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

Tuesday, January 15, 2013
(Statewide Session)

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:

The Psalmist declares:

"Make me to know your ways, O Lord; teach me your paths."
(Psalm 25:4)

Please bow with me as we pray:

Holy God, just as we read that the Psalmist called upon You for moral guidance, so do we all equally admit our need for direction. In our personal lives, in our collective life here in South Carolina, in all that we seek to do and to say: we need You to teach us Your way. By the Spirit's grace, Lord, grant to each member of this Senate insights that they themselves can readily translate into wise leadership decisions. And as they in turn lead and direct all of us, may it be that we, too, sense Your divine guidance: to the glory of Your Son, our Savior, in whose blessed name we pray.
Amen.

RECESS

At 12:02 P.M., on motion of Senator COURSON, the Senate receded from business until 12:32 P.M.

At 12:32 P.M., the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Nikki Randhawa Haley:

Statewide Appointment

Initial Appointment, Director of Department of Insurance, with term coterminous with Governor
Director:

Raymond G. Farmer, 100 Pulaski Street, Columbia, SC 29201 VICE vacant

Referred to the Committee on Banking and Insurance.

The following was received and referred to the appropriate committee for consideration:

Document No. 4308
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60 and 59-29-170
SUBJECT: Gifted and Talented
Received by Lieutenant Governor January 15, 2013
Referred to Education Committee
Legislative Review Expiration May 15, 2013

The following co-sponsors were added to the respective Bills:
S. 2 (Word version)     Sen. Grooms
S. 3 (Word version)     Sen. Campsen
S. 15 (Word version)     Sen. Campsen
S. 117 (Word version)     Sen. Courson
S. 125 (Word version)     Sen. McGill
S. 163 (Word version)     Sen. O'Dell
S. 203 (Word version)     Sen. Shealy
S. 213 (Word version)     Sen. Nicholson

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 220 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JANE ELIZABETH DAVIS PIGG, OWNER OF CHERAW'S WCRE RADIO STATIONS AND EXECUTIVE PRODUCER OF THE PEE DEE BROADCASTING SPORTS NETWORK, FOR MORE THAN THIRTY-EIGHT YEARS OF OUTSTANDING RADIO BROADCASTING IN THE PALMETTO STATE, AND TO CONGRATULATE HER FOR BEING NOMINATED FOR INDUCTION INTO THE SOUTH CAROLINA BROADCASTERS ASSOCIATION HALL OF FAME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 221 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 36-4A-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL CODE-FUNDS TRANSFERS, SO AS TO MAKE THE CHAPTER APPLICABLE TO REMITTANCE TRANSFERS, UNLESS THE REMITTANCE TRANSFER IS AN ELECTRONIC FUND TRANSFER, AND TO PROVIDE THAT, IN THE EVENT THERE IS AN INCONSISTENCY BETWEEN THE APPLICABLE PROVISION OF THE CHAPTER AND THE APPLICABLE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT, THE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT GOVERNS.
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Read the first time and referred to the Committee on Judiciary.

S. 222 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-705 TO PROVIDE THAT, UPON RECEIPT OF THE NOTICE OF A PAROLE HEARING, THE VICTIM AND MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY MAY SUBMIT WRITTEN STATEMENTS TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, TO PROVIDE THAT THE STATEMENTS MUST BE CONSIDERED BY THE BOARD IN MAKING ITS DETERMINATION OF PAROLE, AND TO PROVIDE THAT THE STATEMENTS MUST BE RETAINED BY THE BOARD AND MUST BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS IF THE SUBMITTING PERSON DECLARES THAT THE STATEMENT STILL REPRESENTS THE PERSON'S PRESENT POSITION.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 223 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-108 TO PROVIDE THAT A PERSON MAY USE A FIREARM TO KILL OR ATTEMPT TO KILL ANY ANIMAL DURING ANY SEASON IN SELF-DEFENSE, DEFENSE OF ANOTHER, OR DEFENSE OF DOMESTIC ANIMALS, TO PROVIDE THAT A PERSON WHO USES DEADLY FORCE AGAINST A BIG GAME ANIMAL OR ALLIGATOR MUST REPORT THE INCIDENT TO THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT CERTAIN ANIMAL CARCASSES TAKEN PURSUANT TO THIS SECTION MAY NOT BE RETAINED, AND TO PROVIDE A PENALTY FOR FAILURE TO REPORT THE INCIDENT OR SURRENDER THE CARCASS TO THE DEPARTMENT OF NATURAL RESOURCES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 224 (Word version) -- Senator Davis: A JOINT RESOLUTION TO NULLIFY IN SOUTH CAROLINA ANY PRESIDENTIAL EXECUTIVE ORDER RESTRICTING, ABRIDGING, OR OTHERWISE INFRINGING UPON A CITIZEN'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS.
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Read the first time and referred to the Committee on Judiciary.

