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 13th 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:

Dearly beloved, when the Pharisees and the Herodians asked Jesus about taxes, He answered them in words recorded by Matthew (22:1), and Mark (12:17) and Luke (20:25), challenging the ages of humankind:
"RENDER THEREFORE TO CAESAR THE THINGS THAT ARE CAESAR'S AND TO GOD THE THINGS THAT ARE GOD'S."
Let us pray.
Our Father, we know that we live under two kingdoms: the Kingdom of man (the Constitution) and the Kingdom of God.
These loyalties come together in our hearts. Help us to be loyal to both, in the spirit of St. Augustine when he said,
"Nothing conquers except truth;
the victory of truth is charity."
We pray and serve in the Name of Him Who taught us to pray together:
"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!

On motion of Senator DRUMMOND, the order of business for the organization of the Senate was established as follows:

1. Call to order by the PRESIDENT
2. Prayer
3. Pledge of Allegiance
4. Reading of the Communication from the Secretary of State - Administration of the Oath by the President Pro Tempore
5. Remarks and Motions by the President Pro Tempore
6. Organization
a. Members select seat assignments
b. Members select committee assignments
7. Regular Order of Business

1122 Columbia Avenue
Lancaster, PA 17603
January 5, 1998

To the Clerk and Members of the South Carolina Senate:
Your kind and thoughtful expression of sympathy
is deeply appreciated and gratefully acknowledged.
"My brother, Glenn, joins me and our family in thanking all of you for the spray of white Casablanca lilies and roses. It was beautiful.
There is great comfort in knowing that all of you cared.
Thank you again for remembering us in our sorrow. We all wish you a happy and healthy '98."

/s/Millie McConnell Moore

Mr. Frank Caggiano
Clerk of the Senate
P. O. Box 142
Columbia, SC 29202

Members of the Senate:
The State Election Commission has certified to this office those members of the Senate of South Carolina which were elected in the general election held on November 4, 1997.
The members are hereby certified as set forth in the attached pages as the duly and properly elected members of the Senate, all of which are duly certified.

Sincerely,
/s/Jim Miles
Secretary of State

District 28         Dick Elliott           Democrat
District 29         Edward Saleeby         Democrat
District 31         Hugh K. Leatherman     Republican
District 32         John Yancey McGill     Democrat
District 34         Arthur Ravenel, Jr.     Republican
District 37         Larry Grooms         Republican
District 38         Bill Branton           Republican
District 44         Bill Mescher           Republican

On motion of Senator DRUMMOND, with unanimous consent, the Senators presented themselves at the Bar and the oath of office was administered to the Senate.

Senator DRUMMOND, President Pro Tempore, was recognized to address remarks to the Senate as follows:

Mr. President, Ladies and Gentlemen of the Senate, Good Afternoon and welcome back.
Let me start by telling you something that you've heard as many times as you have been sitting in one of these seats when the opening gavel falls. It's going to be a difficult year for the General Assembly. And you know what, it's always a true statement.
It's a true statement because we live in a complex and dynamic world and we cannot predict the future, as hard as we may try. But that is the environment in which opportunity and consensus find the most favorable conditions.
Our friends and neighbors send us here to set priorities, to make the tough decisions, and to find solutions for the problems which confront us. Most importantly, when we cannot find or agree on a solution, they expect us to continue to try and individually and collectively give our very best effort.
With this being an election year, there can be the temptation to create an issue where none exists or to confuse our priorities for the sake of a campaign; we must all avoid this course. We must concentrate on the people's business, in all of the senses we individually define that term.
Some folks think the people's business is cutting taxes and reducing the size and level of government services and activities. We've done more than our share of that lately. Property Tax Relief: that will hit nearly $230 million this year and we'll need another $55 million or so to cover the cost of reductions and exemptions we've previously enacted.
You are already hearing, and you'll hear more, about removing the property tax on cars and other personal property. Some say it has heavy support, but I'm not sure. I am sure though that the price tag for this cut is heavy - over a proposed 8-year phase-in it is nearly $900 million.
These issues are important and in the minds of a number of members, capture the top spots on the agenda of the people's business.
Others of us would establish that list a little differently. We might focus on the condition of our state's school houses... or the scarcity of nursing homes' beds... or our highways. Some of us are worried that 1 out of every 10 classrooms in our State is a temporary portable unit. Some of us are worried that nearly 1,000, if not more, of our frail and elderly citizens cannot get nursing home beds. [and no wise cracks about who that may help in this body!!] I don't know of a one of us not
seriously concerned about the multi-hundred million dollar price tag in deferred maintenance at our colleges and universities.
All of these problems have a common and key ingredient in forming a solution - money, hundreds of millions of dollars. Some of you may by now be thinking - there's ole white haired John Drummond - one of the last great tax and spend so and so's.
Then some of you, like my friend the Senator from Charleston, Senator Ravenel, he may be thinking about every time he rides over that 70-year-old bridge across the Cooper River and what it will take to make it safe. You know, Senator, back in the old days we used to call a project like that a public works project. I know because I used to be Chairman of the Board of Public Works in Ninety Six for a number of years.
But now, we know these necessary public works have a new fancy name - we call them infrastructure needs. While they have a different name, they still require massive capital to undertake and complete. Senator Courson knows. He co-chaired the Special Joint Infrastructure Committee which found that our needs over the next 2 decades exceed $50 billion.
Many people believe infrastructure is the most important item of the people's business. Others [Senator from Lexington, Senator Setzler] put education at the top. ---Did you know that the Property Tax Relief Fund has enough money in it to pay for Dr. Neilson's recommendation on class size (15 to 1), guidance counselors and technology training - and leave almost $40 million on the table. ---- At any rate there are others, health care, safe guarding our natural resources - the list gets long. And of course there are those - as I said earlier - who will put more tax cuts at the top.
We will debate these and many more issues and their relative priority for the rest of this session. My purpose in rising today is to ask you - to urge you - to join me in assuring the people we serve - that each of the truly important issues gets a full and deliberative hearing in this body.
This institution provides a permanent home for open and vigorous debate [sometimes heated debated] for the serious issues of the moment. It is, for example, the place where full-day kindergartens were made a reality and given the foundation funding to become a centerpiece in our support for education. I am proud of this body for making and standing behind that decision.
Let's continue to think and act in a way commensurate with the tasks which are before us. If, for instance, you want to debate the new desks - let me save you, the Senate, and the people that frivolous use of our time. Whatever your concern is -- blame it all on John Drummond. Blame it all on me. All of us had a chance to make our thoughts known - and I know some people disagree with that statement - that's fine.
We've only got so much time between now and June 4th and we need to focus on the truly important issues: tax cuts - infrastructure needs - health care - education - video poker. These are the important issue areas which hold the priority items of the people's business. These are the matters that deserve our very best efforts and our undivided attention. Twenty years from now - the quality of life of our children and grandchildren will be determined by our schools - the availability and quality of jobs - a proper health care system - and the level, type, and structure of taxation, not on how we decided or how much we spent on new furniture.
Let me hasten to say that every one of us should take pride in the State House Renovation Project and show our appreciation to Sen. Smith and the members of the State House Committee. This building is not ours - it belongs to the people of South Carolina - and it's where they expect us to tend to their business. I'll have a resolution to offer to you later today to make the re-opening of the State House an event which focuses on our citizens and emphasizes that this grand edifice belongs to the people.
You know - sometimes we get so caught up in day-to-day activity that we forget or lose sight of the big picture. We're the beneficiaries of a wonderful history - both as a state and as a nation. Not a single day passes when I don't think of my good fortune and how much I - and all of us - owe to my fellow pilots and all of the fighting men and women who gave - and continue to give - so much to protect and defend our precious system of democracy.
We owe respect to the past , and we owe to each other - the pledge that we will conduct the people's business with purpose, determination and dignity. There is much to do - and much to disagree about in what we do and when we do it. We will face the video poker issue - the uncertainty of giving the people a chance to decide on a lottery - and many, many other issues of vital importance to near and long-term future.
Let's commit - as a body and individually - to give the people what they deserve. Let's not use this floor for partisan politicking. Let's not use this chamber to campaign for candidates we favor nor against candidates we oppose. Let's stay away from sound byte politics over minor issues.
We have and will find ourselves honestly divided over honestly troublesome issues. We are all men and women of integrity - we share a common goal - we must decide and do what we believe is best for South Carolina. We should refrain from using or applying labels - winner or loser - democrat or republican - conservative or liberal.
Let us decide to debate the real and important issues as they come to us and resolve to reach decisions which represent hard work, careful study, and sound judgement. Sometimes a compromise is better than either of the two original positions. To repeat what I said earlier - this body provides a permanent home for open and vigorous debate - this is our strength and our legacy -- it brings out the best in all of us when used for the important issues of the day -- it brings us all down when manipulated for partisan or personal reasons.

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

On motion of Senator DRUMMOND, with unanimous consent, the PRESIDENT of the Senate was granted leave to address the Senate with brief remarks.

The PRESIDENT addressed the Senate with brief remarks as follows.

