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

Page Finder Index
| Printed Page 2360, Apr. 12 | Printed Page 2380, Apr. 12 |
Printed Page 2370 . . . . . Wednesday, April 12, 1995
H. 4006 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HANDICAPPED PERSONS AND PERSONS OF CERTAIN AGES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES WEIGHING FIVE THOUSAND POUNDS OR LESS, SO AS TO EXEMPT PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER AND PERSONS WHO ARE HANDICAPPED FROM PAYING THE BIENNIAL REGISTRATION FEE FOR A PRIVATE PASSENGER-CARRYING VEHICLE, AND TO EXEMPT PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FROM PAYING THE BIENNIAL REGISTRATION FEE FOR A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Referred to Committee on Education and Public Works.

H. 4007 -- Reps. Keyserling, Harvin, Cotty, Kirsh, Littlejohn, Cave, White, Witherspoon, Rhoad, Rogers, Simrill, Haskins, Knotts, Wilder, Riser, Richardson, McElveen and Jennings: A BILL TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND THE DEPARTMENT OF REVENUE AND TAXATION'S AUTHORITY TO ADJUST DEPRECIATION ALLOWANCES, SO AS TO PROVIDE A PROCEDURE TO ESTABLISH THE FAIR MARKET VALUE OF A MOTOR VEHICLE LICENSED BY THE DEPARTMENT.

Referred to Committee on Ways and Means.

H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL

Printed Page 2371 . . . . . Wednesday, April 12, 1995
MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.

On motion of Rep. GOVAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4011 -- Reps. Huff and Clyburn: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES, DETENTION CENTERS, AND HOLDOVER FACILITIES FOR JUVENILES, SO AS TO PROVIDE THAT IN CENTERS AND FACILITIES OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE PER DIEM MUST BE PAID BY THE COUNTY COMMITTING A JUVENILE RATHER THAN THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY HAVING ORIGINAL JURISDICTION WHERE THE OFFENSE OCCURRED.

Referred to Committee on Judiciary.

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST

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PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

Referred to Committee on Education and Public Works.

H. 4013 -- Rep. Tucker: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 119 SO AS TO PROVIDE FOR RESEARCH, DETECTION, CONTROL, AND ABATEMENT OF RADON BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 4014 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE AND TO PROVIDE THAT CERTAIN EVIDENCE PRESENTED IN THIS PROCEEDING MAY BE USED IN A CRIMINAL PROSECUTION; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE

Printed Page 2373 . . . . . Wednesday, April 12, 1995
DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE NUMBER OF TESTS THAT MAY BE ADMINISTERED AND THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.

Referred to Committee on Judiciary.

H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4016 -- Reps. Mason, Sharpe, Neilson, Kinon, Clyburn, Meacham, R. Smith, Richardson, Quinn, Huff and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-75 SO AS TO MAKE IT UNLAWFUL TO ENGAGE

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IN THE PRACTICE OF COUNSELING OR MARITAL AND FAMILY THERAPY UNLESS LICENSED UNDER CHAPTER 75 OR ANOTHER PROVISION OF STATE LAW AUTHORIZING SUCH PRACTICE AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4017 -- Reps. Cato, Tripp, Vaughn and Easterday: A BILL TO PROVIDE THAT THE SCHOOL DISTRICT OF GREENVILLE COUNTY IS SUBDIVIDED INTO FOUR SEPARATE SCHOOL DISTRICTS.

Referred to Committee on Education and Public Works.

H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Labor, Commerce and Industry.

H. 4019 -- Reps. Simrill, Meacham and A. Young: A BILL TO AMEND SECTION 22-3-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND DOCKETING OF MAGISTRATE'S JUDGMENTS IN THE CIRCUIT COURT, SO AS TO PROVIDE THAT ANY PERSON WHO FAILS TO SATISFY A JUDGMENT AGAINST HIM IN A CIVIL ACTION RENDERED IN MAGISTRATE'S COURT WITHIN SIXTY DAYS AFTER IT HAS BEEN FILED AND DOCKETED IN THE CIRCUIT COURT AS PROVIDED ABOVE MAY BE PUNISHED BY A TERM OF IMPRISONMENT OF NOT MORE THAN SIXTY DAYS.

