South Carolina General Assembly
120th Session, 2013-2014
Journal of the Senate

Wednesday, January 23, 2013
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In the simple but powerful story of the Prodigal Son we read:

"The son said to him, 'Father, I have sinned against heaven and against you. I am no longer worthy to be called your son'."
(Luke 15:21)

Loving and Gracious God, time and again do most of us find ourselves stumbling into sin as we make our way along day by day. We strive to be more than we sometimes are, yet our very humanness so often works against us. As we are reminded in the story of the Prodigal, however, You, our gracious Father, are ever-present, always loving, ready to lift us children to our feet and to set us on our way again -- hopefully with lessons learned. We thank You. And above all else, may these Senators -- may each staff member -- always feel strengthened and encouraged in their efforts on behalf of the people of this State. We pray this in Your loving name, O Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator TURNER introduced Dr. Jay Motley of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator SETZLER, at 3:00 P.M., Senator SHEHEEN was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator PEELER, at 3:00 P.M., Senator CAMPBELL was granted a leave of absence for the balance of the day.

Privilege of the Chamber and Floor

On motion of Senator LARRY MARTIN, the Privilege of the Chamber and Floor was granted to Ms. Amy Johnson McLester of Camden, S.C., to recognize and commend her for her service on the Judicial Merit Selection Commission and to extend the Senate's best wishes upon her retirement.

S. 165 (Word version)     Sen. Grooms

H. 3071 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, JANUARY 30, 2013, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE ON JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 14, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 15, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 16, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 1, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 2, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 3, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 4, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 5, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 6, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2013.

Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Judiciary.

The Concurrent Resolution was recalled from the Committee on Judiciary.

Senator LARRY MARTIN asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question then was the adoption of the Concurrent Resolution.

On motion of Senator LARRY MARTIN, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House with concurrence.

RECALLED AND COMMITTED

S. 8 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 47-3-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO TRAINED LAW ENFORCEMENT DOGS IN THE PERFORMANCE OF OFFICIAL DUTIES OR DOGS ACTING IN DEFENSE OF A PERSON; AND TO AMEND CHAPTER 23, TITLE 23 BY ADDING SECTION 23-23-140, RELATING TO PATROL CANINE TEAMS.

Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection and the Bill was recalled from the Committee on Agriculture and Natural Resources.

On motion of Senator LARRY MARTIN, with unanimous consent, the Bill was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 266 (Word version) -- Senators Gregory, Hayes, Davis, Sheheen, Lourie and Hembree: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JUNE 30, 2016, THE COMMISSION ON HIGHER EDUCATION AND THE PRESIDENTS OF PUBLIC COLLEGES AND UNIVERSITIES SHALL SUPPORT THE EFFORTS OF THE GENERAL ASSEMBLY TO ESTABLISH ACCOUNTABILITY-BASED FUNDING FOR PUBLIC COLLEGES AND UNIVERSITIES.
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Read the first time and referred to the Committee on Education.

S. 267 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-490 SO AS THE CREATE THE OFFENSES OF MAIL FRAUD AND WIRE FRAUD AND TO PROVIDE PENALTIES FOR THE OFFENSES.
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Read the first time and referred to the Committee on Judiciary.

S. 268 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).
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Read the first time and referred to the Committee on Judiciary.

S. 269 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 19-11-50 RELATING TO THE PROHIBITION AGAINST THE TESTIMONY OF A DEFENDANT BEING USED AGAINST HIM IN ANOTHER CRIMINAL CASE.
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Read the first time and referred to the Committee on Judiciary.

S. 270 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTIONS 14-7-1110, AS AMENDED, AND 14-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES FOR THE DEFENDANT AND THE STATE IN A CRIMINAL CASE.
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Read the first time and referred to the Committee on Judiciary.

S. 271 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTION 16-3-29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ATTEMPTED MURDER, SO AS TO REMOVE THE INTENT TO KILL REQUIREMENT FROM THE PURVIEW OF THE OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 272 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT AND SENTENCING FOR MURDER, SO AS TO PROVIDE FOR MANDATORY LIFE IMPRISONMENT WHEN THE STATE SEEKS A LIFE SENTENCE FOR A MURDER COMMITTED WITH CERTAIN OTHER DESIGNATED OFFENSES OR UNDER CERTAIN FURTHER DELINEATED CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 273 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTION 16-3-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO REDEFINE THE TERM "MODERATE BODILY INJURY" AND TO INCLUDE INJURY TO ANOTHER PERSON WHEN THE ACT IS ACCOMPLISHED BY THE USE OF A DEADLY WEAPON IN THE PURVIEW OF THE OFFENSES OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AND ASSAULT AND BATTERY IN THE FIRST DEGREE.
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Read the first time and referred to the Committee on Judiciary.

S. 274 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 16-13-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERING, TAMPERING WITH, OR BYPASSING ELECTRIC, GAS, OR WATER METERS, SECTION 58-7-60, RELATING TO THE UNLAWFUL APPROPRIATION OF GAS, AND SECTION 58-7-70, RELATING TO THE WRONGFUL USE OF GAS AND INTERFERENCE WITH GAS METERS, ALL SO AS TO RESTRUCTURE THE PENALTIES AND PROVIDE GRADUATED PENALTIES FOR VIOLATIONS OF THE STATUTES.
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Read the first time and referred to the Committee on Judiciary.

