South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

TUESDAY, FEBRUARY 25, 1992

Tuesday, February 25, 1992
(Statewide Session)

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:

Forgive us, Lord, when we allow our complaints to come so close to our eyes as to blind us to the many, many blessings which so unceasingly come from Your beneficent hand. Your goodnesses and tender mercies are beyond our deserving, or our understanding. You bless us in keeping with Your total knowledge of our needs, bestowing upon us daily gifts such as our fathers neither knew or dreamed of.

Give to us, then, the perception to heartily acknowledge Your merciful goodnesses toward us which sends us forth in willing obedience to Your will.

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 Friday, the SPEAKER ordered it confirmed.

REGULATION RESUBMITTED

The following was received.

Document No. 1389
Promulgated By Commissioners of Pilotage Port of Charleston
Harbor Pilots
Referred to House Committee on Labor, Commerce and Industry
Resubmitted February 24, 1992
Revised 120 day review expiration date June 13, 1992

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 20, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 818:
S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 4321--POINT OF ORDER

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

Reps. HASKINS and RAMA proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\8124.BD).

Amend the resolution, as and if amended, by striking all after the title and inserting:

/Whereas, the State Department of Social Services is the State's public welfare agency with a total budget of five hundred thirty-two million, one hundred six thousand, six hundred fifty-eight dollars; and

Whereas, the State Department of Social Services provides critical services to the State's most needy and vulnerable citizens and has a projected budget deficit in excess of fifteen million dollars; and

Whereas, the General Assembly is gravely concerned with the inability of the current South Carolina Board of Social Services to fulfill its basic statutory duties and its inability to work effectively with the agency's own employees, to cooperate with other agencies and branches of state government, and, importantly, to cooperate with and assist the General Assembly and the Executive Branch in efforts to help resolve the many financial and organizational problems of the State Department of Social Services; and

Whereas, the General Assembly recognizes the continuing divisions within the board and the failure of the commissioner and the board to work effectively in providing leadership, motivation, and purpose to the staff which is vital to ensuring proper oversight and accounting for the limited public resources allocated to this state agency; and

Whereas, the General Assembly recognizes that the inadequate management of this agency raises serious and legitimate doubt among the citizens of the State as to the ability of the incumbent leaders to fulfill the missions of this agency; and

Whereas, the lack of confidence in the leadership compels the General Assembly to act to avert a deepening crisis among the increasing number of our citizens who depend upon the services provided by this agency and the taxpayers who demand and rightly should expect the public resources to be properly managed and accounted for; and

Whereas, the continued independence of forty-six separate county operations of the State Department of Social Services does not allow for uniformity in and coordination of services or accountability; and

Whereas, in order to provide uniformity in and coordination of services and to assure accountability of the county operations of the departments of social services, it is necessary to place all county departments of social services directly under the State Commissioner of Social Services; and

Whereas, the General Assembly acknowledges that it is charged by statute with the responsibility to elect the members of the South Carolina Board of Social Services, and the General Assembly also recognizes that it is charged by Section 1, Article XII of the Constitution of South Carolina to provide for appropriate agencies; and

Whereas, Commissioner James L. Solomon, Jr., has announced his retirement from the State Department of Social Services effective June 30, 1992. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     The terms of office of the present members of the South Carolina Board of Social Services are terminated on the effective date of this resolution.

All powers and duties of the South Carolina Board of Social Services are transferred to the State Commissioner of Social Services.

The Governor, with the advice and consent of the Senate, shall appoint a commissioner with total authority to assume the powers and duties of the current State Commissioner of Social Services, James L. Solomon, Jr. Upon the effective date of this resolution, Mr. Solomon shall remain an employee of the department at his current salary, receive full benefits, and serve in a consulting capacity to the commissioner and report directly to him until the effective date of his retirement.

The commissioner shall report to and serves at the pleasure of the Governor. The commissioner has the authority to reorganize the State Department of Social Services at all levels in order to bring about efficiency, cost savings, or improved delivery of services or to otherwise benefit the State or the department. Reorganization may include, but is not limited to, personnel changes, a reduction in the number of employees, or a restructuring of the hierarchy of offices and employees.

The county boards of social services serve only in an advisory capacity. The county departments of social services are answerable to the State Commissioner of Social Services.

SECTION     2.     This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

Rep. HASKINS explained the amendment.

