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The Senate assembled at 11:00 A.M., 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:

Beloved, hear the words of Psalm 97 (vv.1-2):

"The Lord is king! Let the earth rejoice;

Let the many coastlands be glad...

Righteousness and justice are the foundation

of His throne."
Let us pray.

Good Lord and Master, we thank You for the reminder that You are still in charge of the universe... and of our little earth!

May the ancient words of the Psalmist become our words of inspiration as we aspire to become humble servants of the God that reigns!

Hear, O Lord, the silent prayer of each heart as we pray, silently, our own personal prayer (only for the ear of God).

Our prayer for each other (silence).

Our prayer for ourselves (silence).

In the Lord's Holy Name!

Amen.

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

Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.

At 11:00 A.M., the leave of absence granted to Senator WASHINGTON was rescinded beginning at 2:15 P.M. on Wednesday, February 7, 1996, through Thursday, February 8, 1996.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

Senator GREG SMITH asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments and ordered the Bill enrolled for Ratification.

There was no objection.

On motion of Senator GREG SMITH, the Bill was carried over.

H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Senator ROSE asked unanimous consent to make a motion to recall the Bill from the Dorchester County Delegation.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator ROSE, H. 4410 was ordered to receive a third reading on Friday, February 9, 1996.

The following were introduced:

S. 1110 -- Senator Fair: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 64 SO AS TO RECOGNIZE PARENTAL AUTHORITY AND CONTROL OVER CHILDREN'S EDUCATION, TO PROVIDE FOR WRITTEN PARENTAL CONSENT AND SCHOOL DISTRICT DISCLOSURE CONCERNING CERTAIN TYPES OF STUDENT ASSESSMENTS, TO PROVIDE FOR DISCLOSURE OF INFORMATION REGARDING STUDENT RECORDS, TO PROVIDE FOR SECURITY AND RESTRICTED RELEASE OF STUDENT RECORDS, TO LIMIT THE CONTENTS OF PERMANENT STUDENT RECORDS, TO PROVIDE FOR PARENTAL INSPECTION AND REVIEW OF STUDENT RECORDS, TO PROVIDE FOR CHALLENGES TO THE CONTENTS OF STUDENT RECORDS, TO REGULATE STUDENT EXPOSURE TO CERTAIN TYPES OF ASSESSMENTS, SURVEYS, AND RECORDED MATERIAL, TO PROVIDE FOR ADOPTION OF CERTAIN SCHOOL POLICIES AND PROCEDURES WITH REGARD TO STUDENTS AND PARENTS, TO PROVIDE FOR WITHHOLDING OF STATE FUNDS FROM A SCHOOL DISTRICT FOR NONCOMPLIANCE WITH THIS CHAPTER, AND TO AUTHORIZE PARENTS OR GUARDIANS TO INSTITUTE CIVIL ACTIONS FOR BREACH OF ANY DUTY IMPOSED BY THIS CHAPTER.

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

S. 1111 -- Senators Land, Moore, Wilson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE OR BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY

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

S. 1112 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-205 SO AS TO PROVIDE THAT CERTAIN AIRLINES AND RAILROAD COMPANIES MAY PURCHASE ALCOHOLIC LIQUOR AND BEVERAGES IN CASE LOTS AND TO PROVIDE THAT THEY ARE SUBJECT TO ONE-HALF OF THE CASE TAX AND EXEMPT FROM CERTAIN OTHER TAXES.

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

S. 1113 -- Senators Jackson, Hayes and Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

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

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF

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

S. 1115 -- Senators Fair, Thomas and Hayes: A BILL TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, BY ADDING ARTICLE 7 SO AS TO PROHIBIT POST-VIABILITY ABORTIONS, TO PROVIDE EXCEPTIONS, TO PROVIDE PROCEDURES TO FOLLOW IN MAKING AN EXCEPTION, AND TO PROVIDE CRIMINAL PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Read the first time and ordered placed on the Calendar without reference.

S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A

Read the first time and ordered placed on the Calendar without reference.

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

Read the first time and on motion of Senator ALEXANDER referred to the Oconee County Delegation.

H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.

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

H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.

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

H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.

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

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO DEFINE "RETAILER", TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND

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

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO

Read the first time and referred to the Committee on Banking and Insurance.

H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS'

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9,

Ordered for consideration tomorrow.

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