S. 275 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTION 23-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OR ASSIGNMENT OF A MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER TO A MULTIJURISDICTIONAL TASK FORCE, SO AS TO MAKE A TECHNICAL CHANGE, DELETE THE PROVISION THAT REQUIRES A COUNTY OR MUNICIPALITY THAT SENDS AN OFFICER TO ANOTHER COUNTY OR MUNICIPALITY TO BE REIMBURSED FOR SERVICES BY THE COUNTY OR MUNICIPALITY TO WHICH THE OFFICER IS TRANSFERRED OR ASSIGNED, AND TO PROVIDE THAT THE GOVERNING BODIES OF THE POLITICAL SUBDIVISIONS AFFECTED BY THIS PROVISION MUST BE NOTIFIED BY THEIR LAW ENFORCEMENT DIVISIONS OF ANY MULTIJURISDICTIONAL TASK FORCE AGREEMENT EXECUTION AND TERMINATION.
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Read the first time and referred to the Committee on Judiciary.

S. 276 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 16-23-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE CARRYING A FIREARM INTO A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE WHEN A SIGN IS POSTED PROHIBITING CONCEALABLE WEAPONS, REFUSING TO LEAVE OR REMOVE THE FIREARM FROM THE PREMISES WHEN ASKED, AND WHILE CONSUMING ALCOHOLIC LIQUORS, BEER, OR WINE, AND TO REVISE THE PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 277 (Word version) -- Senators Leatherman and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "MUSIC THERAPY PRACTICE ACT"; TO REGULATE THE PRACTICE OF MUSIC THERAPY; TO PROVIDE CERTAIN DEFINITIONS; TO CREATE THE SOUTH CAROLINA MUSIC THERAPY ADVISORY GROUP TO ASSIST THE DIRECTOR OF THE DEPARTMENT IN REGULATION OF THE PROFESSION OF MUSIC THERAPY; TO PROHIBIT THE PRACTICE OF MUSIC THERAPY WITHOUT A LICENSE; TO PROVIDE CRITERIA FOR LICENSURE; AND TO PROVIDE FOR THE USE OF A PROFESSIONAL DESIGNATION, AMONG OTHER THINGS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 278 (Word version) -- Senator Malloy: A BILL TO AMEND CHAPTER 47, TITLE 40 OF THE 1976 CODE, RELATING TO PHYSICIANS AND MISCELLANEOUS HEALTHCARE PROFESSIONALS, BY ADDING 40-47-37 TO PROVIDE THAT PHYSICIANS MUST BE A MEMBER OF THE SOUTH CAROLINA MEDICAL ASSOCIATION TO PRACTICE MEDICINE IN THIS STATE.
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Senator MALLOY spoke on the Bill.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 279 (Word version) -- Senators Grooms, Gregory, Ford, Bright, Bryant, Hembree, Campsen, Shealy, Davis, Corbin, Peeler, Thurmond, Campbell, Fair, Verdin and Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1145 SO AS TO AUTHORIZE A DEDUCTION FROM STATE OF SOUTH CAROLINA TAXABLE INCOME UP TO SPECIFIED AMOUNTS FOR TUITION PAID BY A PARENT OR LEGAL GUARDIAN FOR THEIR CHILD OR WARD TO ATTEND AN INDEPENDENT SCHOOL OR A PUBLIC SCHOOL OUTSIDE THE CHILD'S OR WARD'S SCHOOL DISTRICT OF RESIDENCE, AND TO ALSO AUTHORIZE A SIMILAR INCOME TAX DEDUCTION UP TO A SPECIFIED AMOUNT TO A PARENT OR LEGAL GUARDIAN FOR HOME SCHOOL EXPENDITURES; AND BY ADDING SECTION 12-6-1146 SO AS TO AUTHORIZE A CREDIT AGAINST A TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY OR CERTAIN OTHER TAX LIABILITY FOR CONTRIBUTIONS MADE TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE GRANTS FOR CHILDREN WHO ARE ELIGIBLE FOR THE FEDERAL FREE OR REDUCED SCHOOL LUNCH PROGRAM, WHO ARE "EXCEPTIONAL NEEDS" CHILDREN, OR WHOSE FAMILIES MEET THE REQUIREMENTS FOR FEDERAL MEDICAID BENEFITS TO ATTEND INDEPENDENT SCHOOLS OF THEIR CHOICE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF THESE TAX CREDITS.
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Senator GROOMS spoke on the Bill.

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

S. 280 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO CONGRATULATE ELOISE JENKINS EDWARDS ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
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S. 281 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF LIEUTENANT LARRY GENE ELLIOTT OF BRUNSON AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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S. 282 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO CONGRATULATE BEATRICE FORD HUGEE ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
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S. 283 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF HAROLD PITTMAN OF JASPER COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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S. 284 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-2100 SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESS ESTABLISHMENTS, PROVIDE THE LANGUAGE FOR THE POSTING, AND PROVIDE A PENALTY FOR FAILURE TO POST.
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Read the first time and referred to the Committee on Judiciary.

S. 285 (Word version) -- Senators Grooms, Bright and Verdin: A BILL TO AMEND CHAPTER 31, TITLE 23 OF THE 1976 CODE, BY ADDING ARTICLE 9 TO ENACT THE "SOUTH CAROLINA FIREARMS LIBERTY ACT", TO PROVIDE THAT A FIREARM, FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN SOUTH CAROLINA IS EXEMPT FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES, TO PROVIDE THAT ANY FEDERAL LAW TO RESTRICT THE OWNERSHIP OR MANUFACTURE OF A FIREARM PURSUANT TO THIS ARTICLE MAY NOT BE ENFORCED BY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICIALS, AND TO PROVIDE FOR PENALTIES FOR FEDERAL OFFICIALS SEEKING TO ENFORCE FEDERAL LAW CONTRARY TO THE PROVISIONS OF THIS CHAPTER; AND TO AMEND CHAPTER 31, TITLE 23, BY ADDING ARTICLE 11 TO PROVIDE THAT FEDERAL ACTION TO RESTRICT OWNERSHIP OF A SEMI-AUTOMATIC FIREARM OR MAGAZINE OF ANY FIREARM, OR THE REGISTRATION OF A FIREARM OR MAGAZINE, IS UNENFORCEABLE IN SOUTH CAROLINA.
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Read the first time and referred to the Committee on Judiciary.