Thank you, Senator. And thank you all for the opportunity to say a few words this afternoon...
It seems it was yesterday I first donned this purple robe, but its been three full years since my big brother swore me in from the Statehouse stairs...
Since that time we've all shared some good moments inside this chamber. And we've all shared some not-so-good ones, too...
And keeping in the tradition of a long line of lieutenant governors, I want you to know I am holding each and everyone of you personally responsible for the grey hairs you see cropping up over my head...
But I do have to admit-- it's like I tell my wife Bett, Senator from Pickens, Senator from Clarendon-- I don't so much care if they turn grey-- as long as they don't turn loose...
But in all seriousness I have spent the last three years working the only way I know how.
Long and hard. And fair and square.
As your presiding officer I have ruled on points of order in an objective fashion - presided in a civil and impartial manner.
And when I have given my word, I have kept it...
As lieutenant governor, I've consistently recognized all Senators without regard to party or personal differences because I believe each and every one of you must be heard in order for the folks back home to truly have a voice...
I have also spoken out on different issues from full-day kindergarten to car taxes. Many of them you have taken up...others await you still.
As you well know, we don't always agree. In fact, some of us will probably never see eye to eye. And I make no apology for that.
Because we each view government from the different personal perspectives, we will undoubtedly continue to have dramatic differences of opinion...
Having said that, today I want to challenge you to rededicate yourselves:
To some of the prouder traditions of this historic old Chamber...
To engage this year in fluid dialogue without succumbing to reticence or resentment...
To live up to legacies forged by giants like Marion Gressette, Strom Thurmond, Rembert Dennis, and John C. Calhoun.
Because as these legends would testify,
Honor is not a robe to be slipped off and on at leisure...
Tradition isn't a tool of convenience...
And partisanship isn't just something the other guy engages in.
Sometimes it's far too easy to lose sight of this during the heat of battle.
But no matter what the battle or how blistering the heat. We should always strive to remember that each of us is no more than a mere agent of the South Carolina people.
The fact of the matter is, no matter what our party; no matter what our race, religion, color, or creed-- we have all been empowered by the men and women of our great State to do their business.
To lead their government. And to make decisions-- hard decisions-- that affect the ins and outs of their humble lives...
And though I'm no member of this storied body-- something some of you remind me quite often-- this is one obligation we all share. One obligation we must not take lightly and one obligation which we must all fulfill to those who sent us here.
The job ahead is tougher than ever. We're faced with a multitude of issues near and dear to the citizens of South Carolina.
Some spark a great deal of consternation, others fan high hopes. Issues like Education, Video Poker, Car Tax Relief, Infrastructure lie in wait...
Simple solutions to these issues will not prove easy.
And the process probably won't win any beauty pageants.
But I am confident that though no single Senator may hold all the answers, some of the answers may be found within the Senate.
In the end, it is my hope that we can look back on this session as one that ushered in a new era of accountability in our schools.
As a year that began the repeal of the most universally despised tax in South Carolina.
And as a time that enjoyed a rebirth of the kind of leadership necessary to successfully tackle issues as fraught with dispute and controversy as video poker and infrastructure.
As you all know, my only other elected office was my local school board.
As a member of that board I heard a man say that if we always remember that our children are our messengers to a time we will never see; we'll always do things for the right reasons.
Today, I want to thank you for what you do day in and day out for our messengers, for our children.
And as we begin this new year, within the light of opportunity a dawning new session brings, let us vow together:
To greet each day with renewed spirit and conviction...
To do everything we can to make the people we represent prouder for it...
And to serve the great State of South Carolina day in and day out to the best of our God-given abilities.
Thank you very much...

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

The Reading Clerk called the seniority roll for the purpose of seating selections as follows:
Seat 1     Senator Drummond
Seat 2     Senator Holland
Seat 3     Senator Setzler
Seat 4     Senator Moore
Seat 5     Senator McConnell
Seat 6     Senator Leventis
Seat 7     Senator Land
Seat 8     Senator Patterson
Seat 9     Senator Matthews
Seat 10     Senator Courtney
Seat 11     Senator Fair
Seat 12     Senator Gregory
Seat 13     Senator Cork
Seat 14     Senator Jackson
Seat 15     Senator Grooms
Seat 16     Senator Washington
Seat 17     Senator Russell
Seat 18     Senator Wilson
Seat 19     Senator Anderson
Seat 20     Senator Hutto
Seat 21     Senator Ravenel
Seat 22     Senator Branton
Seat 23     Senator Glover
Seat 24     Senator Saleeby
Seat 25     Senator J. Verne Smith
Seat 26     Senator Leatherman
Seat 27     Senator Peeler
Seat 28     Senator Giese
Seat 29     Senator Bryan
Seat 30     Senator Thomas
Seat 31     Senator McGill
Seat 32     Senator Passailaigue
Seat 33     Senator Hayes
Seat 34     Senator Ford
Seat 35     Senator Mescher
Seat 36     Senator Rankin
Seat 37     Senator Lander
Seat 38     Senator O'Dell
Seat 39     Senator Courson
Seat 40     Senator Elliott
Seat 41     Senator Short
Seat 42     Senator Alexander
Seat 43     Senator Reese
Seat 44     Senator Ryberg
Seat 45     Senator Martin
Seat 46     Senator Waldrep

The Senate proceeded to a selection of committee assignments as follows:

(Clerk's Note: When the Senate reached Senator ANDERSON, the Senator from Greenville, during the first round of committee selections, the Senator noted that there were no remaining vacancies on the Committee on Education. It was determined that a member senior to Senator ANDERSON, who had not served on the Education Committee last session, had selected a seat on the committee. It is important to note that in 1997, during the second round of the committee selection process, Senator ANDERSON had gained his seat on the Education Committee by virtue of a unanimous consent request made at that time by Senator PATTERSON. The Senator from Richland County, having chosen Education during the first round, by virtue of the unanimous consent request, ceded his seat on the committee directly to Senator ANDERSON.
Senator ANDERSON stated that he had been a member of the Education Committee last session, that it was the first round of the selection process, and that Rule 19 provides: "Any Senator who served on a Standing Committee in the session immediately passed, shall have the right to serve on such Committee, regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such Committee."
A number of members indicated their agreement with Senator ANDERSON's reading and interpretation of the rule, including the Chairman of the Rules Committee, Senator McCONNELL, who noted that the language was clear as to Senator ANDERSON's right to retain a seat on the committee inasmuch as the Senate was still in the process of first round selections.
At this juncture, the selection process reverted to Senator GREGORY, the Senator from Lancaster, who was the only member who had chosen a seat on the Education Committee, but who had not had a seat "in the session immediately past." Senator GREGORY reannounced his selections, not choosing a seat on the Committee on Education, and the Senate continued through the balance of the first round and second round selections.)