S. 225 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA CHIEF INFORMATION OFFICER RESTRUCTURING ACT" BY ADDING CHAPTER 35 TO TITLE 1 TO ESTABLISH THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE FOR A TERM OF SIX YEARS, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT INCLUDING TECHNOLOGY PROCUREMENT; TO AMEND SECTIONS 11-35-40, 11-35-70, AND 11-35-310, RELATING TO THE APPLICATION OF AND DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE, TO MAKE CONFORMING AMENDMENTS AND TO DELETE CERTAIN DEFINITIONS PERTAINING TO INFORMATION TECHNOLOGY; AND TO REPEAL SECTIONS 1-11-430, 11-35-820 AND 11-35-1580, RELATING TO THE POWERS OF THE STATE BUDGET AND CONTROL BOARD TO GOVERN THE USE OF TELECOMMUNICATIONS SYSTEMS AND THE OFFICE OF INFORMATION TECHNOLOGY OF THE STATE BUDGET AND CONTROL BOARD AND INFORMATION TECHNOLOGY SERVICES PROVIDED BY THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 226 (Word version) -- Senator Campsen: A JOINT RESOLUTION TO CREATE THE COMMISSION ON STREAMLINING GOVERNMENT AND REDUCTION OF WASTE AND PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION; TO PROVIDE A PROCEDURE FOR THE SUBMISSION, CONSIDERATION, APPROVAL, AND IMPLEMENTATION OF RECOMMENDATIONS OF THE COMMISSION; TO PROVIDE FOR STAFF SUPPORT AND FINANCES FOR THE COMMISSION; TO PROVIDE FOR COOPERATION WITH AND SUPPORT FOR THE COMMISSION; TO PROVIDE FOR THE APPLICABILITY OF OTHER LAWS; AND TO PROVIDE FOR ITS TERMINATION.
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Read the first time and referred to the Committee on Judiciary.

S. 227 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 7-5-120 OF THE 1976 CODE, RELATING TO QUALIFICATIONS FOR REGISTRATION TO VOTE, TO REQUIRE A PERSON TO SUBMIT PROOF OF CITIZENSHIP; TO ADD SECTION 7-5-123, TO PROVIDE THAT PROOF OF CITIZENSHIP WHEN REGISTERING TO VOTE, INCLUDES A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES OR A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY ANOTHER STATE, A BIRTH CERTIFICATE, A UNITED STATES PASSPORT, UNITED STATES NATURALIZATION DOCUMENTATION, OR ANY DOCUMENT OR METHOD OF PROOF OF CITIZENSHIP PROVIDED FOR IN FEDERAL LAW, TO PROVIDE THAT PROOF OF VOTER REGISTRATION FROM ANOTHER STATE OR COUNTRY IS NOT SATISFACTORY PROOF, TO EXEMPT PERSONS REGISTERED TO VOTE PRIOR TO THE APPROVAL OF THIS BILL, TO PROVIDE THAT PROOF OF CITIZENSHIP IS NOT REQUIRED WHEN THE ELECTOR MOVES OR CHANGES HIS NAME, TO PROVIDE THAT RESIDENTS OF THIS STATE MAY SUBMIT OTHER DOCUMENTS OR METHODS OF PROOF OF CITIZENSHIP WHICH SHALL BE PROMULGATED BY THE STATE ELECTION COMMISSION, TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL DESTROY ALL DOCUMENTS THAT WERE SUBMITTED AS EVIDENCE OF CITIZENSHIP AFTER TWO YEARS, TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL ESTABLISH PROCEDURES OF MATCHING VOTER REGISTRATION APPLICANT'S INFORMATION TO THE INFORMATION MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES FOR THE VERIFICATION OF THE ACCURACY OF THE INFORMATION PROVIDED; AND TO AMEND SECTION 7-5-320, RELATING TO APPLICATIONS FOR MOTOR VEHICLE LICENSES AND RENEWALS SERVING AS AN APPLICATION FOR VOTER REGISTRATION, TO STATE ON THE VOTER REGISTRATION PORTION OF THE APPLICATION THE DOCUMENTATION REQUIRED FOR PROOF OF CITIZENSHIP, WHICH MUST ACCOMPANY THE APPLICATION.
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Read the first time and referred to the Committee on Judiciary.