S. 286 (Word version) -- Senators Cleary, Campbell, Campsen and Verdin: A BILL TO AMEND CHAPTER 96, TITLE 44 OF THE 1976 CODE, BY ADDING SECTION 44-96-195, TO PROVIDE THAT A RECOVERED MATERIALS PROCESSING FACILITY SHALL REGISTER WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REPORT ANNUALLY TO THE DEPARTMENT, AND PROVIDE FINANCIAL RESPONSIBILITY MECHANISMS FOR CLOSURE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 287 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO CONGRATULATE LILLIAN JONES DENNIS OF RICHLAND COUNTY, UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3293 (Word version) -- Reps. Norman, Felder and Long: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE IN YORK COUNTY THAT CROSSES INTERSTATE HIGHWAY 77 ALONG SUTTON ROAD THE "PATRIOT LEONARD A. FARRINGTON 9/11 MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOT LEONARD A. FARRINGTON 9/11 MEMORIAL BRIDGE".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3370 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MASON GATES, A STUDENT AT AYNOR HIGH SCHOOL IN HORRY COUNTY, AND TO CONGRATULATE HIM FOR WINNING THE SOUTH CAROLINA EDUCATION OVERSIGHT COMMITTEE'S INNOVATION VIDEO 2012 GOLD AWARD.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3377 (Word version) -- Rep. Hodges: A CONCURRENT RESOLUTION TO CONGRATULATE CAPERS SMALLS OF COLLETON COUNTY, UPON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3385 (Word version) -- Reps. Felder, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR KEN KERBER, FIRE CHIEF OF THE FORT MILL FIRE DEPARTMENT, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-FIVE YEARS OF OUTSTANDING SERVICE AS A FIREFIGHTER IN THE PALMETTO STATE, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEE

Senator MASSEY from the Committee on Judiciary submitted a favorable with amendment report on:

Ordered for consideration tomorrow.

Appointment Reported

Senator SCOTT from the Committee on Judiciary submitted a favorable report on:
Initial Appointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2008, and to expire June 30, 2014
At-Large:

Aisha K. Taylor, 156 Seaton Ridge Drive, Blythewood, SC 29016 VICE Derrick L. Williams

HOUSE CONCURRENCES

The following Resolutions were returned from the House with concurrence and received as information:

S. 255 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO CONGRATULATE COMMAND SERGEANT MAJOR THOMAS L. BROWN OF THE SOLDIER SUPPORT INSTITUTE UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR MORE THAN THIRTY YEARS OF DISTINGUISHED SERVICE TO OUR STATE AND NATION, AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS AND FULFILLMENT IN THE YEARS TO COME.

S. 263 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Ford, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SOUTH CAROLINA NATIVE HALLIE BRYANT ON HIS MULTIFACETED CAREER AS A WORLD FAMOUS HARLEM GLOBETROTTER, HIGH SCHOOL AND COLLEGIATE BASKETBALL STANDOUT, TEAM ADMINISTRATOR, AUTHOR, AND MOTIVATIONAL SPEAKER, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 91 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING AND TAKING OF ANTLERED DEER, SO AS TO DELETE A PROHIBITION ON BAITING DEER IN GAME ZONES 1 AND 2.

Senator GREGORY spoke on the Bill.

Recorded Vote

Senators VERDIN, BRIGHT, THURMOND, MATTHEWS, MASSEY, TURNER, McELVEEN and LARRY MARTIN desired to be recorded as voting against the third reading of the Bill.

S. 165 (Word version) -- Senators Campsen and Grooms: A BILL TO AMEND SECTION 50-15-65 OF THE 1976 CODE, RELATING TO MANAGEMENT AND CONTROL OF ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR A HUNTING SEASON OF ALLIGATORS ON PRIVATE LAND FROM SEPTEMBER FIRST THROUGH MAY THIRTY-FIRST.

SENT TO THE HOUSE

S. 2 (Word version) -- Senators Campsen, L. Martin, Cromer, Hayes and Grooms: A BILL TO ESTABLISH THE "EQUAL ACCESS TO THE BALLOT ACT", BY AMENDING SECTION 8-13-1356, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTERESTS BY A CANDIDATE, TO PROVIDE THAT A CANDIDATE WHO IS NOT A PUBLIC OFFICIAL AND A CANDIDATE WHO IS A PUBLIC OFFICIAL SHALL ELECTRONICALLY FILE OR UPDATE A STATEMENT OF ECONOMIC INTERESTS, AS APPLICABLE, PRIOR TO FILING A STATEMENT OF INTENTION OF CANDIDACY OR NOMINATION FOR PETITION; TO AMEND SECTION 7-11-15, TO PROVIDE THAT THE FILING PERIOD RUNS FROM MARCH TWENTY-THIRD TO MARCH THIRTIETH, TO REQUIRE THAT THE PARTY EXECUTIVE COMMITTEE NOT ACCEPT A STATEMENT OF INTENTION OF CANDIDACY UNLESS THE COMMITTEE VERIFIES THAT THE CANDIDATE FILED AN ELECTRONIC STATEMENT OF ECONOMIC INTEREST, AND TO PROVIDE THAT INTENTIONS OF CANDIDACY ARE TO BE SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION BY NOON ON THE FIFTH DAY AFTER THE FILING DEADLINE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 7 (2R003.GM) proposed by Senator MALLOY and previously printed in the Journal of Tuesday, January 22, 2013.