Leventis, Phil, Chairman
Land, John C., III
Setzler, Nikki
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, J. Yancey
O'Dell, William H.
Cork, Holly
Glover, Maggie W.
Jackson, Darrell
Lander, James A.
Waldrep, Robert L., Jr.
Elliott, Dick
Reese, Glenn G.
Hutto, C. Bradley
Ravenel, Arthur
McConnell, Glenn F.
Grooms, Larry R.

Saleeby, Edward E., Chairman
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
Courson, John E.
Matthews, John W., Jr.
Courtney, C. Tyrone
Thomas, David L.
Patterson, Kay
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.
Russell, John R.
Jackson, Darrell
Martin, Larry A.
Rankin, Luke
Washington, McKinley
Ford, Robert

Thomas, David L., Chairman
Bryan, James E., Jr.
Giese, Warren K.
Wilson, Joe
Patterson, Kay
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Ryberg, Greg
Hayes, Robert W., Jr.
Lander, James A.
Fair, Michael L.
Anderson, Ralph
Waldrep, Robert L.
Martin, Larry A.
Mescher, William
Short, Linda H.
Branton, William S., Jr.

Setzler, Nikki, Chairman
Saleeby, Edward E.
Bryan, James E., Jr.
Giese, Warren K.
Matthews, John W., Jr.
Wilson, Joe
Courson, John E.
Russell, John R.
Washington, McKinley, Jr.
Hayes, Robert W., Jr.
Cork, Holly
Glover, Maggie W.
Lander, James A.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.
Waldrep, Robert L., Jr.
Anderson, Ralph

Leatherman, Hugh K., Sr., Chairman
Saleeby, Edward E.
Land, John C., III
Holland, Donald H.
McConnell, Glenn F.
Peeler, Harvey S., Jr.
Courson, John E.
Giese, Warren K.
Smith, J. Verne
Leventis, Phil P.

Drummond, John, Chairman
Smith, J. Verne
Land, John C., III
Setzler, Nikki
Leatherman, Hugh K.
Leventis, Phil
Peeler, Harvey S., Jr.
Giese, Warren K.
Thomas, David L.
Patterson, Kay
McGill, J. Yancey
Courson, John E.
Matthews, John W., Jr.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
Washington, McKinley, Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.

Peeler, Harvey S., Jr., Chairman
Drummond, John
Holland, Donald H.
Land, John C., III
McGill, J. Yancey
Passailaigue, Ernest L., Jr.
Elliott, Dick
Gregory, Greg
Waldrep, Robert L., Jr.
Moore, Thomas L.
Giese, Warren K.
Courtney, C. Tyrone
Leatherman, Hugh
Hutto, C. Bradley
Ravenel, Arthur
Cork, Holly
Branton, William S., Jr.
Grooms, Larry R.

Wilson, Joe, Chairman
Holland, Donald H.
Moore, Thomas L.
Thomas, David L.
O'Dell, William H.
Washington, McKinley
Courtney, C. Tyrone
Russell, John R.
Martin, Larry A.
Mescher, William
Ryberg, Greg
Short, Linda H.
Alexander, Thomas C.
Fair, Michael L.
Gregory, Greg
Ravenel, Arthur
Waldrep, Robert L.
Grooms, Larry R.

Drummond, John, Chairman
Holland, Donald H.
Smith, J. Verne
Setzler, Nikki G.
Leatherman, Hugh K.

Courson, John E., Chairman
Wilson, Joe
Matthews, John W., Jr.
Patterson, Kay
Russell, John R.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
McGill, J. Yancey
Washington, McKinley
Reese, Glenn G.

Holland, Donald H., Chairman
Saleeby, Edward E.
McConnell, Glenn F.
Bryan, James E., Jr.
Wilson, Joe
Moore, Thomas L.
Russell, John R.
Courtney, C. Tyrone
Cork, Holly
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Jackson, Darrell
Lander, James A. "Jim"
Martin, Larry A.
Mescher, William
Rankin, Luke
Elliott, Dick

Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
Courtney, C. Tyrone
Elliott, Dick
Ford, Robert
Lander, James A. "Jim"
Mescher, William
Ryberg, Greg
Alexander, Thomas C.
Leatherman, Hugh

Moore, Thomas L., Chairman
Smith, J. Verne
Peeler, Harvey S., Jr.
Bryan, James E., Jr.
Courson, John E.
Giese, Warren K.
Thomas, David L.
Hayes, Robert W., Jr.
Cork, Holly
Jackson, Darrell
Short, Linda H.
Alexander, Thomas C.
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
Leventis, Phil P.
Branton, William S., Jr.
Grooms, Larry R.

McConnell, Glenn F., Chairman
Smith, J. Verne
Drummond, John
Bryan, James E., Jr.
Reese, Glenn G.
Holland, Donald H.
Martin, Larry A.
Rankin, Luke
Matthews, John W., Jr.
Russell, John R.
McGill, J. Yancey
Patterson, Kay
Ford, Robert
Glover, Maggie
Land, John C., III
Peeler, Harvey S.
Washington, McKinley
Gregory, Greg

Land, John C., III, Chairman
Leatherman, Hugh K.
Leventis, Phil
Wilson, Joe
Patterson, Kay
McGill, J. Yancey
O'Dell, William H.
Elliott, Dick
Rankin, Luke
Ryberg, Greg
Short, Linda H.
Alexander, Thomas C.
Fair, Michael L.
Hutto, C. Bradley
Ravenel, Arthur
Anderson, Ralph
Passailaigue, Ernie
Branton, William S., Jr.