Referred to Committee on Judiciary.

H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

Referred to Committee on Ways and Means.

H. 4021 -- Reps. Stille and Cooper: A JOINT RESOLUTION TO AMEND ARTICLE X OF THE CONSTITUTION OF SOUTH

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CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND BONDED DEBT, BY ADDING SECTION 23 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A RESERVE FUND FOR THE CONTINGENCY OF THE FEDERAL GOVERNMENT'S DECLARATION OF BANKRUPTCY SO THAT THE STATE OF SOUTH CAROLINA WILL HAVE SUFFICIENT FUNDS SET ASIDE AND IN RESERVE WHEN THAT ANTICIPATED DISASTER OCCURS.

Referred to Committee on Ways and Means.

H. 4022 -- Rep. Cooper: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "GENERAL CONTRACTOR" AND "MECHANICAL CONTRACTOR", SO AS TO INCREASE THE THRESHOLD AMOUNTS OF THE COST OF THE UNDERTAKING A PERSON WOULD AGREE TO ACCEPT TO COME WITHIN THE MEANING OF THESE TWO DEFINITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4023 -- Rep. Davenport: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO PROVIDE THAT ANY PERSON WHO HAS HELD A LICENSE FOR AT LEAST TEN CONSECUTIVE YEARS MAY ONLY BE REQUIRED TO TAKE CONTINUING EDUCATION COURSES IN HEALTH-RELATED SUBJECTS.

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

H. 4024 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-657 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY A PERSON OF HIS RIGHTS WHEN THE PERSON IS IDENTIFIED AS THE PERPETRATOR IN AN ALLEGED CASE OF ABUSE OR NEGLECT; TO PROHIBIT THE DEPARTMENT FROM CONTACTING A MINOR FAMILY MEMBER OF THE SUBJECT OF A REPORT OF ABUSE OR NEGLECT UNLESS THE CHILD'S PARENTS CONSENT; AND TO AUTHORIZE ATTORNEY'S FEES TO AN ALLEGED PERPETRATOR OF ABUSE

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OR NEGLECT WHEN THE REPORT IS DETERMINED TO BE UNFOUNDED.

Referred to Committee on Judiciary.

H. 4025 -- Rep. Davenport: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY THE CHILD ABUSE AND NEGLECT LAWS OF THIS STATE; TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND STAFFING; AND TO PROVIDE THAT THE TASK FORCE IS ABOLISHED UPON SUBMISSION OF ITS REPORT AND RECOMMENDATIONS.

Referred to Committee on Judiciary.

H. 4026 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-565 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO SUBJECT A PERSON MAKING A FALSE REPORT TO LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND BY ADDING SECTION 20-7-567 SO AS TO SUBJECT THE DEPARTMENT OF SOCIAL SERVICES TO A FINE OF UP TO TEN THOUSAND DOLLARS AND LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS FOR VIGOROUSLY PURSUING THE INVESTIGATION OR PROSECUTION OF A REPORT OF ABUSE OR NEGLECT THAT THE DEPARTMENT KNEW OR SHOULD HAVE KNOWN WAS FALSE.

Referred to Committee on Judiciary.

H. 4027 -- Rep. Davenport: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHERE PROPERTY MAY BE ANNEXED BY A PETITION SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE OF THE PROPERTY, SO AS TO PROVIDE THAT NO PROPERTY MAY BE ANNEXED UNLESS THE ANNEXING MUNICIPALITY PUBLISHES A SERVICE PLAN AND REQUIRES A FISCAL IMPACT STATEMENT SHOWING THE FEES AND TAXES WHICH WOULD BE LEVIED ON ALL PROPERTY LOCATED IN THE AREA TO BE ANNEXED, AND TO PROVIDE AN ALTERNATE METHOD OF DEANNEXING PROPERTY ANNEXED USING THIS METHOD.

Referred to Committee on Judiciary.