Amendment No. 7

Senator MALLOY proposed the following Amendment No. 7 (2R003.GM), which was carried over and subsequently withdrawn:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-12.   (A)   Prior to the beginning of filing for the 2014 General election, the State Ethics Commission and the State Election Commission must provide for a system of electronic filing of statements of intention of candidacy that applies to every person filing for public office.

(B)   The electronic statement of intention of candidacy must:

(1)   provide a method for the person to enter all the information necessary to demonstrate that the candidate meets the required qualifications for office and to electronically endorse an affirmation that the candidate meets, or will meet, the qualifications by the time of the general election;

(2)   include a method for the person to designate the candidate's party affiliation and electronically endorse the party pledge required by Section 7-11-210, if the candidate is seeking nomination by political party primary or political party convention; and

(3)   provide a method for the person to enter all the information required by the statement of economic interests pursuant to Section 8-13-1110. A person required to file an updated statement of economic interests pursuant to Section 8-13-1140 will be deemed to have satisfied the requirements of that section by filing an electronic statement of intention of candidacy during a filing period that closes prior to April 15th.

(B)   The system of electronic filing must also provide a means for the person to pay the required filing fee online prior to submitting the candidate's statement of intention of candidacy. The methods of payment must include payment by credit card, debit card, and electronic bank account draft. The filing fees must be automatically deposited in a special account designated for use by the State Election Commission to conduct primary elections and must be used for that purpose.

(C)   A person must complete the filing required by this section:

(1)   prior to the close of the any filing period established in this title for a person seeking nomination by political party primary or political party convention;

(2)   prior to submitting a petition for nomination pursuant to Section 7-11-70 or 7-11-71;

(3)   prior to the close of the filing period for a nonpartisan office;

(3)   for a write-in candidate, within twenty-four hours of filing an initial campaign finance report pursuant to Section 8-13-1308(A) or prior to taking the oath of office, whichever is sooner;

(4)   prior to any other filing period established by law for the particular office sought.

(D)   The commissions must provide for the filing of the electronic statement of intention of candidacy on the State Ethics Commission's website, but the State Election Commission must provide a link in a conspicuous place on its website that directs a person to the place on the State Ethic Commission's website where the person may file. The State Election Commission and the county election commissions must have real time access to the filings for offices over which the respective commissions have jurisdiction. The State Ethics Commission must make the information required to be filed by this section publicly accessible, searchable, and transferable in the same manner as other disclosures and reports filed pursuant to Section 8-13-365.

(E)   At the close of any filing period for persons seeking nomination by political party primary or political party convention, the State Ethics Commission must transmit the electronic filings to the appropriate political party executive committee for certification required by Sections 7-13-40 and 7-13-350, as applicable. The party executive committee shall not refuse to certify a person for any error or omission in the electronic filing required by this section that does not directly relate to a constitutional or statutory qualification.

(F)   Beginning with the 2014 General Election, the method of electronic filing of statements of intention of candidacy and the payment of filing fees established pursuant to this section supersede any other method required or provided by law. This section does not supersede any filing periods or deadlines provided by law and a person seeking a particular office must comply with the filing requirements provided by this section prior to the close of the filing period or deadline established for the particular office.

(G)   Any electronic endorsement or affirmation required by this section is as binding and carries the same force and effect of law as a physical signature."

SECTION   2.   Section 7-11-15 of the 1976 Code is amended to read:

"Section 7-11-15.   Beginning with the 2014 General Election, in order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy as provided in Section 7-11-12 between noon on March sixteenth and noon on March thirtieth.

(1)   Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy with the state executive committee of their respective party.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.

Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the County Election Commission or State Election Commission, as the case may be, pursuant to Section 7-11-12 by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed a statement of intention of candidacy pursuant to Section 7-11-12.

The statement of intention of candidacy required in this section and in Section 7-13-190(B) must conform to the requirements of Section 7-11-12 be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought and must be electronically endorsed in the manner provided by Section 7-11-12. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."

SECTION   3.   Sections 7-11-45 and 8-13-1356 are repealed effective March 1, 2014.

SECTION   4.   In order to educate various parties regarding the provisions contained in this act, the following notifications must be made:

(1)   The State Election Commission must notify each county election commission of the provisions of this act.

(2)   The State Election Commission must post the provisions of this act on its website.

(3)   Each state party executive committee must notify their respective county executive parties of the provisions of this act.

SECTION   5.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of election reform as stated in the title. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act.

SECTION   6.   The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   7.   This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

On motion of Senator MALLOY, with unanimous consent, Amendment No. 7 was carried over and subsequently withdrawn.