S. 228 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 5-15-100 OF THE 1976 CODE, RELATING TO THE CONVENING OF COUNTY COMMISSIONERS AS COUNTY BOARDS OF CANVASSERS, TO CHANGE THE DEADLINE FOR CERTIFYING RESULTS FROM ONE DAY TO TWO DAYS; TO AMEND SECTION 7-17-10, RELATING TO THE COUNTY BOARD OF CANVASSERS, TO CHANGE THE MEETING DATE FROM FRIDAY TO MONDAY; TO AMEND SECTION 7-17-20, RELATING TO THE CANVASS OF VOTES, TO CHANGE THE DEADLINE FROM SATURDAY TO TUESDAY; TO ADD SECTION 7-17-25, TO REQUIRE POST-ELECTION AUDITS TO BE CONDUCTED BY COUNTY ELECTION COMMISSIONS FOR ALL ELECTIONS PURSUANT TO REGULATIONS PROMULGATED BY THE STATE ELECTION COMMISSION, AND TO REQUIRE THESE REGULATIONS MUST INCLUDE A PROVISION THAT AUDIT DATA AND REPORTS MUST BE AVAILABLE TO THE PUBLIC; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF COUNTY COMMISSIONERS AS COUNTY BOARDS OF CANVASSERS, TO CHANGE THE DEADLINE FROM SATURDAY TO TUESDAY.
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Read the first time and referred to the Committee on Judiciary.

S. 229 (Word version) -- Senator Campsen: A BILL TO AMEND CHAPTER 1, TITLE 42 OF THE 1976 CODE, RELATING TO SOUTH CAROLINA WORKERS' COMPENSATION, BY ADDING SECTION 42-1-378, TO PROVIDE THAT AN EMPLOYEE COVERED BY THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT OR ANY OF ITS EXTENSIONS, OR THE JONES ACT IS EXEMPT FROM WORKERS' COMPENSATION LAWS.
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Read the first time and referred to the Committee on Judiciary.

S. 230 (Word version) -- Senator Johnson: A BILL TO AMEND SECTION 7-27-275, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO ADJUST THE MEMBERSHIP AND COMPOSITION OF THE BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 231 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE PELION HIGH SCHOOL ORCHESTRA FOR AN OUTSTANDING PERFORMING SEASON, AND TO CONGRATULATE THE ORCHESTRA MEMBERS, THE DIRECTOR, AND SCHOOL OFFICIALS FOR GARNERING FIRST PLACE IN THE 2012 SMOKEY MOUNTAIN MUSIC FESTIVAL.
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The Senate Resolution was adopted.

S. 232 (Word version) -- Senators Setzler, Ford, Lourie, Jackson, Leatherman, Courson, Nicholson, Coleman, Johnson and Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR CALENDAR YEAR 2013, PREMIUMS FOR ENROLLEES IN THE STATE HEALTH PLAN MUST REMAIN AT THE RATE IN EFFECT FOR CALENDAR YEAR 2012.
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Senator SETZLER spoke on the Resolution.

