Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 450, Feb. 2 | Printed Page 470, Feb. 7 |
Printed Page 460 . . . . . Tuesday, February 7, 1995
(3) Minutes or accounts of public hearings concerning the proposed change. Not applicable.
(4) Statements, speeches, and other public communications concerning the proposed change. Not applicable.
(5) Copies of comments from the general public. Not applicable.
(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. Not applicable.
(g) Availability of the submission:
(1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 8.
(2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 8.
(h) Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 9.

The Senate believes this to be a valid and complete submission, and respectfully requests that it be given expedited consideration.

Respectfully submitted,
Marshall B. Williams
President Pro Tempore of the South Carolina Senate

Printed Page 461 . . . . . Tuesday, February 7, 1995
COMMUNICATION

OPINION 1995-1

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

The Senate Ethics Committee has received the following questions that we feel should be answered through this Opinion:
First, is there any prohibition against elected officials participating or hosting a dinner to benefit a non-profit corporation? Second, several businesses have indicated an interest in sponsoring this event. Is there any prohibition against a business sponsoring an event to honor an elected official? Third, can donations from lobbyists' principals be accepted? All donations will be made directly to the non-profit corporation.
In answering these questions, the Committee feels that it is necessary to remind Members of the definitions of "Anything of value", and "Lobbyist's principal", as defined in The Ethics, Government Accountability, and Campaign Reform Act of 1991:

"SECTION 8-13-100. Definitions.
As used in Articles 1 through 11:(1) (a) "Anything of value" or "thing of value" means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(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;

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(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) "Anything of value" or "thing of value" does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or
(vii) a campaign contribution properly received and reported under the provisions of this chapter."

Section 2-17-10(14) defines a "Lobbyist's principal" as follows:
"`Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report 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]

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

The Ethics Act was written in part to distance Members from possible conflicts of interest between them and lobbyist and lobbyist's principals. The Ethics Act was not written to prohibit Members from engaging in the normal day to day activities of highly involved community service. The

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Committee understands, and through previous writings reveals it's opinion[2], that Membership in the Senate of South Carolina should not close the door on community involvement, in fact in most all cases, Members see a rapid increase in their donation of time and resources to many community service organizations.

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

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

Participating in or hosting a function to benefit a non-profit corporation is a longstanding function of elected officials and especially Members of the Senate of South Carolina. The public of this State expects, and in many cases almost demands, that Members participate in various functions that benefit charitable organizations. Our (the Members of the Senate) collective donations to and involvement with non- profit corporations and charitable organizations surely must reach into the thousands of dollars each year, not to mention the time donated by members to such groups each year. The Ethics Act does not prohibit these actions by Members.

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

This is also a longstanding tradition. Members are recognized for their many years of involvement to the community or particular groups of the

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

We do, however, caution the Members to be aware of Section 8-13-100(1)(b) and 8- 13-100(b)(iii) which reads as follows:
"(b) `Anything of value' or `thing of value' does not mean:"
"(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars."

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

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

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

Members are cautioned, however, that the soliciting of contributions for such an event should be made directly to the lobbyist's principle and not the lobbyist. The appearance of any contact with a lobbyist concerning such donations should be avoided. Members are reminded that in all cases, the activities of individual Members must meet both the spirit and the letter of The Ethics, Government Accountability, and Campaign Reform Act of 1991. Activities of Members of the Senate of South Carolina, not only must be right but also, should look right in the eyes of the public.

Leave of Absence

At 12:30 P.M., Senator MATTHEWS requested a leave of absence until 3:00 P.M.

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Leave of Absence

On motion of Senator MATTHEWS, at 12:30 P.M., Senator WASHINGTON was granted a leave of absence until 3:00 P.M.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 449 -- Senators Washington and Waldrep: A BILL TO AMEND SECTION 59-39-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DRIVER EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION MAY PERMIT A SCHOOL DISTRICT, WHICH IT DETERMINES DOES NOT HAVE SUFFICIENT RESOURCES TO ACQUIRE THE VEHICLES, OTHER EQUIPMENT, AND STAFF NECESSARY TO PROVIDE THE REQUIRED SIX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING, TO USE COMPUTER GRAPHICS, TAPES, AND OTHER TYPES OF VISUAL AIDS TO SIMULATE BEHIND-THE-WHEEL DRIVING, AND TO PROVIDE THAT UPON APPROVAL, COMPLETION OF THIS SIMULATED BEHIND-THE-WHEEL DRIVING TRAINING IS CONSIDERED SUFFICIENT TO OBTAIN CREDIT FOR THIS COURSE IF ALL OTHER REQUIREMENTS ARE MET.