POINT OF ORDER

Rep. KENNEDY made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1313 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas, Stilwell, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SENATOR P. BRADLEY MORRAH, JR., OF GREENVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the Honorable P. Bradley Morrah, Jr., of Greenville, a former member of the South Carolina Senate and House of Representatives, died on February 17, 1992, at the age of seventy-six; and

Whereas, in 1936, he graduated from The Citadel, where he lettered in basketball and track, and, in 1939, he graduated from Duke University Law School; and

Whereas, he served in the House from Greenville County in 1941 and again from 1947 to 1948, and he represented Greenville County in the Senate from 1953 to 1966; and

Whereas, he was a very highly respected member of the General Assembly and was a distinguished practicing attorney, having served as president of the Greenville County Bar Association; and

Whereas, he served as chairman of the South Carolina American Revolution Bicentennial Commission and the United States Constitution Bicentennial Commission of South Carolina; and

Whereas, he served in the Second World War, attained the rank of major in the Army, and received the Bronze Star and seven battle stars; and

Whereas, he contributed greatly of his time, talents, and energy to many civic organizations and causes and dedicated a large part of his life to public service; and

Whereas, he was one of the best-liked and most-admired office-holders ever in the State, a giving and caring man, and a true gentleman, and he will be missed terribly by his countless friends; and

Whereas, we want his family and his friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of former Senator P. Bradley Morrah, Jr., of Greenville and extend sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Senator Morrah's family in care of his son, Bradley Morrah, III, of Greenville.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4440 -- Reps. Jaskwhich, J. Brown, Clyborne, Haskins, Rama, Wells and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROHIBIT PERSONS UNDER EIGHTEEN YEARS OF AGE FROM RIDING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER.

Referred to Committee on Education and Public Works.

H. 4441 -- Reps. Boan, Hodges, Chamblee, K. Burch, Carnell, Cooper, Delleney, Harwell, Stone, McTeer, Townsend and Wilkes: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4442 -- Reps. M.O. Alexander, G. Bailey, Mattos, Wells, Keegan, McElveen, Anderson and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 27 SO AS TO PROVIDE FOR THE RESPONSIBLE PROPERTY TRANSFER ACT OF 1992 TO ENSURE THAT PARTIES TO A REAL ESTATE TRANSACTION ARE ADVISED OF THE ENVIRONMENTAL CONDITION OF THE PROPERTY.

Referred to Committee on Judiciary.

H. 4443 -- Rep. Boan: A BILL TO AMEND SECTIONS 9-1-1620 AND 9-11-150, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BENEFIT OPTIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT BEGINNING FOR PERSONS RETIRING AFTER JUNE 30, 1992, ELECTING THE OPTION THAT ADVANCES AMOUNTS EQUAL TO POTENTIAL SOCIAL SECURITY BENEFITS, WHEN THE AMOUNT ADVANCED HAS BEEN RECOVERED, PLUS INTEREST, THE MEMBER'S BENEFIT ADJUSTS TO THE MAXIMUM BENEFIT.

Referred to Committee on Ways and Means.

H. 4444 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".

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

H. 4445 -- Rep. Cromer: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS FOR THREATENING THE LIFE OF A PUBLIC OFFICIAL OR SCHOOL TEACHER, SO AS TO ALSO MAKE IT UNLAWFUL TO THREATEN THE LIFE OF A PERSON OFFICIATING AT A SCHOOL ATHLETIC EVENT.

Referred to Committee on Judiciary.

H. 4446 -- Rep. Rogers: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR THE REGULATION OF PRIVATE INVESTIGATORS, TO CREATE A STATE BOARD OF INVESTIGATORS AND PROVIDE FOR ITS POWERS AND DUTIES, TO PROVIDE FOR THE QUALIFICATION OF APPLICANTS AND REQUIREMENTS OF APPLICATION FOR PRIVATE INVESTIGATORS, REQUIRE A BOND, PROVIDE FOR THE ISSUANCE OF LICENSES AND FEES, REGISTRATION AND FEES FOR EMPLOYEES OF THE PRIVATE INVESTIGATOR BUSINESS, SUSPENSION AND REVOCATION OF LICENSES, FOR RECIPROCITY AGREEMENTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 40-17-20, 40-17-30, 40-17-70, AND 40-17-120, ALL AS AMENDED, AND ACT 78 OF 1991, RELATING TO THE REGULATION OF PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES, SO AS TO DELETE ALL REFERENCES TO PRIVATE DETECTIVES AND PRIVATE DETECTIVE BUSINESSES; PROVIDE FOR THE CONTINUATION OF LICENSES; TO AUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PRIVATE INVESTIGATORS FOR SIX YEARS; AND TO REPEAL SECTIONS 40-17-55, 40-17-75, AND 40-17-145 OF THE 1976 CODE RELATING TO THE REGULATION OF A PRIVATE DETECTIVE.

