WEDNESDAY, JUNE 30, 1999

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

God of all wisdom, from the limitations of our sufficiency, we turn in our need to You. Enable us with the light of Your wisdom and the strength of Your might. We pray for light enough to walk nobly through this day, for ability to carry heavy burdens, for uncompromising courage to stand for what is right, for eyes to see Your way and wills to follow that way. Help us to fill fast fleeting hours with mighty deeds that we fail neither our fellowmen nor our God. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WHIPPER moved that when the House adjourns, it adjourn in memory of Calvin Hopkins, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 29, 1999

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the adoption of the Free Conference Report on H. 3002:

H.3002 Reps. Wilkins, Hawkins, Altman, J.Brown, Loftis, Leach, Kelley, Harvin, Walker, D.Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1619170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

Very respectfully,

President

Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 29, 1999

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the Second Free Conference Report on H. 3002:

H. 3002 Reps. Wilkins, Hawkins, Altman, J.Brown, Loftis, Leach, Kelley, Harvin, Walker, D.Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1619170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

Very respectfully,

President

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4270 Reps. Robinson and Campsen: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE AND THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO IMMEDIATELY REQUIRE ALL VIDEO POKER MACHINE OWNERS AND OPERATORS IN SOUTH CAROLINA WHO HOLD LICENSES ISSUED BY THE STATE OF SOUTH CAROLINA TO COMPLY WITH THE RECENT ORDER AND RULINGS BY FEDERAL DISTRICT JUDGE JOSEPH F. ANDERSON, JR., IN REGARD TO VIDEO POKER MACHINE PAYOUTS, LOG BOOKS, AND RELATED REQUIREMENTS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4271 Rep. Cato: A BILL TO AMEND SECTION 563130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.

Referred to Committee on Labor, Commerce and Industry

H. 4272 Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 409120 SO AS TO PROHIBIT A HEALTH CARE PROVIDER FROM PERFORMING A SPINAL ADJUSTMENT OR MANIPULATION UNLESS THE HEALTH CARE PROVIDER HAS MET THE MINIMUM REQUIREMENTS OF CLINICAL TRAINING AND CLASSROOM INSTRUCTION AS REQUIRED BY A CHIROPRACTIC ACCREDITING AGENCY, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4273 Reps. Scott, Stuart and Townsend: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A MASS TRANSPORTATION SYSTEM FOR THE STATE, AND TO PROVIDE FOR THE COMPOSITION AND PURPOSE OF THE COMMITTEE.

Referred to Committee on Education and Public Works

H. 4274 Rep. Martin: A BILL TO AMEND SECTION 81183, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF VARIOUS MEMBERSHIPS FROM THE COMPENSATION PAID STATE EMPLOYEES FOR DUES FOR SPECIFIC MEMBERSHIP ORGANIZATIONS AND THE RESTRICTIONS IN THESE ORGANIZATIONS RECEIVING THE AMOUNTS WITHHELD, SO AS TO ADD A REQUIREMENT THAT NO PAYROLL DEDUCTION IS ALLOWED UNLESS THE MEMBER RECEIVES SPECIFIC AND TANGIBLE BENEFITS FROM MEMBERSHIP NOT AVAILABLE TO NONMEMBER STATE EMPLOYEES AND TO REQUIRE THE COMPTROLLER GENERAL ANNUALLY TO MAKE A WRITTEN DETERMINATION THAT MEMBERSHIP ORGANIZATIONS ARE IN COMPLIANCE WITH THE REQUIREMENT FOR PAYROLL DEDUCTIONS TO CONTINUE.

Referred to Committee on Ways and Means

S. 772 Senators Hutto and Washington: A BILL TO REPEAL ACT 453 OF 1998, RELATING TO ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION.

