Former state Rep. Mark Kelley admits he's in touchy territory discussing the school starting date with a current member of the state House or Senate.

But Kelley insists he isn't lobbying, which he can't do legally until he's been out of office for a year.

The Myrtle Beach Republican has been in the Capitol almost every week so far during the legislative session as a consultant to a registered lobbying firm.

The firm, which includes Will McCain, Angela Smith Owens and Kelley, is representing Horry County Schools, Coastal Carolina University and seven other clients.

Kelley has been talking with Rep. Ronny Townsend, chairman of the House Education and Public Works Committee, about the uniform school starting date issue.

Townsend said Kelley is not lobbying him.

"He is just trying to resolve this thing," said Townsend, R-Anderson. "I think Mark is a very valuable resource to all of us."

Townsend said he couldn't precisely explain the difference between Kelley talking to him about the issue, and lobbying.

"[Townsend] talks about good ideas," Kelley said. "I talk about good ideas. ... We have the conversations, but when push comes to shove on these issues, I won't be involved in it.

"We're getting close to that line that you cannot step over," he said. "[But] I will not step over that line."

Robert Barber, a lobbyist who is a former House member, said the subject of proper contact is often discussed among lobbyists, especially when they see former legislators such as Kelley around before their year is up.

Some think the former legislators have an advantage over them and they resent it, he said.

"I don't know how you enforce it," Barber said. "You can't tell them they can't come to the Statehouse."

The law, which took effect in January 1992, has never been enforced against anyone, said Cathy Hazelwood, attorney for the state Ethics Commission.

The agency would not take action against a former legislator unless someone complained, and she could find no record of anyone doing so.

Rep. Becky Richardson, chairwoman of the House Ethics Committee, said the law was part of lobbyist reform passed in 1991 after a vote-buying scandal.

The reason for the rule, said Richardson, R-Fort Mill, was to stop the practice of lobbying firms immediately hiring former legislators to use their influence and gain an edge over other firms, or luring them away from the legislature with high salary offers.

Legislators thought there should be more time off between legislating and lobbying, but it is common for former legislators to take consultant jobs for the first year, then officially hit the lobby, she said.

Richardson said lobbyists try to persuade legislators to vote a certain way. Kelley talking to Townsend is not a violation of the rule, she said.

Barber said he thinks the difference is in whether a consultant advocates for or against a proposed law.

House Ways and Means Committee Chairman Rep. Bobby Harrell, R-Charleston, said he has no qualms about Kelley working with legislators.

As long as Kelley doesn't ask legislators to do something for his clients, he's not lobbying, Harrell said.

"I think what he's doing is he's up here keeping his relationships strong," Harrell said. "It would be beneficial to Horry County."