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February 8, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

At-Large:

Mr. Eugene Collins Spivey, Post Office Box 570, Conway, S.C. 29526

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:

6th Congressional District:

Mr. Chester A. Duke, P.O. Box 929, Marion, S.C. 29571

Referred to the Committee on Labor, Commerce and Industry.

February 21, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:

4th Congressional District:

Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607

Referred to the Committee on Judiciary.

February 23, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Public Service Authority, with term to commence May 20, 1995, and to expire May 19, 2002:

5th Congressional District:

Mr. Larry L. Bigham, 1528 Blanchard Bend, Rock Hill, S.C. 29732 VICE D. Gene Rickenbaker

Referred to the General Committee.

February 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Reappointment, State Board of Barber Examiners, with term to commence June 30, 1995, and to expire June 30, 1999:

Master:

Mr. Edwin C. Barnes, 391 Park Road, Lexington, S.C. 29072

Referred to the General Committee.

February 28, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

3rd Congressional District:

Ms. Janice C. McCord, Route 5, Box 66, Abbeville, S.C. 29620 VICE Wilmon W. McClellan, Sr. (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:

6th Congressional District:

Ms. Sheila Allen Massey, 521 Lincolnshire North, Columbia, S.C. 29203 VICE James T. McLawhorn, Jr.

Referred to the Committee on Judiciary.

March 14, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1994, and to expire March 15, 2001:

2nd Congressional District:

Mr. Phillip J. Canders, 10 Sly Fox Run, Blythewood, S.C. 29016

Referred to the Committee on Education.

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:

(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, 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:

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 ____________________ 1This definition of a "lobbyist's principal" recently became law on January 12, 1995.

/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:
"MEMORANDUM
TO: Members of the South Carolina General Assembly
FROM: Linda M. Franklin/s/
RE: Legal Resource Directory
DATE: February 6, 1995
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

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 members to Senators, the purpose of this document is more far reaching than that. The committee must examine the complex issue of an association, that is a lobbyist's principal, providing a legal research service free of charge to members of the Senate of South Carolina.

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 by it's producer falls in the preview of Section 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 Section 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:

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, therefore, can determine that this service is not a thing of value as defined in our ethics laws.

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.

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

Senator BRYAN rose to a Point of Personal Interest.

Senator LEVENTIS introduced Dr. Gene Dickerson of Sumter, S.C., Doctor of the Day.

On motion of Senator MESCHER, at 12:20 P.M., Senator ROSE was granted a leave of absence for the balance of the day.

S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 649 -- Senator Giese: A BILL TO AMEND SECTION 24-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES AND THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY STATE

Read the first time and referred to the Committee on Corrections and Penology.

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