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Amend title to conform.

Rep. TRIPP explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.

The following Bill was taken up.

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

Amend the bill, as and if amended, by striking Section 33-56-50 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 33-56-50. The following are not required to file registration statements with the Secretary of State, provided none of its fund-raising activities are carried on by professional solicitors:

(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;

(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;

(3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five twenty thousand dollars, within thirty days after the date the contributions exceed five twenty thousand dollars, it must register with and report to the department as required by this chapter;

(4) organizations which solicit exclusively to their members, including utility cooperatives; and

(5) any veteran's organization which has a congressional charter.

Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary on forms to be prescribed by the secretary, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."/

Amend totals and title to conform.

Rep. A. YOUNG explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Rep. NEILSON explained the Bill.

Rep. NEILSON moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted.

Rep. SCOTT moved to reconsider the vote whereby the following Joint Resolution was given a second reading.

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Rep. RISER moved to table the motion to reconsider, which was agreed to by a division vote of 35 to 2.

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.

The following were received and referred to the appropriate committee for consideration.

Document No. 1859
Promulgated By Budget and Control Board - Research and Statistics
Data Reporting Requirements Pertaining to Submission of Ambulatory Medical Encounter Data
Received By Speaker April 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 30, 1996

Document No. 1860
Promulgated By Budget and Control Board - Research and Statistics
Data Reporting Requirements Pertaining to S.C. Hospitals
Received By Speaker April 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 30, 1996

The following was introduced:

H. 4162 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES RANDOLPH DELK OF RICHLAND COUNTY ON HIS OVER TWENTY YEARS OF SERVICE AS JUDGE OF THE PONTIAC MAGISTRATE'S COURT AND TO WISH HIM GODSPEED AND GOOD HEALTH IN HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4163 -- Reps. Cotty, Shissias and Howard: A CONCURRENT RESOLUTION TO COMMEND RICHLAND COUNTY SCHOOL DISTRICT TWO FOR ITS MAGNIFICENT ARTS EDUCATION PROGRAM AND FOR ITS RECEIPT OF A 1995 ELIZABETH O'NEILL VERNER AWARD FOR ITS CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4164 -- Reps. Koon, Gamble, Spearman, Knotts, Wright, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND TOMMY HARMAN OF LEXINGTON UPON BEING NAMED THE DIRECTOR OF THE LEXINGTON CHAMBER OF COMMERCE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4165 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE WALLACE D. CONNOR OF WILLIAMSBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998

On motion of Rep. MARCHBANKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.

On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following Bill was taken up.

H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7409BDW.95), which was adopted.

Amend the bill, as and if amended, Section 8-10-40, page 2, line 6, by deleting /if desired by the prospective employee/ so that, when amended, the section reads:

/Section 8-10-40. An employer may require samples from his prospective employees and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter, and enough sample must be taken for the initial test of the employer and a confirmation test. The employer may designate the type of sample to be used for this testing./

/Section 8-10-50. An employer shall pay all costs of the initial testing and confirmation testing for drugs required by the employer. A confirmation test must be conducted automatically if the initial test is positive. The prospective employee, if he desires retesting in the manner provided by this chapter, shall pay the costs of retesting./

Amend further, by striking Section 8-10-90, page 3, beginning on line 18, and inserting:

/Section 8-10-90. If the initial drug test of the prospective employee is positive, the employer shall submit a portion of the sample taken for a confirmation test at an approved laboratory. If the results of the confirmation test also are positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee./

Amend title to conform.

Rep. A. YOUNG explained the amendment.

The amendment was then adopted.

Rep. A. YOUNG explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD,

Rep. A. YOUNG explained the Bill.

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Rep. ELLIOTT explained the Bill.

The following Bill was taken up.

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7416BDW.95), which was adopted.

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

/SECTION 1. Section 44-95-20 of the 1976 Code, as last amended by Act 289 of 1994, is further amended to read:

"Section 44-95-20. It is unlawful for any a person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein in this chapter:

(1) public schools, including and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. except in enclosed Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board;

(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;

(4) government buildings, (except health care facilities as provided for herein) in this section, except that smoking shall may be allowed in enclosed private offices and designated areas of employee break areas; provided that. However, smoking policies in the State Capitol and Legislative Office Buildings shall must be determined by the office of government having control over that its respective area of the buildings. `Government buildings' shall mean means buildings or portions thereof of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof of buildings which are leased to other organizations or corporations;

(5) elevators;

(6) public transportation vehicles, except for taxicabs; and

(7) arenas and auditoriums of public theaters or public performing art centers; except that. However, smoking areas may be designated in foyers, lobbies, or other common areas;, and smoking is permitted as part of a legitimate theatrical performance."

SECTION 2. The 1976 Code is amended by adding:

"Section 16-17-501. As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:

(1) `Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2) `Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older.

(3) `Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4) `Sampling' means the distribution of samples to members of the general public in a public place.

(5) `Tobacco product' means a product that contains tobacco and is intended for human consumption.

Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.

(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.

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