ALEXANDER, THOMAS C.
General
Labor, Commerce and Industry
Medical Affairs
Transportation

ANDERSON, RALPH
Corrections and Penology
Education
Medical Affairs
Transportation

BRANTON, WILLIAM S., JR.
Corrections and Penology
Fish, Game and Forestry
Medical Affairs
Transportation

BRYAN, JAMES E., JR.
Corrections and Penology
Education
Judiciary
Medical Affairs
Rules

CORK, HOLLY
Agriculture and Natural Resources
Education
Fish, Game and Forestry
Judiciary
Medical Affairs

COURSON, JOHN E.
Banking and Insurance
Education
Ethics
Finance
Invitations, Chairman
Medical Affairs

COURTNEY, C. TYRONE
Banking and Insurance
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry

DRUMMOND, JOHN
Finance, Chairman
Fish, Game and Forestry
Interstate Cooperation, Chairman
Labor, Commerce and Industry
Rules

ELLIOTT, DICK
Agriculture and Natural Resources
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry
Transportation

FAIR, MICHAEL L.
Corrections and Penology
General
Medical Affairs
Transportation

FORD, ROBERT
Banking and Insurance
Corrections and Penology
Judiciary
Labor, Commerce and Industry
Rules

GIESE, WARREN K.
Corrections and Penology
Education
Ethics
Finance
Fish, Game and Forestry
Medical Affairs

GLOVER, MAGGIE W.
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Rules

GREGORY, GREG
Corrections and Penology
Fish, Game and Forestry
General
Judiciary
Rules

GROOMS, LARRY R.
Agriculture and Natural Resources
Fish, Game and Forestry
General
Medical Affairs

HAYES, ROBERT W., JR.
Banking and Insurance
Corrections and Penology
Education
Finance
Medical Affairs

HOLLAND, DONALD H.
Ethics
Fish, Game and Forestry
General
Interstate Cooperation
Judiciary, Chairman
Rules

HUTTO, C. BRADLEY
Agriculture and Natural Resources
Fish, Game and Forestry
Medical Affairs
Transportation

JACKSON, DARRELL
Agriculture and Natural Resources
Banking and Insurance
Judiciary
Medical Affairs

LAND, JOHN C., III
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry
Rules
Transportation, Chairman

LANDER, JAMES A. "JIM"
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
Labor, Commerce and Industry

LEATHERMAN, HUGH K.
Banking and Insurance
Ethics, Chairman
Finance
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
Transportation

LEVENTIS, PHIL
Agriculture and Natural Resources, Chairman
Ethics
Finance
Labor, Commerce and Industry
Medical Affairs
Transportation

MARTIN, LARRY A.
Banking and Insurance
Corrections and Penology
General
Judiciary
Rules

MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Finance
Invitations
Rules

McCONNELL, GLENN F.
Agriculture and Natural Resources
Banking and Insurance
Ethics
Judiciary
Labor, Commerce and Industry
Rules, Chairman

McGILL, J. YANCEY
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
Invitations
Rules
Transportation

MESCHER, WILLIAM
Corrections and Penology
Education
General
Judiciary
Labor, Commerce and Industry

MOORE, THOMAS L.
Fish, Game and Forestry
General
Judiciary
Labor, Commerce and Industry
Medical Affairs, Chairman

O'DELL, WILLIAM H.
Agriculture and Natural Resources
Finance
General
Invitations
Labor, Commerce and Industry
Transportation

PASSAILAIGUE, ERNEST L., Jr.
Banking and Insurance
Finance
Fish, Game and Forestry
Invitations
Labor, Commerce and Industry
Transportation

PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Finance
Invitations
Rules
Transportation

PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry, Chairman
Medical Affairs
Rules
RANKIN, LUKE
Banking and Insurance
Education
Judiciary
Rules
Transportation

RAVENEL, ARTHUR
Agriculture and Natural Resources
Fish, Game and Forestry
General
Transportation

REESE, GLENN G.
Agriculture and Natural Resources
Banking and Insurance
Finance
Invitations
Labor, Commerce and Industry
Rules

RUSSELL, JOHN R.
Banking and Insurance
Education
General
Invitations
Judiciary
Rules

RYBERG, GREG
Corrections and Penology
General
Labor, Commerce and Industry
Transportation

SALEEBY, EDWARD E.
Banking and Insurance, Chairman
Education
Ethics
Judiciary
Labor, Commerce and Industry

SETZLER, NIKKI
Agriculture and Natural Resources
Banking and Insurance
Education, Chairman
Finance
Interstate Cooperation
Labor, Commerce and Industry

SHORT, LINDA H.
Corrections and Penology
Education
General
Medical Affairs
Transportation

SMITH, J. VERNE
Ethics
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules

THOMAS, DAVID L.
Banking and Insurance
Corrections and Penology, Chairman
Finance
General
Medical Affairs

WALDREP, ROBERT L., Jr.
Agriculture and Natural Resources
Corrections and Penology
Education
Fish, Game and Forestry
General

WASHINGTON, McKINLEY
Banking and Insurance
Education
Finance
General
Invitations
Rules

WILSON, JOE
Corrections and Penology
Education
General, Chairman
Invitations
Judiciary
Transportation

On motion of Senator PEELER, with unanimous consent, the names of Senators who are not presently serving but are still listed as desiring to be present or who are listed as being on minority reports on Bills on the Calendar would be removed.