Referred to Committee on Labor, Commerce and Industry.

H. 4447 -- Reps. Kirsh and Meacham: A BILL TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO INCLUDE WITHIN THE EXEMPTION PREPARED AND PERISHABLE FOOD.

Referred to Committee on Judiciary.

H. 4448 -- Reps. Corning and Hodges: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, AND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE THIRD TUESDAY IN AUGUST.

Referred to Committee on Judiciary.

H. 4449 -- Reps. Wilkins, Fulmer, Gonzales, Harvin, Harwell, Keegan, Kempe, Kirsh, Manly, Quinn, Rama, Riser, Smith, Vaughn, Waites, Wells and A. Young: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING NEGOTIABLE INSTRUMENTS, SO AS TO REVISE THE ARTICLE IN ITS ENTIRETY; TO AMEND CHAPTER 4 OF TITLE 36, RELATING TO BANK DEPOSITS AND COLLECTIONS, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; TO AMEND SECTIONS 36-1-201, AS AMENDED, AND 36-1-207, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3; AND TO AMEND SECTION 36-2-511, RELATING TO TENDER OF PAYMENT IN SALES CHAPTER, SO AS TO CONFORM TO THE CHANGES IN CHAPTER 3.

Referred to Committee on Judiciary.

H. 4452 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT EAVESDROPPING ON CELLULAR OR CORDLESS TELEPHONES AND CELLULAR RADIO TELEPHONES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4453 -- Rep. Quinn: A BILL TO AMEND SECTION 30-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC BODY" A COMMITTEE WHOSE MEMBERS ARE APPOINTED BY ADMINISTRATIVE PERSONNEL WHOSE PURPOSE IS TO RECOMMEND THE SELECTION OF A SITE FOR THE CONSTRUCTION OF A PUBLIC BUILDING.

Referred to Committee on Judiciary.

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

Referred to Committee on Education and Public Works.

S. 713 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1985, RELATING TO ANNEXATION OF A PORTION OF CHARLESTON COUNTY BY DORCHESTER COUNTY, SO AS TO PROVIDE FOR THE MEMBERSHIP OF THE DORCHESTER COUNTY DELEGATION.

Referred to Committee on Judiciary.

S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

Referred to Committee on Judiciary.

S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.

On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1303 -- Senators Williams and Holland: A BILL TO AMEND SECTION 1-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE 1990 CENSUS; AND TO PROVIDE THAT THE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, CONVENTION, OR PETITION FOR A COUNTYWIDE OR LESS THAN COUNTYWIDE OFFICE IS BETWEEN NOON APRIL SIXTEENTH AND NOON APRIL THIRTIETH; AND TO PROVIDE THAT FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE IN A PRIMARY ELECTION AS THE NOMINEE OF A POLITICAL PARTY FOR A COUNTYWIDE OFFICE IS NOON ON APRIL THIRTIETH.

Referred to Committee on Judiciary.

S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".

Rep. WALDROP asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KOON objected.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4450 -- Reps. Tucker, J. Brown, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER PENDLETON MAYOR DEXTER GOSSETT OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4451 -- Reps. Tucker, P. Harris, Chamblee, Shirley, Townsend and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. M. WINGO, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the Honorable Jesse Morrow Wingo of Anderson County has died at the age of eighty-three; and

Whereas, he was a retired educator, served on the Anderson County Board of Education, and served in the House of Representatives in the 1970's; and

Whereas, he was well-known and highly respected as a legislator and had a strong impact in the area of education legislation which came before the General Assembly; and

Whereas, he was an outstanding individual and a dedicated public servant who will be missed greatly by all who knew him; and

Whereas, we want his family and his many friends to know that they are in our thoughts and have our deepest sympathy. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, expresses sorrow at the death of the Honorable J. M. Wingo, former member of the South Carolina House of Representatives from Anderson County, and extends sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of the Honorable J. M. Wingo, in care of his widow, Fae Shirley Wingo, 202 Jolly-Wingo Road, Route 2, Pendleton.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, J.
Bruce                  Burch, K.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cole                   Cooper                 Cork
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Huff                   Hyatt                  Inabinett
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Riser
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shirley                Shissias               Smith
Snow                   Stoddard               Stone
Sturkie                Taylor                 Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 25.