Amendment No. 8A

Senators LARRY MARTIN and CAMPSEN proposed the following Amendment No. 8A (JUD0002.028), which was adopted:

Amend the bill, as and if amended, by striking lines 22-28 on page 2 and inserting:

/   (B)   Except as provided herein, the county executive committee of any political party election commission with whom statements of intention of candidacy are filed must file, in turn, provide a copy of all statements of intention of candidacy with the county election commission by noon on the tenth to the appropriate political party executive committee within two days following the deadline for filing statements by candidates. If the tenth second day falls on   /

Amend the bill further, as and if amended, by striking lines 4-8 on page 3 and inserting:

/   statement of intention of candidacy. An error or omission by a person seeking to qualify as a candidate pursuant to this section that is not directly related to a constitutional or statutory qualification for that office must be construed in a manner that favors the person's access to the ballot.     /

Amend the bill further, as and if amended, by striking lines 26-30 on page 6 and inserting:

/   "Section 8-13-365.   (A)   The commission shall establish a system of electronic filing for all disclosures and reports required pursuant to Chapter 13, Title 8, and Chapter 17, Title 2 from all persons and entities subject to its jurisdiction except for forms and reports required pursuant to Article 9, Chapter 13, Title 8. These   /

Amend the bill further, as and if amended, by striking SECTION 7, beginning on line 24 on page 7 and inserting:

/   "Section 7-11-210.   Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the treasurer of the state committee state chairman or his designee by twelve o'clock noon on March thirtieth a notice or party pledge in the following form, the blanks being properly filled in and the notice or party pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.

Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman of the county in which the candidate resides, or the chairman's designee, or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and party pledge.

The notice of candidacy party pledge required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or his designee. A copy of the signed party pledge must be returned to the candidate along with a receipt for any filing fee collected pursuant to Section 7-13-40 or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. The receipt for a filing fee must have the the date and time the fee was collected. Any notice of candidacy party pledge of any candidate signed by an agent in behalf of a candidate shall not be valid.

In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."     /

Amend the bill further, as and if amended, by striking SECTION 8, beginning on line 39 on page 8, and inserting:

/   "Section 7-11-220.     Every candidate for selection in a primary election as the nominee of a political party for the office of State Senator shall file with and place in the possession of the county chairman of the county in which he resides, or the county chairman's designee, or such other officer as may be named by the county committee of the county in which he resides, at the same time as those wishing to offer for nomination in such primary for countywide or less than countywide office, a notice or party pledge as required by Section 7-11-210."     /

Renumber sections to conform.

Amend title to conform.

Senator LARRY MARTIN explained the amendment.

Amendment No. 9

Senators LOURIE and McELVEEN proposed the following Amendment No. 9 (2MW10), which was carried over and subsequently withdrawn:

Amend the bill, as and if amended, page 5, by striking SECTION 4 in its entirety and inserting the following:

/ SECTION   4.   Section 7-13-45 of the 1976 Code is amended to read:

"Section 7-13-45.   In every general election year, the county chairman shall:

(1)   designate a specified place other than a private residence where persons may file a statement of intention of candidacy;     (2)   designate a specified place other than a private residence where persons may file as candidates;

Section 7-13-45. (1) In every general election year, the county election commission of residence or the State Election Commission as applicable will be designated as the specified place a candidate's filing fee will be accepted. The commission shall also provide for the signing of the party pledge as provided by Section 7-11-210. The county election commission director, or his designee, shall collect filing fees and provide for the signing of the party pledge at the times established pursuant to this section and shall transmit the fees and pledges to the county party chairman at the conclusion of the filing period for certification.

(2)   designate a specified place other than a private residence where persons may file as candidates;

(2)(3)   establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he or some person he designates must be present at the designated place to accept filings filing fees and provide for the signing of the party pledge;

(4)(2)   The county election commission or State Election Commission where applicable must place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings, accept filing fees and the signing of the party pledge./

Further amend the bill, as and if amended, page 7, by striking lines 28-29 and inserting the following:

/   place in the possession of the treasurer of the state committee county election commission or if applicable State Election Commission by twelve o'clock noon on March   /

Further amend the bill, as and if amended, page 8, by striking lines 41-42 and inserting the following:

/ Senator shall file with and place in the possession of the county election commission chairman of the county in which he resides, or such   /

Renumber sections to conform.

Amend title to conform.

On motion of Senator LOURIE, with unanimous consent, the amendment was carried over and subsequently withdrawn.

RECESS

At 2:47 P.M., on motion of Senator LARRY MARTIN, the Senate receded from business subject to the Call of the PRESIDENT.

At 3:26 P.M., the Senate resumed.

Amendment No. 10

Senator MALLOY proposed the following Amendment No. 10 (2R004.GM), which was previously carried over and subsequently not adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-12.   (A)   Prior to the beginning of filing for the 2014 General election, the State Ethics Commission and the State Election Commission must provide for a system of electronic filing of statements of intention of candidacy that applies to every person filing for public office.

(B)   The electronic statement of intention of candidacy must:

(1)   provide a method for the person to enter all the information necessary to demonstrate that the candidate meets the required qualifications for office and to electronically endorse an affirmation that the candidate meets, or will meet, the qualifications by the time of the general election or at such other time as required by law;

(2)   include a method for the person to designate the candidate's party affiliation and electronically endorse the party pledge required by Section 7-11-210, if the candidate is seeking nomination by political party primary or political party convention; and

(3)   provide a method for the person to enter all the information required by the statement of economic interests pursuant to Section 8-13-1110. A person required to file an updated statement of economic interests pursuant to Section 8-13-1140 will be deemed to have satisfied the requirements of that section by filing an electronic statement of intention of candidacy during a filing period that closes prior to April 15th.

(B)   The system of electronic filing must also provide a means for the person to pay the required filing fee online prior to submitting the candidate's statement of intention of candidacy. The methods of payment must include payment by credit card, debit card, and electronic check. The filing fees must be automatically deposited in a special account designated for use by the State Election Commission to conduct primary elections and must be used for that purpose.