Senator LEATHERMAN introduced Dr. Stephen Imbeau of Florence, S.C., President Elect of South Carolina Medical Association, Doctor of the Day.

At 12:30 P.M., Senator COURSON requested a leave of absence beginning at 1:30 P.M.

Senator DRUMMOND rose to a Point of Interest.

TO:       MEMBERS, SOUTH CAROLINA SENATE
FROM:   HUGH K. LEATHERMAN, SR.
CHAIRMAN, COMMITTEE ON ETHICS
RE:       1997 OPINIONS
DATE:   JANUARY 13, 1998
Attached you will find the Committee on Ethics' Opinions for 1997.
Please inform me or the Committee staff if we can be of assistance.
Thank you.

TO:       MEMBERS OF THE SENATE OF SOUTH CAROLINA
FROM:   THE SENATE COMMITTEE ON ETHICS
DATE:   APRIL 3, 1997
RE:       OPINION 1997-1
The Committee on Ethics has received the following request that we feel should be answered through this Opinion:
Can a Member who previously ran for the Senate in an unsuccessful campaign prior to the passage of the Ethics Act be repaid moneys lent by him to that campaign that exceed the $10,000 cap. Further, if the Member can be repaid, can the repayment be accomplished with moneys in his current campaign account?
In answering this question, the Committee would like to direct the attention of the Members to the following Sections of The Ethics, Government Accountability and Campaign Reform Act of 1991 with Amendments Effective January 12, 1995.
Section 8-13-1314(A)(1)(b), "Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept: (1) a contribution which exceeds: (b) one thousand dollars in the case of a candidate for any other office;"[any other office are those other than statewide, in this case Senate campaigns]
Section 8-13-1328(B), "A candidate for an elective office other than those specified in subsection(A) or a family member of a candidate for an elective office other than those specified in subsection(A) must not be repaid, for a loan made to the candidate, more than ten thousand dollars in the aggregate after the election." [emphasis added]
Section 8-13-1318, "If a candidate has a debt from a campaign for an elective office, the candidate may accept contributions to retire the debt, even if the candidate accepts contributions for another elective office or the same elective office during a subsequent election cycle, as long as those contributions accepted to retire the debt are: (1) The Senate Committee on Ethics within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred; and (2) reported as provided in this article.
Article 15, Section 8, "This act takes effect January 1, 1992...Except as otherwise provided, this act governs only transactions which take place after December 31, 1991."
In researching this question, a pertinent Opinion issued by the State Ethics Commission was located. SEC Opinion A092-203 issued on May 27, 1992, speaks to a very similar situation. In its Opinion, the Commission allowed a former candidate for the office of Lieutenant Governor in 1990 to raise funds for debt retirement. The summary of this Opinion states:
"A former candidate who is retiring a debt from a 1990 election campaign is not restricted in the amount of contributions which may be accepted, in accordance with Section 8-12-1318."[emphasis added]{a copy of SEC A092-203 is attached to this opinion}
The situation we are addressing is slightly more complicated due to the fact that the debts being addressed result from a 1987 campaign and are owed to a sitting Member of the Senate. However, we must concur with the Opinion of the State Ethics Commission, outlined above, as a basis for this Opinion.
The quoted sections of The Ethics, Government Accountability and Campaign Reform Act of 1991 with Amendments Effective January 12, 1995, allow candidates who incurred debts prior to January 1, 1992, to continue to operate under the previous Ethics Laws until such time as the debts are paid in full. This Opinion only applies to those Members/candidates who continue to owe money to themselves or a financial institution for campaigns conducted and debts incurred prior to January 1, 1992.
The Member can repay personal loans made prior to January 1, 1992, that exceed the $10,000 current cap since there was no cap in effect prior to the passage of our current Ethics Act. The Member, however, cannot use funds from his current campaign account to reimburse himself for loans made prior to January 1, 1992.
Members and candidates who feel that they can exercise this option and collect contributions for debts incurred prior to January 1, 1992, should be cautious and remember that in rendering this Opinion the Committee on Ethics assumes that the contributions collected are solely for the purpose of retiring the debt spoken to above and that no part of the contributions will be used by the Member for future Senate campaigns.
Those who are paying off a previous campaign debt must submit to this Committee quarterly Campaign Disclosure Forms separate from those submitted for their current campaign accounts. These forms will be made a part of the Members' ethics files and, of course, will be open for public inspection.

