Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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:
Isaiah says about those who are faithful and hope in the Lord that: "They will soar on wings like eagles; they will run and not grow weary, they will walk and not be faint."
(Isaiah 40:31b)
Please bow in prayer with me:
Holy God, we can almost imagine these well-known verses from Isaiah tripping off the tongue of Martin Luther King, Jr., as he would call those he loved to be obedient and true to You in all that they might do. How that same directive applies to each of us, O Lord. May each one of us -- every woman and man in this Senate Chamber, even in this State -- honor You by what we say, by all that we do, through everything that we seek to accomplish as we strive to keep Dr. King's dream alive and real for the betterment of every South Carolinian. In Your loving name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2011, and to expire June 30, 2015
3rd Congressional District:
Charles M. Joye II, 1006 North Shore Drive, Anderson, SC 29625
Referred to the Committee on Medical Affairs.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2012, and to expire July 27, 2015
1st Congressional District:
Sean McLernon, 3941 Chisolm Road, John's Island, SC 29455 VICE vacant
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 28, 2011, and to expire July 28, 2014
3rd Congressional District:
Michael W. Nix, 312 Hunting Road, Greenwood, SC 29646 VICE John Hamrick
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2012, and to expire July 27, 2015
7th Congressional District:
Henry M. Swink, 6615 South Irby Street, Effingham, SC 29541 VICE New Seat
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2012, and to expire July 12, 2015
5th Congressional District:
Gregory A. Thompson, 1820 Stadium Road, Sumter, SC 29154 VICE Hampton Atkins
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2012, and to expire July 27, 2015
2nd Congressional District:
Kenneth B. Wingate, 4936 Hillside Road, Columbia, SC 29206 VICE Roger Whaley
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina Commission on Consumer Affairs, with the term to commence September 20, 2011, and to expire September 20, 2015
At-Large:
W. Frederick Pennington, 209 Forestdale Dr., Taylors, SC 29687 VICE C. Wayne Powell
Referred to the Committee on Banking and Insurance.
Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence May 3, 2011, and to expire May 3, 2014
Governor Appointed:
Donald L. McLaurin, 13 Water Street, Charleston, SC 29401
Referred to the Committee on Education.
Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2010, and to expire June 30, 2014
Consumer:
W. Donald Pennington, 650 Harrison Bridge Road, Simpsonville, SC 29680 VICE Naomi Dreher
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina State Ethics Commission, with the term to commence May 31, 2010, and to expire May 31, 2015
4th Congressional District:
James I. Warren, 119 Meyers Drive, Greenville, SC 29605 VICE J.B. Holeman
Referred to the Committee on Judiciary.
The following were received and referred to the appropriate committee for consideration:
Document No. 4318
Agency: Board of Funeral Service
Chapter: 57
Statutory Authority: 1976 Code Sections 40-1-70 and 40-19-5, et seq.
SUBJECT: Requirements of Licensure for Funeral Service Providers
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Document No. 4320
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 6-9-63(E)
SUBJECT: International Building Code, International Fire Code, International Fuel Gas Code, and National Electrical Code
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Document No. 4321
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 6-9-63(E)
SUBJECT: International Residential Code
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
The following were received:
Document No. 4231
Agency: Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists
Chapter: 36
Statutory Authority: 1976 Code Sections 40-1-40, 40-1-70, and 40-75-60
SUBJECT: Requirements of Licensure for Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Received by Lt. Governor February 6, 2012
Senate Referred to Committee Labor, Commerce and Industry
Withdrawn and Resubmitted April 19, 2012
120 Day Period Tolled
Withdrawn due to end of two-year session June 8, 2012
Resubmitted with no substantive changes January 17, 2013
Document No. 4252
Agency: Residential Builders Commission
Chapter: 106
Statutory Authority: 1976 Code Sections 40-1-70, 40-59-70, 40-59-220, and 40-59-610
SUBJECT: Residential Specialty Contractors License
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Received by Lt. Governor February 7, 2012
Senate Referred to Committee Labor, Commerce and Industry
Withdrawn April 20, 2012
120 Day Period Tolled
Withdrawn due to end of two-year session June 8, 2012
Resubmitted with no substantive changes January 17, 2013
Document No. 4264
Agency: Auctioneers' Commission
Chapter: 14
Statutory Authority: 1976 Code Sections 40-1-70 and 40-6-60
SUBJECT: Duplicate Wall or Pocket Card License; Fees
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Received by Lt. Governor February 6, 2012
Senate Referred to Committee Labor, Commerce and Industry
Withdrawn and Resubmitted April 24, 2012
120 Day Period Tolled
Withdrawn due to end of two-year session June 8, 2012
Resubmitted with no substantive changes January 17, 2013
Document No. 4268
Agency: Board of Funeral Service
Chapter: 57
Statutory Authority: 1976 Code Sections 40-1-70 and 40-19-5, et seq.
