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H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.

The House returned the Bill with amendments.

S. 817 -- Senators Courtney, Hayes, Elliott and Reese: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.

Returned with concurrence.

Received as information.

S. 818 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MAYOR ELONA CAROLYN DAVIS UPON WINNING THE PRESTIGIOUS GOVERNOR'S LEADERSHIP AWARD IN RECOGNITION OF HER OUTSTANDING LEADERSHIP QUALITIES AND EFFORTS IN SERVING THE PEOPLE AND COMMUNITY OF DENMARK.

Returned with concurrence.

Received as information.

S. 824 -- Senator Leatherman: A CONCURRENT RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.

Returned with concurrence.

Received as information.

S. 825 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT NEWSPAPER EDITORS, JAMES A. BROWN OF ANDERSON, WHO PASSED AWAY THURSDAY, APRIL 27, 1995.

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.

The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT

S. 820 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (BR1\18432AC.95), which was adopted:

Amend the bill, as and if amended, page 2, by deleting Section 3 and inserting:

/SECTION 3. This act takes effect upon approval by the Governor and applies to child day care facilities applying for initial licensure on or after this act's effective date./

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES,

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator STILWELL proposed the following amendment (JUD3459.002), which was adopted:

Amend the committee report, as and if amended, page [3459-2], line 7, in Section 16-3-1750, as contained in SECTION 1, by inserting after the word /pauperis./ the following:

/(E) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article shall be enforceable throughout this State./.

Amend title to conform.

The Judiciary Committee proposed the following amendment (JUD3459.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, in Section 16-3-1700, as contained in SECTION 1, by striking the words /For the purpose of/ and inserting therein the following: /As used in/.

Amend the bill further, as and if amended, page 2, line 36, in Section 16-3- 1710(B), as contained in SECTION 1, by inserting after the word /harassment/ the following:

/against/.

Amend the bill further, as and if amended, page 3, line 5, in Section 16-3- 1720(B), as contained in SECTION 1, by striking the words /which prohibits/ and inserting therein the word /prohibiting/.

Amend the bill further, as and if amended, page 4, line 2, in Section 16-3- 1750(B)(3), as contained in SECTION 1, by striking the word /state/ and inserting therein the word /State/.

Amend the bill further, as and if amended, page 4, beginning on line 12, in Section 16-3-1750(D), as contained in SECTION 1, by striking subsection (D) in its entirety and inserting therein the following:

/(D) The magistrate's court shall provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court also shall provide forms to facilitate the preparation and filing of motions and affidavits to proceed in forma pauperis./.

Amend title to conform.

At 11:42 A.M. Senator MARTIN assumed the Chair.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

On motion of Senator HOLLAND, S. 814 was ordered to receive a third reading on Thursday, May 11, 1995.

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3026.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 1-3-245. (A) A member of a state board, council, commission, or committee who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board, council, commission, or committee is considered removed from the board, council, commission, or committee and a vacancy is created. The chairman of the board, council, commission, or committee immediately shall notify the Governor or appropriate appointing authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence must be defined by each respective board, council, commission, or committee in rules governing its operation.

(B) This section does not apply to an ex officio member of a state board, council, commission, or committee or to a designee of an ex officio member."/

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS

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

Senator CORK proposed the following amendment (JUD3091.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 5 and inserting therein the following:

/"SECTION 5. Article 1, Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-300. Sections 12-54-300 through 12-54-350 are known and may be cited as the `Driver's Privacy Protection Act'.

Section 12-54-310. As used in Sections 12-54-300 through 12-54-350:

(1) `Department' means either the Department of Revenue or the Department of Public Safety;

(2) `Motor vehicle record' means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the department;

(3) `Person' means an individual, organization, or entity, but does not include the State or a department or agency thereof; and

(4) `Personal information' means information that identifies an individual, including an individual's photograph; social security number; driver identification number; name; mailing address or street address, but not does not include the county of registration or the five-digit zip code; telephone number; and medical or disability information. `Personal information' does not include information on vehicular accidents, driving violations, and driver status.

Section 12-54-320. (A) Except as provided in subsection (B), the department, or any officer, employee, or agent thereof, shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the department in connection with a motor vehicle record.

(B) The personal information referred to in subsection (A) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information

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