Printed Page 820, Feb. 27
| Printed Page 840, Feb. 28
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Printed Page 820, Feb. 27
| Printed Page 840, Feb. 28
| Amend the bill, as and if amended, page 2, Section 1, line 7, by striking the word /les/ and inserting the word /less/.
Amend the bill further, as and if amended, page 3, Section 3, by striking line 20 and inserting in lieu thereof the following:
/completed courses in surveying courses and mapping of not less than/.
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator McCONNELL, with unanimous consent, S. 741 was ordered to receive a third reading on Wednesday, February 28, 1996.
S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS'
On motion of Senator PEELER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
The Bill was made a Special Order.
H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
There was no objection.
Senator MOORE spoke on the motion.
On motion of Senator ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar.
On motion of Senator GIESE, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Clarendon County Delegation, the following appointments were confirmed in open session:
Reappointments, Clarendon County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:
The Honorable Bobby Ray Floyd, Route 1, Box 617, Lake City, S.C. 29560 VICE Bobby Ray Floyd (vacated per Section 22-1-10, D)
The Honorable James Dingle, Post Office Box 344, Manning, S.C. 29102 VICE James Dingle (vacated per Section 22-1-10, D)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles Calvin Tucker of West Columbia, S.C.
At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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 PRESIDENT Pro Tempore.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in the Gospel of St. John we read: (14:15-16)(NRSV):
"If you love me, you will keep my command-
ments. And I will ask the Father, and he
will give you another Advocate (Helper), to
be with you forever. This is the Spirit
of truth... "
Let us pray.
Our Father, we thank You for the revelation that the Spirit of Truth is the Holy Spirit.
Let Your Spirit be in our minds to guide our thoughts toward the truth.
Let Your Spirit be in our hearts to cleanse them from every evil and unclean desire.
Let Your Spirit be upon our lips, to preserve us from wrong speaking, and to help us by our words to commend that which is true to others... hearing each day the words, "If you love me, you will keep my commandments."
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin
Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington WilsonA quorum being present, the Senate resumed.
Senator REESE recorded his presence subsequent to the Call of the Senate.
TO: MEMBERS, THE SENATE OF SOUTH CAROLINA
FROM: COMMITTEE ON ETHICS
RE: OPINION 1996-2
DATE: FEBRUARY 27, 1996
The Senate Committee on Ethics has been asked to render an advisory opinion on the following question:
May a Member of the Senate of South Carolina deliberate, make motions pertaining to, offer amendments pertaining to, and vote on amendments and passage of legislation that affects political sub-divisions of the State of South Carolina in general if the Member's business or professional firm sells goods to or provides professional services to any political subdivisions of this state?
In answering this question, the Committee wishes to quote the following sections of The Ethics, Government Accountability, and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995:
"SECTION 8-13-740. Representation of another by a public official, member, or employee before a governmental entity.
(A)(1) A public official occupying statewide office, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except as otherwise required by law.
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) [Until July 1, 1995, subparagraph (c) of paragraph (2) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(c) [From and after July 1, 1995, subparagraph (c) of paragraph (2) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(3) A public member occupying statewide office, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law.
(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that county except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law.
(6) A public employee, other than those specified in items (4)and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) [Until July 1, 1995, subparagraph (c) of paragraph (6) of subsection (A) reads as follows:]in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(c) [From and after July 1, 1995, subparagraph (c) of paragraph (6) of subsection (A) reads as follows:] in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(7) The restrictions set forth in items (1) through (6) of this subsection do not apply to:
(a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the public official, public member, or public employee is appearing;
(b) representation by a public official, public member, or public employee in the course of the public official's, public member's, or public employee's official duties;
(c) representation by the public official, public member, or public employee in matters relating to the public official's, public member's or public employee's personal affairs or the personal affairs of the public official's, public member's, or public employee's immediate family.
(B) A member of the General Assembly, when he, an individual with whom he is associated, or a business with which he is associated represents a client for compensation as permitted by subsection (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities.
(C) A member of the General Assembly may not vote on the section of that year's general appropriation bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subsection (A)(2)(c) within one
SECTION 8-13-745. Paid representation of clients and contracting by member of General Assembly or associate in particular situations.
(A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.
(B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.
(D) The provisions of this section do not apply to any court in the unified judicial system.
(F) The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992."
And the following section of the Code dealing with Administrative Procedures:
"SECTION 1-23-310. Definitions.
As used in this article:
(1) "Agency" means each state board, commission, department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to determine contested cases;
(2) "Contested case" means a proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
To properly answer this question, we must determine if a political sub-division of the State of South Carolina is considered an agency of the state. Clearly, political sub-divisions are legal entities unto themselves created by the citizens of a given geographical area for general and specific governmental and special purpose needs. Black's Law Dictionary, Fifth Edition, defines a "political subdivision" as follows:
"A division of the state made by proper authorities thereof, acting within their constitutional powers, for purpose of carrying out a portion of those functions of state which by long usage and inherent necessities of government have always been regarded as public."
"SECTION 4-1-10. Division of State into counties; each county is a body politic and corporate.
The State of South Carolina is divided into forty-six counties. Each county is a body politic and corporate for the following purposes:
(1) To sue and be sued;
(2) To purchase and hold, for the use of the county, lands and personalty within the limits thereof;
(3) To make all contracts; and
(4) To do all acts in relation to the property and concerns of the county necessary thereto.
SECTION 5-1-10. Certificated municipalities and established township governments declared perpetual bodies politic and corporate.
All municipalities which have a certificate of incorporation issued by the Secretary of State and all township governments which have heretofore been established by act of the General Assembly are hereby declared to be perpetual bodies, politic and corporate and are entitled to exercise all the powers and privileges and are subject to all the limitations and liabilities provided for municipal corporations in this State.The incorporation or corporate capacity of any municipality or township government established heretofore by act of the General Assembly shall not be attacked in any court in this State except as hereinafter provided by statute.
SECTION 6-1-10. Power of political subdivisions to proceed under legislation dealing with bankruptcy or composition of indebtedness.
The consent of the State is hereby granted to, and all appropriate powers are hereby conferred upon, any county, municipal corporation, township, school district, drainage district or other taxing or governmental unit organized under the laws of the State to institute any appropriate action and in any other respect to proceed under and take advantage of and avail itself of the benefits and privileges conferred, and to accept the burdens and obligations created, by any existing act of the Congress of the United States and any future enactment of the Congress of the United States relating to bankruptcy or the composition of indebtedness on the part of the counties, municipal corporations, townships, school districts, drainage districts and other taxing or governmental units or any of them.
As we can see from the above-quoted sections of law, each and every political sub-division in South Carolina is an entity unto itself. However,
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| Printed Page 840, Feb. 28
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