Senate Journal for Jan. 22, 2013 - South Carolina Legislature Online

TUESDAY, JANUARY 22, 2013 Tuesday, January 22, 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:

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.

MESSAGE FROM THE GOVERNOR The following appointments were transmitted by the Honorable Nikki Randhawa Haley:

Statewide Appointments 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

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 TUESDAY, JANUARY 22, 2013

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

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

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.

REGULATION RECEIVED 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 TUESDAY, JANUARY 22, 2013 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

REGULATIONS RESUBMITTED 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 TUESDAY, JANUARY 22, 2013 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

REGULATION WITHDRAWN 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

Leave of Absence On motion of Senator PEELER, at 12:15 P.M., Senator SHANE MARTIN was granted a leave of absence for today.

Motion to Ratify Adopted TUESDAY, JANUARY 22, 2013 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.

CO-SPONSORS ADDED The following co-sponsors were added to the respective Bills: S. 203 Sen. Gregory S. 224 Sens. Verdin, Bryant, Shealy S. 229 Sen. Fair S. 246 Sens. Alexander, Larry Martin S. 249 Sen. Davis

CO-SPONSOR REMOVED The following co-sponsor was removed from the respective Bill: S. 249 Sen. Davis

RECALLED AND ADOPTED S. 264 -- 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.

INTRODUCTION OF A BILL The following was introduced:

S. 265 -- 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. l:\council\bills\swb\5097cm13.docx Read the first time and referred to the Committee on Transportation.

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

READ THE SECOND TIME TUESDAY, JANUARY 22, 2013 S. 165 -- 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: Ayes 38; Nays 0; Present 1

AYES Alexander AllenBennett Bright BryantCampbell Campsen ClearyCorbin Courson CromerDavis Fair FordGregory Hayes HembreeJackson Johnson LeathermanLourie Malloy Martin, LarryMassey McElveen McGillNicholson O'Dell PeelerReese Scott ShealySheheen Thurmond TurnerVerdin Williams Young

Total--38

Total--0

PRESENT Setzler

Total--1

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

READ THE SECOND TIME S. 91 -- Senator Gregory: A BILL TO AMEND SECTION 5011310, 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. TUESDAY, JANUARY 22, 2013

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: Ayes 22; Nays 15; Present 1

AYES Alexander BryantCampbell Campsen ClearyCorbin Courson CromerDavis Fair FordGregory Hayes LeathermanMalloy McGill PeelerReese Shealy SheheenWilliams Young

Total--22

NAYS Allen BennettBright Hembree JohnsonLourie Martin, Larry MasseyMcElveen Nicholson O'DellScott Setzler ThurmondTurner

Total--15

PRESENT Jackson

Total--1

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

AMENDMENT PROPOSED, CARRIED OVER S. 2 -- Senators Campsen, L. Martin, Cromer, Hayes and Grooms: A BILL TO ESTABLISH THE “EQUAL ACCESS TO THE BALLOT ACT”, BY AMENDING SECTION 8131356, 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 71115, TO PROVIDE THAT THE FILING PERIOD RUNS FROM MARCH TWENTYTHIRD 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. TUESDAY, JANUARY 22, 2013 The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 7 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 71112. (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 711210, 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 8131110. A person required to file an updated statement of economic interests pursuant to Section 8131140 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 71170 or 71171; (3) prior to the close of the filing period for a nonpartisan office; (3) for a writein candidate, within twentyfour hours of filing an initial campaign finance report pursuant to Section 8131308(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 813365. (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 71340 and 713350, 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.” TUESDAY, JANUARY 22, 2013 SECTION 2. Section 71115 of the 1976 Code is amended to read: “Section 71115. 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 71112 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 71340. (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 71112 by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 71340 and 713350, 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 71112. The statement of intention of candidacy required in this section and in Section 713190(B) must conform to the requirements of Section 71112 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 71112. 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 71145 and 8131356 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. TUESDAY, JANUARY 22, 2013 (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.

RATIFICATION OF AN ACT 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) -- Senators Courson, O’Dell and Verdin: AN ACT TO AMEND SECTION 547100, 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. L:\COUNCIL\ACTS\156SD13.DOCX

ADJOURNMENT At 1:14 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 2:00 P.M.