1994 Permanent House Journal Printed Pages 2880-2893 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 2870, Mar. 1 | Printed Page 2893, Mar. 1

Printed Page 2881 . . . . . Tuesday, March 1, 1994

H. 4574--OBJECTIONS

The following Bill was taken up.

H. 4574 -- Reps. Baker, Cato, Clyborne and Jaskwhich: A BILL TO AMEND SECTION 47-5-50, 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 AND EXEMPT THEM FROM THE PROHIBITION.

Reps. HOUCK, SIMRILL, ELLIOTT, MOODY-LAWRENCE, KIRSH, WITHERSPOON and RISER objected to the Bill.

S. 520--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE
Columbia, S.C., March 1, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 520 ("poll watcher qualifications"):
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Very respectfully,
President

On motion of Rep. HODGES, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. J. WILDER, CROMER and T.C. ALEXANDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3840--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON

Printed Page 2882 . . . . . Tuesday, March 1, 1994

WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20345SD.94).

Amend the bill, as and if amended, in Section 59-25-25 of the 1976 Code, as contained in SECTION 1, by striking the last sentence which begins on line 34, page 1, so that when amended Section 59-25-25 shall read:

/ "Section 59-25-25.Notwithstanding any other provision of law, a person who was employed and certified as a teacher in the public schools of this State at the time of his retirement under the South Carolina Retirement System may return to covered employment in any school of this State which employment he was qualified for at the time of retirement regardless of whether or not his teaching certificate has been renewed."/

Amend title to conform.

Rep. PHILLIPS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. PHILLIPS having the floor.

H. 3421--OBJECTIONS

Rep. SCOTT withdrew his objection to the following Bill whereupon an objection was raised by Rep. CATO.

Printed Page 2883 . . . . . Tuesday, March 1, 1994

DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM

Printed Page 2884 . . . . . Tuesday, March 1, 1994

PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR,

Printed Page 2885 . . . . . Tuesday, March 1, 1994

CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS

Printed Page 2886 . . . . . Tuesday, March 1, 1994

WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS,

Printed Page 2887 . . . . . Tuesday, March 1, 1994

SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

H. 3387--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3387 however, other objections remained upon the Bill.

S. 511--OBJECTION WITHDRAWN

Rep. ELLIOTT withdrew his objection to the following Bill.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED

Printed Page 2888 . . . . . Tuesday, March 1, 1994

FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.

H. 4124--OBJECTION WITHDRAWN

Rep. ANDERSON withdrew his objection to the following Bill.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

H. 3421--OBJECTIONS

Rep. BREELAND withdrew his objection to the following Bill whereupon objections were raised by Reps. SIMRILL, CORNING, ROBINSON and KELLEY.

H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL

Printed Page 2889 . . . . . Tuesday, March 1, 1994

PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A

Printed Page 2890 . . . . . Tuesday, March 1, 1994

MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO,

Printed Page 2891 . . . . . Tuesday, March 1, 1994

AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD

Printed Page 2892 . . . . . Tuesday, March 1, 1994

OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111,

Printed Page 2893 . . . . . Tuesday, March 1, 1994

RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

Printed Page 2870, Mar. 1 | Printed Page 2893, Mar. 1

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