(C)   A person must complete the filing required by this section:

(1)   prior to the close of the any filing period established in this title for a person seeking nomination by political party primary or political party convention;

(2)   prior to submitting a petition for nomination pursuant to Section 7-11-70 or 7-11-71;

(3)   prior to the close of the filing period for a nonpartisan office;

(3)   for a write-in candidate, within twenty-four hours of filing an initial campaign finance report pursuant to Section 8-13-1308(A) or prior to taking the oath of office, whichever is sooner;

(4)   prior to any other filing period established by law for the particular office sought.

(D)   The commissions must provide for the filing of the electronic statement of intention of candidacy on the State Election Commission's website, but the State Ethics Commission must provide a link in a conspicuous place on its website that directs a person to the place on the State Election Commission's website where the person may file. The county election commissions must have real time access to the filings for offices over which the respective commissions have jurisdiction. The commissions must make the information required to be filed by this section publicly accessible, searchable, and transferable in the same manner as other disclosures and reports filed pursuant to Section 8-13-365.

(E)   At the close of any filing period for persons seeking nomination by political party primary or political party convention, the State Election Commission must transmit the electronic filings to the appropriate political party executive committee for certification required by Sections 7-13-40 and 7-13-350, as applicable. The party executive committee shall not refuse to certify a person for any error or omission in the electronic filing required by this section that does not directly relate to a constitutional or statutory qualification.

(F)   Beginning with the 2014 General Election, the method of electronic filing of statements of intention of candidacy and the payment of filing fees established pursuant to this section supersede any other method required or provided by law. This section does not supersede any filing periods or deadlines provided by law and a person seeking a particular office must comply with the filing requirements provided by this section prior to the close of the filing period or deadline established for the particular office.

(G)   Any electronic endorsement or affirmation required by this section is as binding and carries the same force and effect of law as a physical signature."

SECTION   2.   Section 7-11-15 of the 1976 Code is amended to read:

"Section 7-11-15.   In Beginning with the 2014 General Election, in order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy as provided in Section 7-11-12 between noon on March sixteenth and noon on March thirtieth.

(1)   Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy with the state executive committee of their respective party.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.

Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the County Election Commission or State Election Commission, as the case may be, pursuant to Section 7-11-12 by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed a statement of intention of candidacy pursuant to Section 7-11-12.

The statement of intention of candidacy required in this section and in Section 7-13-190(B) be on a form designed and provided by the State Election Commission must conform to the requirements of Section 7-11-12. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought and must be electronically endorsed in the manner provided by Section 7-11-12. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."

SECTION   3.   Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40.   In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth the second day following the transmission of candidates names pursuant to Section 7-11-12(E), or if the second day falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION   4.   Sections 7-13-45 and 8-13-1356 are repealed effective March 1, 2014.

SECTION   5.   In order to educate various parties regarding the provisions contained in this act, the following notifications must be made:

(1)   The State Election Commission must notify each county election commission of the provisions of this act.

(2)   The State Election Commission must post the provisions of this act on its website.

(3)   Each state party executive committee must notify their respective county executive parties of the provisions of this act.

SECTION   6.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of election reform as stated in the title. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act.

SECTION   7.   The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   8.   This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

On motion of Senator MALLOY, with unanimous consent, the amendment was carried over.

Amendment No. 11A

Senators CAMPSEN, MASSEY, LOURIE and McELVEEN proposed the following Amendment No. 11A (JUD0002.029), which was adopted:

Amend the bill, as and if amended, by SECTION 1, beginning on line 40 on page 1 and inserting:

/   "Section 7-11-15.   (A)   In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth as provided in this section.

(1)   Candidates Except as otherwise provided in this section, candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy, and party pledge and submit any filing fees with the state executive committee of their respective party State Election Commission.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy and party pledge and submit any filing fees with the county executive committee of their respective party election commission in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy and party pledge and submit any filing fees with the county executive committee of their respective party election commission in the county of their residence.

(B)   Except as provided herein, the county executive committee of any political party election commission with whom statements of intention of candidacy the documents in subsection (A) are filed must file, in turn, provide a copy of all statements of intention of candidacy, the party pledge, receipt with the county election commission by noon on the tenth and filing fees, to the appropriate political party executive committee within two days following the deadline for filing statements by candidates. If the tenth second day falls on Saturday, Sunday, or a legal holiday, the statements statement of intention of candidacy, party pledge, and filing fee must be filed by noon the following day that is not a Saturday, Sunday, or legal holiday. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy and party pledge has not been filed with the County Election Commission or State Election Commission, as the case may be, as well as any filing fee, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy. An error or omission by a person seeking to qualify as a candidate pursuant to this section that is not directly related to a constitutional or statutory qualification for that office must be construed in a manner that favors the person's access to the ballot.

(C)   The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. It must be filed in triplicate by the candidate The candidate must file three signed copies and the political party committee election commission with whom it is filed must stamp it each copy with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be the appropriate political party executive committee.

(D)   The candidate must file three signed copies of the party pledge, as required pursuant to Section 7-11-210, and the election commission with whom it is filed must stamp each copy with the date and time received, return one copy to the candidate, and send one copy to the appropriate political party executive committee.

(E)   The candidate must sign a receipt for the filing fee, and the election commission with whom it is filed must stamp the receipt with the date and time the filing fee was received, provide one copy to the candidate and provide one copy to the appropriate political executive party. The filing fee must be made payable to the appropriate political party.

(F)   If, after the closing of the time for filing statements of intention of candidacy the documents required pursuant to this Section, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

(G)   The county chairman of a political party and the chairman of the state executive committee of a political may designate a person to observe the filings made at the election commission pursuant to this section.