SUBJECT: Fees
Received by Lieutenant Governor January 17, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 2013
Received by Lt. Governor February 6, 2012
Senate Referred to Committee Labor, Commerce and Industry
Withdrawn and Resubmitted April 12, 2012
120 Day Period Tolled
Withdrawn due to end of two-year session June 8, 2012
Resubmitted with no substantive changes January 17, 2013
The following was received:
Document No. 4288
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-70-10, et seq.
SUBJECT: Standards for Licensing In-Home Care Providers
Received by Lieutenant Governor January 8, 2013
Referred to Medical Affairs Committee
Legislative Review Expiration: Permanently Withdrawn
Senate Referred to Committee January 8, 2013
Permanently Withdrawn January 17, 2013
On motion of Senator PEELER, at 12:15 P.M., Senator SHANE MARTIN was granted a leave of absence for today.
At 12:08 P.M., Senator COURSON asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
The following co-sponsors were added to the respective Bills:
S. 203 (Word version) Sen. Gregory
S. 224 (Word version) Sens. Verdin, Bryant, Shealy
S. 229 (Word version) Sen. Fair
S. 246 (Word version) Sens. Alexander, Larry Martin
S. 249 (Word version) Sen. Davis
The following co-sponsor was removed from the respective Bill:
S. 249 (Word version) Sen. Davis
S. 264 (Word version) -- Senator Bryant: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JAMES E. KOUTZ, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 5, 2013.
Senator BRYANT asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Invitations.
The Concurrent Resolution was recalled from the Committee on Invitations.
Senator BRYANT 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 BRYANT, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House with concurrence.
The following was introduced:
S. 265 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 56-3-12710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DR. MARY MCLEOD BETHUNE" SPECIAL LICENSE PLATE, SO AS TO REVISE THE DISTRIBUTION OF A PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE.
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Read the first time and referred to the Committee on Transportation.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 165 (Word version) -- Senator Campsen: 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.
Senator CAMPSEN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CAMPSEN explained the Bill.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Fair Ford Gregory Hayes Hembree Jackson
Johnson Leatherman Lourie Malloy Martin, Larry Massey McElveen McGill Nicholson O'Dell Peeler Reese Scott Shealy Sheheen Thurmond Turner Verdin Williams Young
Total--0
Setzler
The Bill was read the second time and ordered placed on the Third Reading Calendar.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CAMPSEN explained the Bill.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Fair Ford Gregory Hayes Leatherman Malloy McGill Peeler Reese Shealy Sheheen Williams Young
Allen Bennett Bright Hembree Johnson Lourie Martin, Larry Massey McElveen Nicholson O'Dell Scott Setzler Thurmond Turner
Jackson
The Bill was read the second time and ordered placed on the Third Reading Calendar.
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 third reading of the Bill.
Senator MALLOY proposed the following Amendment No. 7 (2R003.GM):
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.
Senator LARRY MARTIN spoke on the amendment.
Senator MALLOY moved to carry over the Bill.
The Bill was carried over.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 22, 2013, at 12:30 P.M. and the following Act was ratified:
(R1, S. 156 (Word version)) -- Senators Courson, O'Dell and Verdin: AN ACT TO AMEND SECTION 54-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNLEY COMMISSION, INCLUDING ITS MEMBERS AND DUTIES, SO AS TO PROVIDE THAT AN ADDITIONAL MEMBER OF THE COMMISSION SHALL BE THE LIEUTENANT GOVERNOR TO SERVE EX OFFICIO, OR HIS DESIGNEE.
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At 1:14 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 2:00 P.M.
This web page was last updated on Monday, November 18, 2013 at 11:53 A.M.