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Section 16-17-503. (A) The Director of the Department of Revenue and Taxation shall provide for the enforcement of Section 16-17-500 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-500 must be used to offset the costs of enforcement.

(B) Persons under the age of eighteen years may be enlisted by the director or his employees or designees to test compliance with Section 6-17-500. However, these persons may be used only if the testing is conducted under the direct supervision of the director or his employees or designees and written parental consent is provided. Other use of persons under the age of eighteen years to test compliance with the section or similar prohibitions is unlawful, and the person responsible for the use is subject to a civil penalty of not less than one hundred dollars.

(C) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.

Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. To ensure that the sections are enforced equitably and uniformly, a county, or municipality, a department, board, or an agency of a county or municipality, or a political subdivision or agency of the State may not enact laws, ordinances, or rules regulating the sale, use, display, distribution, and promotion of tobacco products other than in governmental buildings as defined in Section 44-95-20(4). Any laws, ordinances, or rules enacted may not supersede state law or regulation.

SECTION 3. Act 503 of 1990, the Clean Indoor Air Act of 1990, is designated Chapter 95 of Title 44 of the 1976 Code, entitled the "Clean Indoor Air Act of 1990", and the various sections of that act are designated sections of the 1976 Code as follows:

Section 1. Section 44-95-10;

Section 2. Section 44-95-20;

Section 3. Section 44-95-30;

Section 4. Section 44-95-40;

Section 5. Section 44-95-50;

Section 6. Section 44-95-60.

SECTION 4. This act takes effect upon approval by the Governor, except Section 16-17-503 of the 1976 Code which takes effect when funds are appropriated by the General Assembly to implement its provisions./

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted by a division vote of 38 to 34.

Reps. SIMRILL and EASTERDAY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7428BDW.95), which was tabled.

Amend the bill, as and if amended, by striking Section 16-17-504(B), page 3201-4, beginning on Line 4, and inserting:

/(B) Nonsmoking policies in effect on the effective date of this section are exempt from the requirements of subsection (A)./

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. SHARPE spoke against the amendment and moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Brown, G.        Brown, J.        Brown, T.
Byrd             Cain             Cato

Chamblee         Cobb-Hunter      Cromer
Davenport        Delleney         Elliott
Fair             Felder           Fulmer
Gamble           Hallman          Harris, J.
Harvin           Harwell          Herdklotz
Hines            Hutson           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Knotts           Koon
Lloyd            Marchbanks       Martin
McCraw           McElveen         McKay
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Scott            Sharpe           Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Vaughn
Waldrop          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.

Those who voted in the negative are:

Allison          Anderson         Boan
Breeland         Cave             Clyburn
Cotty            Dantzler         Easterday
Harrell          Harrison         Haskins
Howard           Jaskwhich        Limehouse
Littlejohn       Mason            McMahand
Phillips         Rogers           Seithel
Sheheen          Shissias         Simrill
Smith, D.        Tucker           Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes

Rep. HERDKLOTZ proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PFM\7424BDW.95), which was adopted.

Amend the bill, as and if amended, by striking Section 16-17-504(B), page 3201-4, beginning on line 4, and inserting:

/(B) Smoking ordinances in effect before August 1, 1990, are exempt from the requirements of subsection (A)./

Amend title to conform.

Rep. HERDKLOTZ explained the amendment.

The amendment was then adopted.

Reps. KIRSH, SIMRILL, NEAL, WALKER, ELLIOTT, RHOAD, TROTTER and McMAHAND objected to the Bill.

The following Bill was taken up.

H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7417BDW.95), which was adopted.

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

/SECTION 1. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-1920. (A) The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is non-native from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.

(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee."/

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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

The following was introduced:

H. 4168 -- Reps. R. Smith, Sharpe, Clyburn, Mason and Huff: A HOUSE RESOLUTION RECOGNIZING AND SALUTING "HERITAGE DAY CELEBRATION" AT REDCLIFF PLANTATION IN AIKEN COUNTY, MAY 27, 1995.

The Resolution was adopted.

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

H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN

Rep. LIMEHOUSE explained the Bill.

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

Rep. WITHERSPOON explained the Bill.

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Rep. WITHERSPOON explained the Bill.

S. 534 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Rep. H. BROWN explained the Bill.

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

Rep. ROBINSON explained the Bill.

S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

Rep. BOAN explained the Bill.

The following Bill was taken up.

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

Rep. WITHERSPOON explained the Bill.

Rep. ROBINSON moved to adjourn debate upon the Bill until Tuesday, May 2, which was adopted by a division vote of 42 to 28.

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

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A

The following Bill was taken up.

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Reps. WRIGHT, COTTY, QUINN, HARRISON, ANDERSON, McMAHAND, BREELAND, CAVE, NEAL, SCOTT, WILLIAMS, WITHERSPOON, CLYBURN, HINES, MARCHBANKS, HERDKLOTZ, KEEGAN, KELLEY, WILKES and DAVENPORT objected to the Bill.

The SPEAKER Pro Tempore granted Rep. WELLS a leave of absence for the remainder of the day.

The following Bill was taken up.

S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

Rep. KEYSERLING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5871HTC.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. A. The paragraph preceding the schedule contained in Section 12-37-930 of the 1976 Code is amended to read:

"All property shall must be valued for taxation at its true value in money which in all cases shall be held to be is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing, are not acting under compulsion, and are reasonably well informed as to of the uses and purposes for which it is adapted and for which it is capable of being used. The fair market value for motor vehicles licensed by the Department of Revenue and Taxation must be based on values derived from a nationally recognized publication of vehicle valuations, except that the value may not exceed ninety-five percent of the prior year's value. Provided, However, that acreage allotments or marketing quota allotments for any a commodity as established under any a program of the United States Department of Agriculture shall be is classified as incorporeal hereditaments and the market value of any real property to which they are attached shall may not include the value, if any, of such the acreage allotment or marketing quota. Provided, further, Fair market value of manufacturer's machinery and equipment used in the conduct of the manufacturing business, excluding, however, vehicles licensed by the Highway Department of Transportation, boats and airplanes shall must be determined by reducing the original cost by an annual allowance for depreciation as stated in the following schedule."

B. This section takes effect upon approval by the Governor./

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

Reps. FULMER, ROBINSON, A. YOUNG, HALLMAN, SEITHEL, HARRELL, MARCHBANKS, LIMEHOUSE, CATO and D. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7431AC.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 12-37-220 of the 1976 Code, as last amended by Part II, Sections 77 and 100 of Act 497 of 1994, is further amended by adding at the end:

"(C) The five-year partial exemption allowed pursuant to subsections (A)(7) and (B)(32) is extended to an unrelated purchaser who acquires the facilities in an arms-length transaction and who preserves the existing facilities and jobs. The partial exemption applies for the purchaser for five years if the purchaser otherwise meets the exemption requirements."/

Renumber sections to conform.

Amend title to conform.

Rep. FULMER explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart,

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