Referred to Allendale Delegation

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen / Altman / Askins
Bales / Barfield / Barrett
Beck / Bowers / Breeland
Brown G. / Brown J. / Campsen
Carnell / Cato / Chellis
Clyburn / CobbHunter / Cooper
Dantzler / Davenport / Delleney
Easterday / Edge / Emory
Fleming / Frye / Gamble
Gilham / Gourdine / Harrell
Haskins / Hawkins / Hayes
Hines J. / Hinson / Hosey
Howard / Inabinett / Keegan
Kelley / Kennedy / Kirsh
Klauber / Knotts / Koon
Law / Leach / Lee
Littlejohn / Loftis / Lourie
Lucas / Martin / McCraw
McGee / McMahand / Meacham
Neal / Neal J.M. / Ott
Parks / Phillips / Pinckney
Quinn / Rhoad / Rice
Riser / Robinson / Rodgers
Rutherford / Sandifer / Scott
Sharpe / Sheheen / Simrill
Smith D. / Smith F. / Smith J.
Smith R. / Stuart / Taylor
Trotter / Vaughn / Webb
Whatley / Whipper / Wilder
Wilkes / Wilkins / Witherspoon
YoungBrickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, June 30.

Rita AllisonGeorge Bailey

James BattleHenry Brown

Ralph CantyBill Cotty

Jerry GovanGlenn Hamilton

Anthony HarrisAlex Harvin

Douglas JenningsSteve Lanford

H.B. "Chip" LimehouseWalter Lloyd

E.B. "Mac" McLeodDavid Mack

Bessie MoodyLawrenceVida Miller

Denny NeilsonLynn Seithel

Harry StilleTheodore Brown

Ronald TownsendDaniel Tripp

Walton McLeod

Total Present—116

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALLISON a temporary leave of absence due to a family member having surgery.

LEAVE OF ABSENCE

The SPEAKER granted Rep. H. BROWN a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WALKER a leave of absence.

ORDERED TO THIRD READING

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

H. 4267 Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.

S. 493 DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted:

S. 493 Senator Moore: A BILL TO AMEND SECTIONS 40135, 401310, 401320, 401330, 4013110, 4013230, 4013240, AND 4013250, AS AMENDED, AND SECTION 4013310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.

H. 3903 DEBATE ADJOURNED

Rep. EDGE moved to adjourn debate upon the following Bill, which was adopted:

H. 3903 Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 57145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4930, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5730, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.

S. 226 DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted:

S. 226 Senator McConnell: A BILL TO AMEND SECTION 5130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

S. 640 DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Joint Resolution, which was adopted:

S. 640 Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 491 DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted:

S. 491 Senator Cork: A BILL TO AMEND SECTION 5021136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.

S. 118 DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted:

S. 118 Senators Mescher and Reese: A BILL TO AMEND SECTION 47550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

S. 181 DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Bill, which was adopted:

S. 181 Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 2072275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.

S. 764 DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Joint Resolution, which was adopted:

S. 764 Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

S. 703 DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted:

S. 703 Senator Hayes: A BILL TO AMEND SECTION 503410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 271670(C)(2); AND TO AMEND SECTION 503420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.

H. 4266 DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Bill, which was adopted:

H. 4266 Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5021136, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.

RULE 3.9 NOT INVOKED

Rep. KNOTTS moved that Rule 3.9 be invoked, which was rejected.

H. 3834 RULED OUT OF ORDER ON POINT OF ORDER AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3834 Rep. Robinson: A BILL TO AMEND SECTION 2776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12640, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 1261120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 1263410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 1263465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 121620, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 122020, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 1236510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 1237251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 125485, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.

POINT OF ORDER

Rep. CAMPSEN raised a Point of Order that the Bill was out of order in that it was in violation of Code Section 2-1-180.

SPEAKER WILKINS stated that H. 3834 was amended and passed by the Senate on June 24, 1999, during the continuation of the regular 1999 Legislative Session. He stated further that Code Section 2-1-180 states that during the time between 5:00 p.m. on the first Thursday in June and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Bill and any matters approved for consideration by a Concurrent Resolution adopted by two-thirds vote in both houses. He stated that H. 3834 was not listed on the Sine Die Resolution and the Senate’s consideration of this bill was clearly in violation of the resolution. He stated that, although the Speaker is typically limited to constitutional issues concerning actions of the Senate, the Senate’s action could possibly cause this legislation to be subject to judicial scrutiny. He, therefore, sustained the Point of Order and ordered that the Bill be returned to the Senate.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of the Chair.

THE HOUSE RESUMES

At 12:55 P.M. the House resumed, the SPEAKER in the Chair.

H. 3834 SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate returned to the House with amendments the following:

H. 3834 Rep. Robinson: A BILL TO AMEND SECTION 2776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12640, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 1261120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 1263410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 1263465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 121620, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 122020, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 1236510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 1237251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 125485, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.