Read the first time and referred to the Committee on Education.

S. 450 -- Senator Bryan: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE, SO AS TO RESTRICT OTHER FORMS OF HUNTING WITHIN ONE HUNDRED YARDS OF A RESIDENCE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 451 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE, SO AS TO PROVIDE THAT EFFECTIVE IMMEDIATELY UPON THE RATIFICATION INTO LAW OF THIS PROVISION, NO PERSON WHO IS IN THE LAST YEAR OF A SIXTH CONSECUTIVE TERM AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, OR WHO IS IN THE LAST YEAR OF A THIRD CONSECUTIVE TERM

Printed Page 466 . . . . . Tuesday, February 7, 1995
AS A MEMBER OF THESENATE, OR WHO HAS SERVED TWELVE CONSECUTIVE YEARS IN THE GENERAL ASSEMBLY EITHER AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES OR A COMBINATION THEREOF SHALL BE ELIGIBLE FOR A SEAT IN THE GENERAL ASSEMBLY, AND TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING REQUIRED TO VACATE HIS SEAT DURING A TERM FOR WHICH HE WAS ELECTED.

Read the first time and referred to the Committee on Judiciary.

S. 452 -- Senator Moore: A SENATE RESOLUTION TO COMMEND GEORGE S. PARDUE, ASSISTANT VICE PRESIDENT, PLANT SERVICES, OF GRANITEVILLE COMPANY FOR HIS OUTSTANDING SERVICE UPON THE OCCASION OF HIS RETIREMENT, TO WISH FOR HIM MANY HAPPY AND FULFILLING YEARS, AND TO PROVIDE THAT HE MUST BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO GRANITEVILLE COMPANY ON THE OCCASION OF HIS RETIREMENT DINNER ON FEBRUARY 8, 1995.

The Senate Resolution was adopted.

S. 453 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE IN SCHOOL DIRECTLY FROM AN AVAILABLE SUPPLIER WHEN NEEDED FOR INSTRUCTION BY THE SCHOOL DISTRICT IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; BY ADDING SECTION 59-31-75 SO AS TO PROVIDE THAT NO PUBLIC SCHOOL OF THIS STATE MAY OFFER A COURSE TO STUDENTS FOR WHICH ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE TO BE USED IN THE COURSE, OR ON ORDER WITH A CONFIRMED DELIVERY DATE OF PRIOR TO THE BEGINNING DATE OF THE COURSE; AND BY ADDING SECTION 59-31-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO REPORT ANNUALLY TO THE STATE SUPERINTENDENT OF EDUCATION THE TEXTBOOKS IT DOES NOT HAVE AVAILABLE FOR STUDENTS DURING THE CURRENT SCHOOL YEAR, THE REASONS FOR THE SHORTAGE, THE CORRECTIVE ACTION

Printed Page 467 . . . . . Tuesday, February 7, 1995
ATTEMPTED TO ALLEVIATE THE SHORTAGE, AND THE PROJECTED DOLLAR SHORTAGE FOR NEEDED TEXTBOOKS FOR THE NEXT SCHOOL YEAR, TO REQUIRE THE SUPERINTENDENT OF EDUCATION TO COMPILE AND SUMMARIZE THESE REPORTS AND SUBMIT THEM TO THE GENERAL ASSEMBLY, TO REQUIRE THE GENERAL ASSEMBLY TO FUND THESE TEXTBOOK NEEDS FOR THE NEXT SCHOOL YEAR AS REFLECTED IN THE SUMMARY OF THE SUPERINTENDENT OF EDUCATION BEFORE ANY OTHER APPROPRIATIONS FOR PUBLIC EDUCATION MAY BE MADE, AND TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE IF THE FUNDING PROVIDED FOR TEXTBOOKS IS LESS THAN WHAT IS REFLECTED IN THE REPORT OF THE SUPERINTENDENT OF EDUCATION.

Read the first time and referred to the Committee on Education.