TO:       MEMBERS OF THE SENATE OF SOUTH CAROLINA
FROM:   THE SENATE COMMITTEE ON ETHICS
RE:       OPINION 1997-2
DATE:   JUNE 3, 1997
The Committee on Ethics has received the following question which we feel should be answered through this Opinion:
Can a Member of The Senate use campaign funds to make donations to monument commissions created for the purpose of placing a monument on the Capitol Complex?
We will begin by quoting the following Section of The Ethics, Government Accountability, and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995:
Section 8-13-1348(A), No candidate, committee, public official, or political party may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individuals's duties as a holder of elective office.[emphasis added]
This Committee has addressed many similar questions since the enactment of The Ethics, Government Accountability, and Campaign Reform Act of 1991. Most notably are Opinions 1993-4 and 1993-7. Opinion 1993-4, says in part:
The Committee believes that the phrase 'ordinary expenses incurred in connection with an individual's duties' as an officeholder is intentionally broad and that the determination whether a particular expense is permissible is by design left largely to the discretion of the Member.
In determining whether a particular expenditure is permissible, a Member should ask: (A) Is the expenditure "ordinary", that is, is the expense something "commonly encountered" or "usual" for a holder of public office in the Member's position?; (B) is the expense incurred in connection with the Member's duties as an office holder, that is, would the Member make the expenditure if he or she were not a holder of public office?; and will the Member realize no personal gain, aside from any benefit received by the public at large, from making the expenditure?
As we can see from these quoted sections of Opinion 1993-4, Members are allowed to expend campaign funds on those expenses that would not be incurred were it not for their office. Many examples are given in the entire text of 1993-4 as well as other Opinions of the Committee.
This question is very timely in that there are several monument commissions currently meeting to design and erect monuments that the General Assembly has approved. It has been stated that the donation of funds for these monuments will be sought from sources other than public moneys. It is a relatively safe assumption that Members of the Senate of South Carolina will be among the first who are formally solicited by these various monument commissions for donations.
Opinion 1993-7 states in part:
Other related provisions within the same act can often provide meaning or insight when interpreting a vague provision. Section 8-13-70 expressly authorizes an expenditure of campaign funds for charitable and other purposes upon final disbursement. One could reason that the presence of such specific language in Section 8-13-70 and its omission from Section 8-13-1348 means that a contribution to a charitable organization prior to final disbursement is not appropriate. This reasoning, however, ignores the fact that Section 8-13-1370 expressly restricts disbursement to several specified items, while Section 8-13-1348 is devoid of such restrictions. Logic dictates that those acts that are not prohibited should be considered appropriate.[emphasis added]
This is clearly an example of donations being sought because of the position held; i.e., that of State Senator. Participating in fundraising activities for organizations, churches, schools, colleges, universities, communities, families in dire situations, political parties, protecting historical landmarks such as buildings and their surrounding property, as well as adding to them, and a whole range of charitable giving and charitable good works is a longstanding function of elected officials, especially Members of the Senate of South Carolina. The Public of this state expect, and in many cases demands, that Members participate in various functions that benefit the aforementioned groups. The Ethics Act does not prohibit these actions by Members.

The Senate Committee on Ethics has received the following question which we feel should be answered with this Opinion:
Can a Member who serves as a Member on the South Carolina Public Safety Coordinating Council participate in the discussion and cast a vote on grants which may affect other boards and commissions on which he serves?"
In answering this question, we must first determine what is the South Carolina Public Safety Coordinating Council? The following Sections of the Code of Laws of South Carolina create and determine the answer to this question:
"SECTION 23-6-500. South Carolina Public Safety Coordinating Council created; purpose.
There is created a council to administer certain responsibilities of the Department of Public Safety and coordinate certain activities between the department, the South Carolina Law Enforcement Division and municipal and county law enforcement agencies. The council is to be known as the South Carolina Public Safety Coordinating Council.
SECTION 23-6-510. Composition; filling of vacancies.
The council is composed of the following persons for terms as indicated:
(1)   the Governor or his designee, to serve as chairman, for the term of the Governor;
(2)   the Chief of the South Carolina Law Enforcement Division for the term of office for which he is appointed;
(3)   the Chairman of the Senate Judiciary Committee for his term of office in the Senate or his designee;
(4)   the Chairman of the House of Representatives Judiciary Committee for his term of office in the House of Representatives or his designee;
(5)   the Director of the Department of Public Safety;
(6)   a sheriff appointed by the Governor for the term of office for which he is elected;
(7)   a municipal police chief appointed by the Governor for a term of two years; and
(8)   a victim representative appointed by the Governor for a term of four years.
Any vacancy occurring must be filled in the manner of the original appointment for the unexpired portion of the term.
SECTION 23-6-520. Duties.
The council has the following duties to:
(1)   recommend a hiring and promotion policy for commissioned personnel or officers to be administered under the sole authority of the director;
(2)   establish a process for the solicitation of applications for public safety grants and to review and approve the disbursement of funds available under Section 402 of Chapter 4 of Title 1 of the Federal Highway Safety Program, public law 89-564 in a fair and equitable manner;
(3)   coordinate the use of department personnel by other state or local agencies or political subdivisions;
(4)   advise and consult on questions of jurisdiction and law enforcement and public safety activities between the Department of Public Safety, the South Carolina Law Enforcement Division and law enforcement agencies of local political subdivisions.
SECTION 23-6-530. Council may elect officers; service is without pay; per diem, mileage and subsistence.
The council may elect such other officers as it deems necessary from its membership and the members of the council shall serve without pay but are authorized, as eligible, to receive the usual per diem, mileage and subsistence provided for by law."
As we can see from Section 23-6-510(3), the Chairman of the Senate Judiciary Committee is a full voting Member of the South Carolina Public Safety Coordinating Council. The Legislature passed Act 181 in 1993 which created the Council and determined it's members and duties.
We now turn our attention to the appropriate Section of The Ethics, Government Accountability and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995. Section 8-13-700(A)(B) says:
"SECTION 8-13-700. Use of official position or office for financial gain; disclosure of potential conflict of interest.
(A) No public official, public member, or public employee may knowingly use his official office, membership, or employment to obtain an economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated. This prohibition does not extend to the incidental use of public materials, personnel, or equipment, subject to or available for a public official's, public member's, or public employee's use which does not result in additional public expense.
(B) No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest. A public official, public member, or public employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which affects an economic interest of himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated shall:"
As we can see, the ethics laws specifically spell out that a Member may not use his office to obtain an economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated. At no time does The Ethics, Government Accountability and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995, deter a Member of the Senate from carrying out the duties of his office or other offices that he may hold by virtue of his office unless there is a clear, personal conflict that would personally benefit the Member, his family, business or business associates.
There is clearly no conflict of interest in this, or any Member, voting on various grants, so long as those grants are not of benefit to the Member, a family member, a business in which he is associated or an individual with which he is associated. Here there is no evidence of such a benefit. While the Member may receive a per diem or subsistence for this attendance at a board or commission meeting, it would not be an economic interest and there would be no conflict prohibiting the Member from voting on grants applied for by these boards or commissions.
In a similar Opinion on a similar subject, 1996-2, the Senate Committee on Ethics summarized it's findings in the following statement:
"We will not hinder the ability of Members of the Senate of South Carolina to carry out their constitutional duties. The people of the various Senate Districts choose from their population one person to represent them on matters coming before this body. The people's right of representation on all matters should not be abated. The Members have a constitutional right to deliberate, make improvements through amendments, and vote on matters before the Senate. Unless a direct conflict of interest arises, we urge all Members of the Senate of South Carolina to carry out their constitutional duties of office and to not refrain from the full representation of their constituents."
According to Rule 44(3) of The Rules of the Senate of South Carolina, the Committee is only authorized "to render advisory opinions with regard to legislative ethics..." And cannot address other potential conflicts of interest.

