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SECTION 6. The 1976 Code is amended by adding:

"Section 56-5-2780. (A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than one thousand five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.

(B) If a driver of a vehicle violates Section 56-5-2770(a) or (e), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:

(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;

(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.

As used in this subsection, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."

SECTION 7. Section 56-5-2775 of the 1976 Code, as last amended by Act 399 of 1992, is further amended to read:

"Section 56-5-2775. The driver of a vehicle violating the provisions of Sections 56-5-2735 and 56-5-2770(a) or (e) is guilty of a misdemeanor

SECTION 8. This act takes effect upon approval by the Governor.

Amend title to conform.

/s/Donald H. Holland /s/Douglas Jennings, Jr.
/s/Thomas L. Moore /s/Gilda Y. Cobb-Hunter
/s/H. Samuel Stilwell /s/Ronald N. Fleming

On Part of the Senate.On Part of the House.

, and a message was sent to the House accordingly.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
Speaker of the House

Received as information.

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
Speaker of the House

Received as information.

S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.

On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LAND spoke on the report.

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Section 9-1-1650 of the 1976 Code is amended by adding at the end:

"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this section and Section 9-1-1660, if applicable."

SECTION 2. Section 9-8-110(1) and (2) of the 1976 Code are amended to read:

"(1) Except as provided in subsections (2) and (3) of this section, upon the death of any member of the system, a lump sum amount shall must be paid to such the persons as he shall have the member nominated by written designation, filed with the board, otherwise to his estate. Such This amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this section also may name secondary beneficiaries in the same manner that beneficiaries are named. A secondary beneficiary has no rights under this chapter unless all beneficiaries nominated by the member predecease the member and the

(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to retirement an allowance equal to one third of the allowance which would have been payable to him, assuming he was then eligible to retire and had retired on the date of his death, shall be paid to his surviving spouse until her death or remarriage. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one third of the allowance which would have been payable to him, shall be paid to the surviving spouse until death or remarriage. For purposes of this subsection, `retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."

SECTION 3. The 1976 Code is amended by adding:

"Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for members of the General Assembly."

SECTION 4. Section 9-9-100(1) of the 1976 Code is amended to read:

"(1) Upon the death of any a member of the system, a lump sum amount shall must be paid to such the person as he shall have the member nominated by written designation, filed with the board, otherwise to his the member's estate. Such This lump sum amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this item also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this item and item (3) of this section, if applicable."

SECTION 5. Section 9-11-110 of the 1976 Code is amended by adding at the end:

"(3) An active contributing member making the nomination provided under subsection (1) of this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Edward E. Saleeby /s/Marion P. Carnell
/s/John C. Land, III /s/Patrick B. Harris
/s/William C. Mescher /s/Claude V. Marchbanks

On Part of the Senate.On Part of the House.

, and a message was sent to the House accordingly.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

At 11:50 A.M., on motion of Senator LAND, the Senate receded from business subject to the Call of the Chair.

The following was introduced:

S. 911 -- Senators Holland, McConnell and Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE 5:00 P.M. ON JUNE 15, 1995, THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 16, 19, 20, 21, 22, AND 23, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON JUNE 16, 19, 20, 21, 22, OR 23 UPON CALL OF THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON FRIDAY, JUNE 23, 1995, IT SHALL STAND ADJOURNED SINE DIE.

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

That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on or before 5:00 p.m. on Thursday, June 15, 1995, each house shall stand adjourned to meet thereafter under the following terms and conditions:

(1) When the respective houses of the General Assembly adjourn on Thursday, June 15, 1995, not later than 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 16, 19, 20, 21, 22, and 23, 1995, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation and for consideration of resolutions expressing sympathy or congratulations, provided that the President of the Senate and the Speaker of the House are authorized to meet on June 16, 19, 20, 21, 22, or 23 for the ratification of acts which have been enrolled.

(2) When each house adjourns on Friday, June 23, 1995, not later than 5:00 P.M., it shall stand adjourned SINE DIE.

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

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:

Received as information.

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND spoke on the report.

On motion of Senator DRUMMOND, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and PEELER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Senator DRUMMOND moved that the Report of the Committee of Free Conference be adopted.

Senator LEVENTIS spoke on the motion.

At 12:35 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS continued speaking on the motion.

Senator LEVENTIS moved that it be the Sense of the Senate that it be the position of the Senate Conferees on H. 3362 that the Senate insist that the House vote directly on any provisions affecting Barnwell.

Senator WILLIAMS moved to table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Boan             Bryan

Courtney          Drummond         Holland

Jackson           Land             Leatherman

Martin            McConnell        McGill

Mescher           Moore            O'Dell

Patterson         Reese            Setzler

Smith, J.V.       Thomas           Williams

Cork              Courson          Elliott

Giese             Hayes            Leventis

Peeler            Rankin           Richter

Saleeby           Short            Smith, G.

Stilwell          Waldrep          Wilson

The Sense of the Senate motion was laid on the table.

I voted to table because one House of the General Assembly cannot tell another House what to do internally. The Senate would reject any attempt

Senator LEVENTIS moved that it be the Sense of the Senate that the Senate Conferees on H. 3362 seek an amendment to the Bill which would limit the extension of Barnwell to one year from its planned closure date.

Senator WILLIAMS moved to table.

A roll call vote was requested.

Senator SETZLER made a Parliamentary Inquiry as to whether or not Senator LEVENTIS had spoken twice on debate of this Bill.

The ACTING PRESIDENT stated that the Senator was speaking on the Sense of the Senate motion.

Senator McCONNELL raised a Point of Order that the Sense of the Senate motion was out of order inasmuch as the question before the body was the adoption or rejection of the Report of the Committee of Free Conference.

The ACTING PRESIDENT sustained the Point of Order and stated that the Senate having granted Free Conference Powers and the Free Conference Report having been placed on the desk and taken up for consideration without objection, the question then was the adoption of the Report of the Committee of Free Conference and the motion for a Sense of the Senate would require unanimous consent.

Senator LEVENTIS spoke on the motion and moved for a roll call vote.

Senator LEVENTIS made a Parliamentary Inquiry as to whether the two-thirds vote would apply to the adoption of the entire report?

Senator MOORE spoke on the inquiry.

The ACTING PRESIDENT stated that under the provisions of Rule 51, the adoption of the Report of the Committee of Free Conference would require a two- thirds vote of the total membership of the Senate.

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