(H)   The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."   /

To further amend the bill, as and if amended, by striking SECTION 2, beginning on line 42 on page 3 and inserting:

/   Section 7-11-55.   If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7-11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election.

If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by Section 7-13-190(D).

The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in Section 7-11-50.

In order to qualify as a candidate, the person must file his statement of intention of candidacy and party pledge and submit any filing fees in the manner provided in Section 7-11-15. A candidate must also file his statement of economic interests electronically with the State Ethics Commission pursuant to Section 8-13-1356(A).

Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section."     /

To further amend the bill, as and if amended, by striking SECTION 4, beginning on line 33, page 5 and inserting:

/   "Section 7-13-45.   (A)   In every general election year, the county chairman executive director of the State Election Commission and the director of each county election commission shall:

(1)   designate a specified place other than a private residence where persons may file a statement of intention of candidacy;

(2)   designate a specified place other than a private residence where persons may file as candidates;

(3)(1)   establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he the director or some person he designates must be present at the designated place to accept filings as required by Section 7-11-15;

(4)(2)   place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings."     /

To further amend the bill, as and if amended, by striking lines 26-30 on page 6 and inserting:

/   "Section 8-13-365.   (A)   The commission shall establish a system of electronic filing for all disclosures and reports required pursuant to Chapter 13, Title 8, and Chapter 17, Title 2 from all persons and entities subject to its jurisdiction except for forms and reports required pursuant to Article 9, Chapter 13, Title 8. These /

To further amend the bill, as and if amended, by striking lines 14-17 on page 10 and inserting:

/   (E)   All candidates seeking office must file statement of economic interest pursuant to Section 8-13-365 prior to the date of the election.

(F) The appropriate supervisory office shall access a civil penalty purusant to Section 8-13-1510 against a candidate who fails to timely file a statement of economic interests as required by this section.

(G)   No candidate shall take the oath of office or enter upon his official responsibilities unless he has complied with the provisions of this section.   /

To further amend the bill, as and if amended, by striking SECTION 7, beginning on line 24, page 7 and inserting:

/     "Section 7-11-210.   Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the treasurer of the state committee appropriate election commission, pursuant to Section 7-11-15 by twelve o'clock noon on March thirtieth a notice or party pledge in the following form, the blanks being properly filled in and the notice or party pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.

Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county chairman election commission of the county in which they reside or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.

The notice of candidacy party pledge required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath an individual authorized by the election commission director. Any notice of candidacy party pledge of any candidate signed by an agent in behalf of a candidate shall not be valid.

In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."     /

To further amend the bill, as and if amended, by striking SECTION 8, beginning on line 39 on page 8, and inserting:

/   "Section 7-11-220.     Every candidate for selection in a primary election as the nominee of a political party for the office of State Senator shall file with and place in the possession of the county chairman the election commission of the county in which he resides, or such other officer as may be named by the county committee of the county in which he resides, at the same time as those wishing to offer for nomination in such primary for countywide or less than countywide office, a notice or party pledge as required by Section 7-11-210."     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Amendment No. 12

Senator SCOTT proposed the following Amendment No. 12 (2MW.JS), which was withdrawn:

Amend the bill, as and if amended, page 9, by striking lines 18-20 and inserting the following:

/   files pursuant to Section 8-13-365 prior to noon on March thirteith a decleration of candiacy or petition for nomination. /

Further amend the bill, as and if amended, page 9, by striking Section 8-13-1356(E) and inserting the following:

/   (E) the county chairman, or his designee shall verify that statement of economic interests have been timely filed pursuant to this section prior to certifying any candidates."       /

Renumber sections to conform.

Amend title to conform.

Senator SCOTT explained the amendment.

On motion of Senator SCOTT, with unanimous consent, Amendment No. 12 was withdrawn.

Amendment No. 10

Senator MALLOY proposed the following Amendment No. 10 (2R004.GM), which was not adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-12.   (A)   Prior to the beginning of filing for the 2014 General election, the State Ethics Commission and the State Election Commission must provide for a system of electronic filing of statements of intention of candidacy that applies to every person filing for public office.

(B)   The electronic statement of intention of candidacy must:

(1)   provide a method for the person to enter all the information necessary to demonstrate that the candidate meets the required qualifications for office and to electronically endorse an affirmation that the candidate meets, or will meet, the qualifications by the time of the general election or at such other time as required by law;

(2)   include a method for the person to designate the candidate's party affiliation and electronically endorse the party pledge required by Section 7-11-210, if the candidate is seeking nomination by political party primary or political party convention; and

(3)   provide a method for the person to enter all the information required by the statement of economic interests pursuant to Section 8-13-1110. A person required to file an updated statement of economic interests pursuant to Section 8-13-1140 will be deemed to have satisfied the requirements of that section by filing an electronic statement of intention of candidacy during a filing period that closes prior to April 15th.

(B)   The system of electronic filing must also provide a means for the person to pay the required filing fee online prior to submitting the candidate's statement of intention of candidacy. The methods of payment must include payment by credit card, debit card, and electronic check. The filing fees must be automatically deposited in a special account designated for use by the State Election Commission to conduct primary elections and must be used for that purpose.

(C)   A person must complete the filing required by this section:

(1)   prior to the close of the any filing period established in this title for a person seeking nomination by political party primary or political party convention;

(2)   prior to submitting a petition for nomination pursuant to Section 7-11-70 or 7-11-71;

(3)   prior to the close of the filing period for a nonpartisan office;

(3)   for a write-in candidate, within twenty-four hours of filing an initial campaign finance report pursuant to Section 8-13-1308(A) or prior to taking the oath of office, whichever is sooner;

(4)   prior to any other filing period established by law for the particular office sought.

