer Elizabeth C. Renado, Timothy David Chamblee, and Mark Eugene Chamblee.

2. EDUCATION: Boyd High School, 1945; Attended Clemson University, 1945-1948 (left due to getting married and buying a farm).

3. EMPLOYMENT: Self-employed, Owner and Operator of Public Well Farms, 1948 to Present.

4. PUBLIC OFFICES HELD: Elected to SC General Assembly in 1977; Defeated one term in 1982 to 1984; Re-Elected in 1984 and serving since.

5. CORPORATE OFFICERSHIP & OWNERSHIP: Partner in Public Wells Farms (involved in general farming, cattle and grain operations).

6. MONEY SPENT FOR CANDIDACY: Stamps for letters to General Assembly.

7. PROFESSIONAL & CIVIC ORGANIZATIONS: Director, Farm Bureau (Member - 30 years); Vice President, Lions Club (Member - 22 years);

8. FIVE (5) LETTERS OF RECOMMENDATION: Representative Ronald P. Townsend, Mr. Marion H. O'Barr, Mr. J. R. McClure, Ms. Jill Sanders, and Ms. Linda Gilliland.

C.D. CHAMBLEE, being duly sworn, states as follows:
CHAIRMAN: Mr. Chamblee, our counsel has a few questions to ask you.

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