Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 2160 . . . . . Tuesday, April 4, 1995
CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL

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CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3914 -- Reps. Simrill, Cromer, Hallman, Seithel, Sandifer, Mason, Meacham, Easterday, Lanford, Limbaugh, Tripp, Haskins, Wells, Fulmer, Davenport, Allison, Limehouse and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO REQUIRE A COURT TO CONFISCATE THE LICENSE PLATE AND MOTOR VEHICLE REGISTRATION OF EACH MOTOR VEHICLE REGISTERED IN THE NAME OF A PERSON CONVICTED OF CERTAIN CRIMES, TO PROVIDE THE PERIOD A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED MAY NOT APPLY FOR A NEW LICENSE, TO PROVIDE THE PROCEDURE FOR WHICH A LICENSE PLATE MUST BE SURRENDERED, TO PROVIDE THE PENALTY FOR A PERSON WHO FAILS TO SURRENDER A LICENSE, AND TO ALLOW A SPECIAL LICENSE PLATE TO BE ISSUED TO DRIVERS IN THE HOUSEHOLD OF A PERSON WHOSE LICENSE PLATE HAS BEEN CONFISCATED; TO AMEND SECTION 56-9-500, RELATING TO THE SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON SUSPENSION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE AND THE CONTINUATION OF THE SUSPENSION UNTIL FINANCIAL RESPONSIBILITY IS PROVEN, SO AS TO NOT PERMIT A PERSON WHOSE MOTOR VEHICLE REGISTRATION MAY BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES TO AVOID SUSPENSION BY MAINTAINING PROOF OF FINANCIAL RESPONSIBILITY ON ALL VEHICLES REGISTERED TO HIM; AND TO REPEAL SECTION 56-3-1340 RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE NOT AUTOMATICALLY SUSPENDING A PERSON'S MOTOR VEHICLE REGISTRATION OR LICENSE PLATES.

Referred to Committee on Judiciary.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL

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ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Without reference.

H. 3916 -- Rep. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 1, 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, AND OTHER COURTS OF UNIFORM JURISDICTION, SO AS TO PROVIDE THAT THE JUDGES OR JUSTICES OF THESE COURTS MUST BE ELECTED BY THE QUALIFIED VOTERS OF THIS STATE IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE CONSTITUTION, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT MAGISTRATES MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY

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IN WHICH THEY SERVE, AND MUNICIPAL JUDGES MUST BE ELECTED BY THE QUALIFIED ELECTORS OF THE MUNICIPALITY IN WHICH THEY SERVE.

Referred to Committee on Judiciary.

H. 3917 -- Reps. Keyserling, Herdklotz, L. Whipper, Jaskwhich and Whatley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-440 SO AS TO PROVIDE THAT THE TOTAL COMBINED TAX PROVIDED FOR IN SECTIONS 12-27-230, 12-27-240, AND 12-27-1210 MUST BE SIXTEEN CENTS PER 125,070 BRITISH THERMAL UNITS FOR ALTERNATIVE MOTOR FUEL.

Referred to Committee on Ways and Means.

H. 3918 -- Reps. Keyserling, L. Whipper and Whatley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1217 SO AS TO PROVIDE STATE INDIVIDUAL INCOME TAX CREDITS FOR QUALIFIED RESIDENTIAL RENEWABLE ENERGY SOURCE EXPENDITURES, QUALIFIED RESIDENTIAL ENERGY EFFICIENCY EXPENDITURES, AND FOR THE PURCHASE OF MOTOR VEHICLES USING ALTERNATIVE FUELS; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REMOVE THE TOTAL EXEMPTION FOR RESIDENTIAL USE ELECTRICITY AND NATURAL GAS AND PROVIDE FOR LIMITED TAXATION ON THESE ITEMS AND TO PROVIDE FOR THE CREDITING OF THE REVENUE.

Referred to Committee on Ways and Means.

H. 3919 -- Reps. Keyserling, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FIFTY PERCENT OF THE FAIR MARKET VALUE OF VEHICLES PROPELLED BY ALTERNATIVE FUEL.

Referred to Committee on Ways and Means.

H. 3920 -- Reps. Keyserling, L. Whipper and Whatley: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON MOTOR VEHICLES AND OTHER PROPERTY, SO AS TO

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INCREASE THE MAXIMUM TAX, IMPOSE SPECIAL CAPS FOR FUEL EFFICIENT MOTOR VEHICLES, AND TO DISTRIBUTE THE ADDITIONAL REVENUE TO COUNTIES FOR PROPERTY TAX RELIEF.

Referred to Committee on Ways and Means.

H. 3921 -- Reps. Keyserling, Whatley and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1216 SO AS TO ALLOW CORPORATE INCOME TAX CREDITS FOR VARIOUS ALTERNATIVE ENERGY RELATED ACTIVITIES; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REDUCE THE EXEMPTION ALLOWED FUEL AND ELECTRICITY USED IN MANUFACTURING, POWER GENERATION, TRANSPORTATION, MINING, AND QUARRYING, AND TO PROVIDE FOR THE USE OF THE REVENUE OF THE REDUCED EXEMPTIONS.

Referred to Committee on Ways and Means.

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

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

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE

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MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

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

Rep. SHEHEEN objected.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Cain             Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harwell          Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           Mason
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.

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Smith, R.        Spearman         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whipper, L.      White            Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 4. 

Grady A. Brown           Theodore A. Brown
Alma W. Byrd             Ralph W. Canty
Joseph T. McElveen, Jr.  Marion P. Carnell
Michael S. Whatley       F.G. Delleney, Jr.
C. Alex Harvin, III      Eugene C. Stoddard
Jackson S. Whipper

Total Present--121

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. J. YOUNG a leave of absence for the week due to Air Force Reserve Duty.

The SPEAKER granted Rep. S. WHIPPER a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 29.

DOCTOR OF THE DAY

Announcement was made that Dr. John Stewart of Columbia is the Doctor of the Day for the General Assembly.

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SENT TO THE SENATE

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

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

H. 3578--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 11, which was adopted.

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

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H. 3604--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 11, which was adopted.

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

ORDERED TO THIRD READING

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

S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.

Rep. TOWNSEND explained the Bill.

S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. A. YOUNG explained the Joint Resolution.

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H. 3827--DEBATE ADJOURNED

The following Bill was taken up.

H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS

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RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO
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CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.

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