The Senate Committee on Ethics has received the following question which we feel should be answered through this Opinion:
"Can a Member use campaign funds for publishing a newspaper column or the printing and distribution of a newsletter to constituents?"
To answer this question, we direct the Member's attention to the following quoted Section of The Ethics, Government Accountability, and Campaign Reform Act of 1991 With Amendments Effective January 12, 1995 and several quoted sections from previously issued Opinions of this Committee:
SECTION 8-13-1348
Use of campaign funds for personal expenses; certain expenditures to be in writing; expenditures not to exceed fair market value; petty cash funds.
(A) No candidate, committee, public official, or political party may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office.[emphasis added]
ADVISORY OPINION #93-4, says in part,
The Committee believes that the phrase "ordinary expenses incurred in connection with an individual's duties" as an officeholder is intentionally broad and that the determination whether a particular expense is permissible is by design left largely to the discretion of the member. While the Committee will continue to address requests for advisory opinions on specific expenditures of excess campaign funds, the Committee believes it may be more helpful to members to offer the following guidelines to aid members in expending excess campaign funds.
In determining whether a particular expenditure is permissible, a member should ask: (A) Is the expenditure "ordinary", that is, is the expense something "commonly encountered" or "usual" for a holder of public officer in the member's position?[1]; (B) is the expense incurred in connection with a member's duties as an officeholder, that is, would the member make the expenditure if he or she were not a holder of public office?; and (c) will the member realize no personal gain, aside from any benefit received by the public at large, from making the expenditure?

[1] The American Heritage Dictionary, 2d ed. (Boston: Houghton Mifflin Company, 1985), p. 875.

[2] Section 8-13-1348 is particularly troublesome because, unlike other provisions of the Ethics Reform Act, it provides no safe harbors or specific examples of expenditures which a member would objectively know are proper.

[3] This sentence should not be taken to mean that one is permitted to do indirectly that which the act directly prohibits or that conduct inconsistent with the principles of the act would be condoned by this Committee.

[4] Therefore, while members may find Advisory Opinions #93-2 and #93-4 instructive, the Committee will not necessarily use these opinions as the bench mark in evaluating conduct, as this opinion shifts that burden to each member.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina Bankers Association to attend a reception at the Adam's Mark Hotel on Tuesday, January 13, 1998, from 6:00 until 8:00 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Manufacturers Alliance Board of Directors to attend a breakfast at the Adam's Mark Hotel on Wednesday, January 14, 1998, from 7:30 until 9:00 A.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from National Federation of the Blind of S.C. to attend a luncheon in Room 208 Blatt Bldg. on Wednesday, January 14, 1998, immediately upon adjournment and lasting until 2:00 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Society of Professional Engineers and the Consulting Engineers of S.C. to attend a reception at the Columbia Museum of Art on Wednesday, January 14, 1998, from 6:00 until 8:00 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Christian Life and Public Affairs Committee of the S.C. Baptist Convention to attend a breakfast at the Holiday Inn-Coliseum, Assembly Room, 630 Assembly St., on Thursday, January 15, 1998, from 8:00 until 9:30 A.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Chamber of Commerce to attend the Business Speaks reception at the Capital City Club in the Affinity Bldg. on Tuesday, January 20, 1998, from 6:00 until 6:30 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Clarion Town House to attend its 3rd Annual Oyster Roast and Frogmore Stew/ Reception on Tuesday, January 20, 1998, from 6:30 until 8:30 P.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Council of Alcohol and Drug Treatment Authorities to attend its annual legislative breakfast buffet at the Summit Club in Columbia on Wednesday, January 21, 1998, from 8:00 until 9:00 A.M., with a brief program from 8:30 until 8:50 A.M. We will conclude promptly at 9:00 A.M.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Evelyn McDaniel McConnell of Charleston, S.C., beloved mother of our colleague, Senator GLENN F. McCONNELL.

At 2:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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