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

S. 233 (Word version) -- Senators Massey and Nicholson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN MCCORMICK COUNTY STARTING FROM ITS INTERSECTION WITH BREWER ROAD TO ITS INTERSECTION WITH RANDOLPH HAMPTON ROAD "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".
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Senator MASSEY spoke on the Resolution.

Objection

Senator MASSEY asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.

Senator PEELER objected.

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

S. 234 (Word version) -- Senator Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT" WHICH PROVIDES THAT A TAXPAYER MAKING INVESTMENTS OF A CERTAIN SIZE IN REHABILITATING AN ABANDONED BUILDING MAY AT HIS OPTION RECEIVE SPECIFIED INCOME TAX CREDITS OR CREDITS AGAINST THE PROPERTY TAX LIABILITY.
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Read the first time and referred to the Committee on Finance.

S. 235 (Word version) -- Senator Bright: A JOINT RESOLUTION TO AMEND SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE APPOINTMENT OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES MUST BE APPOINTED BY A MAJORITY OF THE RESIDENT CIRCUIT COURT JUDGES IN THE JUDICIAL CIRCUIT WHERE THE MAGISTRATE WILL SERVE.
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Senator BRIGHT spoke on the Resolution.

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

S. 236 (Word version) -- Senators Nicholson and O'Dell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GREENWOOD HIGH SCHOOL FOOTBALL TEAM ON ITS UNDEFEATED 15-0 SEASON AND IMPRESSIVE WIN OF THE 2012 CLASS AAAA DIVISION II STATE CHAMPIONSHIP TITLE.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3281 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO SALUTE THE COASTAL CAROLINA UNIVERSITY SOCCER TEAM, COACHES, AND STAFF ON AN OUTSTANDING 2012 SEASON AND TO CONGRATULATE COACH SHAUN DOCKING ON BEING NAMED 2012 BIG SOUTH CONFERENCE COACH OF THE YEAR.

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

H. 3282 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE ROMEL ASHE EAGLES UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

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

H. 3283 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE JOE MOGLIA, COASTAL CAROLINA UNIVERSITY (CCU) HEAD FOOTBALL COACH, ON BEING NAMED 2012 BIG SOUTH FOOTBALL COACH OF THE YEAR.

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

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 156 (Word version) -- Senators Courson, O'Dell and Verdin: A BILL 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.

MINORITY REPORT REMOVED
READ THE SECOND TIME

S. 3 (Word version) -- Senators L. Martin, Hayes, Fair and Campsen: A BILL TO AMEND SECTION 61-2-180, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO BINGO, RAFFLES, AND OTHER SPECIAL EVENTS, SO AS TO CLARIFY THAT THIS SECTION IS NOT AN EXCEPTION OR LIMITATION TO ACTIVITIES, DEVICES, OR MACHINES THAT ARE PROHIBITED BY SECTION 12-21-2710 OR OTHER PROVISIONS THAT PROHIBIT GAMBLING; AND TO AMEND SECTION 61-4-580, RELATING TO GAME PROMOTIONS ALLOWED BY HOLDERS OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO CLARIFY THAT THIS SECTION DOES NOT AUTHORIZE THE USE OF AN ACTIVITY, DEVICE, OR MACHINE THAT IS PROHIBITED BY SECTION 12-21-2710 OR BY OTHER PROVISIONS THAT PROHIBIT GAMBLING.

Senator HUTTO asked unanimous consent to remove his name from the minority report of the Bill.

There was no objection, the minority report was removed, and proper notation was made on the Bill.

Senator HUTTO 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 HUTTO spoke on the Bill.

Senator MASSEY spoke on the Bill.

Senator CORBIN spoke on the Bill.

The question then was second reading of the Bill.

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

Ayes 40; Nays 2

AYES

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

Total--40

NAYS

Ford                      Hutto

Total--2

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

CARRIED OVER

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.
On motion of Senator LARRY MARTIN, the Bill was carried over.