Henry E. Brown, Jr.               C. Alex Harvin, III
Joseph McElveen, Jr.              Maggie W. Glover
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. CORBETT a leave of absence for the week.

The SPEAKER granted Rep. TOWNSEND a temporary leave of absence.

STATEMENT RE ATTENDANCE

Rep. TOWNSEND signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 25.

DOCTOR OF THE DAY

Announcement was made that Dr. Monnie Singleton of Ehrhardt is the Doctor of the Day for the General Assembly.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time and ordered returned to the Senate with amendments.

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.

H. 4253 -- Reps. Rudnick, Byrd, Kirsh and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-13-15 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT AN AUDIT, AT ANY TIME, OF ANY INSURER IN THIS STATE.

S. 383--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, March 3, which was adopted.

S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.

H. 4198--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3625.AL), which was adopted.

Amend the bill, as and if amended, Section 56-1-365 as contained in SECTION 1, by striking the fifth paragraph beginning on page 2, line 37, and inserting:

/If the defendant surrenders a driver's license at the time of conviction of an offense that requires the suspension or revocation of a driver's license and it is later found that the license surrendered was not the most recent driver's license issued to that person or if that person applies for and obtains a driver's license after conviction but before being eligible to receive a license, the department must revoke that person's driving privilege for an additional one year beyond all other applicable suspension or revocation periods./

When amended Section 56-1-365 shall read:

/Section 56-1-365.     Any A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended as part of the punishment shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment may be indicted and, upon conviction, must be fined not exceeding more than five hundred dollars.

The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

If the defendant surrenders a driver's license at the time of conviction of an offense that requires the suspension or revocation of a driver's license and it is later found that the license surrendered was not the most recent driver's license issued to that person or if that person applies for and obtains a driver's license after conviction but before being eligible to receive a license, the department must revoke that person's driving privilege for an additional one year beyond all other applicable suspension or revocation periods.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."/

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

H. 4385--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2193.AC), which was adopted.

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION     1.     The third paragraph of Section 1 of Act 544 of 1982 is amended to read:

"At any election, the candidate in each school election area receiving the highest number of votes cast shall must be elected by a majority vote in a nonpartisan election using the primary and general election method set out in Section 5-15-63 of the 1976 Code, mutatis mutandis. All members of the board shall serve until their successors have been elected and qualify."/

Amend title to conform.

The amendment was then adopted by a division vote of 10 to 3.

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

ORDERED TO THIRD READING

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

H. 4140 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.

S. 371--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill, until Wednesday, February 26, which was adopted.

S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.

H. 4274--DEBATE ADJOURNED

The following Bill was taken up.

H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6182.HC).

Amend the bill, as and if amended, in Section 9-11-150, as contained in SECTION 1, page 2, by striking options 1 and 2 and inserting:

/Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him. To the extent the actuarial cost of the beneficiary's allowance provided under this option exceeds the cost of the member's benefit as provided under Option 2, the member's retirement allowance must be reduced to offset the actuarial cost in excess of the member's benefit as provided in Option 2;

Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him. The retirement allowance of the member under this option must be the allowance otherwise payable to him on his account without reduction, except that to the extent the actuarial cost of the beneficiary's allowance provided under this option exceeds fifteen percent of the member's maximum benefit, the member's retirement allowance must be reduced to offset the cost in excess of fifteen percent of the member's maximum benefit./

Amend further, by striking SECTION 3, page 3, and inserting:

/SECTION     3.     Section 1 of this act takes effect upon approval by the Governor and applies with respect to persons retiring on or after the effective date. Section 2 of this act applies with respect to contributions made after June 30, 1992./

Amend title to conform.

Rep. LANFORD explained the amendment and moved to adjourn debate upon the Bill until Wednesday, February 26, which was adopted.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4450 -- Reps. Tucker, J. Brown, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER PENDLETON MAYOR DEXTER GOSSETT OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4451 -- Reps. Tucker, P. Harris, Chamblee, Shirley, Townsend and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. M. WINGO, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:58 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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