(D)   The commissions must provide for the filing of the electronic statement of intention of candidacy on the State Election Commission's website, but the State Ethics Commission must provide a link in a conspicuous place on its website that directs a person to the place on the State Election Commission's website where the person may file. The county election commissions must have real time access to the filings for offices over which the respective commissions have jurisdiction. The commissions must make the information required to be filed by this section publicly accessible, searchable, and transferable in the same manner as other disclosures and reports filed pursuant to Section 8-13-365.

(E)   At the close of any filing period for persons seeking nomination by political party primary or political party convention, the State Election Commission must transmit the electronic filings to the appropriate political party executive committee for certification required by Sections 7-13-40 and 7-13-350, as applicable. The party executive committee shall not refuse to certify a person for any error or omission in the electronic filing required by this section that does not directly relate to a constitutional or statutory qualification.

(F)   Beginning with the 2014 General Election, the method of electronic filing of statements of intention of candidacy and the payment of filing fees established pursuant to this section supersede any other method required or provided by law. This section does not supersede any filing periods or deadlines provided by law and a person seeking a particular office must comply with the filing requirements provided by this section prior to the close of the filing period or deadline established for the particular office.

(G)   Any electronic endorsement or affirmation required by this section is as binding and carries the same force and effect of law as a physical signature."

SECTION   2.   Section 7-11-15 of the 1976 Code is amended to read:

"Section 7-11-15.   In Beginning with the 2014 General Election, in order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy as provided in Section 7-11-12 between noon on March sixteenth and noon on March thirtieth.

(1)   Candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy with the state executive committee of their respective party.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy with the county executive committee of their respective party in the county of their residence. The county committees must, within five days of the receipt of the statements, transmit the statements along with the applicable filing fees to the respective state executive committees. However, the county committees must report all filings to the state committees no later than five p.m. on March thirtieth. The state executive committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy with the county executive committee of their respective party.

Except as provided herein, the county executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all statements of intention of candidacy with the county election commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. The state executive committee of any political party with whom statements of intention of candidacy are filed must file, in turn, all the statements of intention of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a legal holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy has not been filed with the County Election Commission or State Election Commission, as the case may be, pursuant to Section 7-11-12 by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed a statement of intention of candidacy pursuant to Section 7-11-12.

The statement of intention of candidacy required in this section and in Section 7-13-190(B) be on a form designed and provided by the State Election Commission must conform to the requirements of Section 7-11-12. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought and must be electronically endorsed in the manner provided by Section 7-11-12. It must be filed in triplicate by the candidate, and the political party committee with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county election commission or the State Election Commission, as the case may be.

If, after the closing of the time for filing statements of intention of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."

SECTION   3.   Section 7-13-40 of the 1976 Code is amended to read:

"Section 7-13-40.   In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth the second day following the transmission of candidates names pursuant to Section 7-11-12(E), or if the second day falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

SECTION   4.   Sections 7-13-45 and 8-13-1356 are repealed effective March 1, 2014.

SECTION   5.   In order to educate various parties regarding the provisions contained in this act, the following notifications must be made:

(1)   The State Election Commission must notify each county election commission of the provisions of this act.

(2)   The State Election Commission must post the provisions of this act on its website.

(3)   Each state party executive committee must notify their respective county executive parties of the provisions of this act.

SECTION   6.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of election reform as stated in the title. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act.

SECTION   7.   The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   8.   This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY resumed explaining the amendment.

Senator LARRY MARTIN spoke on the amendment.

The question then was the adoption of Amendment No. 10.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 18; Nays 25

AYES

Allen                     Bright                    Coleman
Hutto                     Jackson                   Johnson
Lourie                    Malloy                    Matthews
McElveen                  McGill                    Nicholson
Pinckney                  Reese                     Scott
Setzler                   Thurmond                  Williams

Total--18

NAYS

Alexander                 Bennett                   Bryant
Campsen                   Cleary                    Corbin
Courson                   Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Leatherman
Martin, Larry             Martin, Shane             Massey
O'Dell                    Peeler                    Rankin
Shealy                    Turner                    Verdin
Young

Total--25

Adoption of Amendment No. 10 failed.

The question then was the third reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 43; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campsen
Cleary                    Coleman                   Corbin
Courson                   Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
McElveen                  McGill                    Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Thurmond
Turner                    Verdin                    Williams
Young

Total--43

NAYS

Total--0

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

Statement by Senator CAMPBELL

I was unavoidably out of the Chamber at the time the vote was taken on S. 2, but, had I been present, I would have voted in support of the third reading of this Bill, as amended.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

S. 96 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 54-15-20 OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA, TO INCREASE THE NUMBER OF MEMBERS ON THE COMMISSION FROM SIX TO EIGHT.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 41; Nays 1

AYES

Alexander                 Allen                     Bennett
Bright                    Campsen                   Cleary
Coleman                   Corbin                    Cromer
Davis                     Fair                      Ford
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Bryant

Total--1

The Bill was read the second time and ordered placed on the Third Reading Calendar.

On motion of Senator NICHOLSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Macie Lee Griffin Watson, 104, of Greenwood, S.C. Mrs. Watson, affectionately known as "the Mt. Moriah Baby," faithfully attended and was the oldest member of Mt. Moriah Baptist Church for 92 years when her health began to fail. She was the widow of Horace Watson, Sr., a wonderful mother to two sons who predeceased her, two daughters and four other sons. She was also a devoted grandmother of 28, 50 great-grandchildren and 25 great-great grandchildren.

and