S. 454 -- Senator Thomas: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 10 SO AS TO ENACT THE HOSPITAL FAIR PRICING ACT, TO DEFINE TERMS, TO ALLOW ACUTE CARE HOSPITALS TO PURCHASE SERVICES FROM SOLE PROVIDER HOSPITALS AT A CERTAIN RATE, AND TO PROVIDE A CAUSE OF ACTION AND INJUNCTIVE RELIEF FOR VIOLATIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO PROVIDE THAT THE PLAN MUST CONTAIN A POLICY STATEMENT REQUIRING ACCESS TO HEALTH CARE SERVICES BY A PROVIDER SO THAT THE PROVIDER MAY OFFER THESE SERVICES ON A COMPETITIVE BASIS, WHERE COMPETITION IS PERMITTED; AND TO REQUIRE IN THE PLAN STANDARDS TO ENFORCE THIS POLICY AND STANDARDS FOR PREVENTING EXERCISE OF OR DAMAGES FROM A MARKET POWER RESULTING FROM THE EXISTENCE OF THE CERTIFICATE OF NEED PROGRAM.

Read the first time and referred to the Committee on Medical Affairs.

S. 455 -- Senator Thomas: A BILL TO AMEND TITLE 44, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH

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COMMISSION AND TO TRANSFER THE POWERS AND DUTIES OFTHE COMMISSION TO THE DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH AND TO REVISE THESE POWERS AND DUTIES; TO AMEND TITLE 44, CHAPTER 11, RELATING TO THE ORGANIZATION AND CONTROL OF STATE MENTAL HEALTH FACILITIES, SO AS TO ESTABLISH THE WILLIAM S. HALL PSYCHIATRIC INSTITUTE AS THE REGIONAL PSYCHIATRIC HOSPITAL FOR CERTAIN MENTAL HEALTH CENTERS AND TO CHANGE REFERENCES FROM THE COMMISSION TO THE DIRECTOR; TO AMEND SECTION 44-15-60, AS AMENDED, RELATING TO THE ESTABLISHMENT AND COMPOSITION OF COMMUNITY MENTAL HEALTH CENTER BOARDS, SO AS TO ESTABLISH REGIONAL BOARDS; TO AMEND SECTION 44-15-70, RELATING TO POWERS OF COMMUNITY MENTAL HEALTH CENTER BOARDS, SO AS TO REVISE THESE POWERS; AND TO AMEND SECTION 44-52-5, RELATING TO STATE POLICY FOR THE TREATMENT OF CHEMICAL DEPENDENCE, SO AS TO TRANSFER ALL POWERS, DUTIES, PROPERTY, PERSONNEL, AND FINANCIAL RESOURCES FOR THE TREATMENT OF INDIVIDUALS WITH CHEMICAL ADDICTIONS TO THE DEPARTMENT OF MENTAL HEALTH.

Read the first time and referred to the Committee on Medical Affairs.

S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.

Read the first time and referred to the Committee on Judiciary.

S. 457 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Read the first time and referred to the Committee on Judiciary.

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S. 458 -- Senator Ford: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS, LOCATIONS, AND TERRITORIAL JURISDICTIONS, SO AS TO PROVIDE THAT THE SENATORS REPRESENTING THE COUNTY FROM WHICH A MAGISTRATE IS APPOINTED, RATHER THAN THE COUNTY GOVERNING BODY, SHALL DETERMINE THE NUMBER OF HOURS REQUIRED FOR EACH MAGISTERIAL POSITION AND THE AREA OF THE COUNTY TO WHICH EACH MAGISTERIAL POSITION SHALL BE ASSIGNED.

Read the first time and referred to the Committee on Judiciary.

S. 459 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-25 SO AS TO PROVIDE THAT AN ATTORNEY AT LAW RESIDING IN THIS STATE AND LICENSED TO PRACTICE LAW IN THIS STATE UPON HIS REQUEST SHALL BE PLACED ON INACTIVE STATUS WITH THE SOUTH CAROLINA STATE BAR IF HE MOVES HIS PRINCIPAL RESIDENCE TO ANOTHER STATE, AND TO PROVIDE FOR A REDUCED ANNUAL LICENSE FEE AND NO CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEYS IN THIS INACTIVE STATUS.

Senator ROSE spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 460 -- Senators Peeler, Leventis, Land and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO

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PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

| Printed Page 450, Feb. 2 | Printed Page 470, Feb. 7 |
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