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H. 4028 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-13-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO REVISE LICENSE REQUIREMENTS, DEFINE CULTURED GAME FISH, AND REVISE PENALTIES.

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

H. 4029 -- Reps. Rhoad, Riser and Witherspoon: A BILL TO AMEND ARTICLE 8, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, HERRING AND STURGEON, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF SHAD, HERRING, AND STURGEON.

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

H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

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

H. 4031 -- Reps. Meacham, Herdklotz, Cato, Lloyd, Simrill, Easterday, Mason, Harwell, Trotter, Wright, Kirsh, Vaughn, Tripp, Riser and D. Smith: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT TO ORDER CHILD SUPPORT, SO AS TO PROHIBIT THE COURT FROM ORDERING PAYMENT OF POST SECONDARY EDUCATIONAL EXPENSES OF A CHILD.

Referred to Committee on Judiciary.

H. 4032 -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-12 SO AS TO REQUIRE THE CLERK OF COURT IN EACH

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COUNTY TO PREPARE A MONTHLY PUBLIC REGISTER CONTAINING CERTAIN INFORMATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, TO REQUIRE THE CLERK OF COURT OF EACH COUNTY TO ANNUALLY SUBMIT CERTAIN INFORMATION TO THE OFFICE OF COURT ADMINISTRATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, AND TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO SUBMIT THE INFORMATION IT RECEIVES FROM THE CLERK OF COURT TO THE GOVERNOR AND GENERAL ASSEMBLY IN AN ANNUAL REPORT.

Referred to Committee on Judiciary.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

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

H. 4034 -- Reps. Shissias, Meacham, J. Harris, Cromer, Cobb-Hunter, Inabinett, Seithel, Neilson, Cato, Lloyd, Wofford, Sharpe, Simrill, Allison, A. Young, Govan, Stuart, Neal, Moody-Lawrence, Rice, McElveen, Beatty, Littlejohn, Harrison, Harrell, Wells and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO DIRECT THE SOUTH CAROLINA HUMAN SERVICES COORDINATING COUNCIL TO DEVELOP AND COORDINATE THE IMPLEMENTATION OF COMMUNITY-BASED ADOLESCENT PREGNANCY PREVENTION PROGRAMS THROUGH FUNDING AVAILABLE FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO PROVIDE REQUIREMENTS FOR LOCAL PROJECTS AND SELECTION PROCEDURES.

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

H. 4035 -- Rep. Richardson: A BILL TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL

Printed Page 2379 . . . . . Wednesday, April 12, 1995
PLANS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, GRANT A SAFE DRIVER DISCOUNT BASED UPON THE INSURED'S THREE YEAR DRIVING RECORD OF NO LESS THAN TEN PERCENT SAFE DRIVER DISCOUNT AND REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR DRIVERS HAVING NO CHARGEABLE ACCIDENTS OR VIOLATIONS FOR FIVE YEARS RATHER THAN REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR THOSE ALL ELIGIBLE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, HOWEVER, ASSIGNED PRODUCERS "SHALL OFFER" AND "MAKE" COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FACILITY PHYSICAL DAMAGE RATE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED LOSS RATIO FOR RISKS SUBJECT TO THE FACILITY PHYSICAL DAMAGE RATE IS NO MORE THAN ONE HUNDRED PERCENT; AND THAT ALL PHYSICAL DAMAGE COVERAGES ARE CEDED AT THE FACILITY PHYSICAL DAMAGE RATE; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF A CEDING INSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FACILITY SHALL ACCEPT CESSIONS OF PHYSICAL DAMAGE COVERAGES AT THE FACILITY PHYSICAL DAMAGE RATE, THAT A FACILITY PHYSICAL DAMAGE RATE FOR CEDED RISKS IS ESTABLISHED OVER TWO YEARS; TO AMEND SECTION 38-77-600, AS AMENDED, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO, AMONG OTHER THINGS, REVISE THE FORMULA USED TO CALCULATE RECOUPMENT FOR ALL PRIVATE PASSENGER
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AUTOMOBILE INSURANCE POLICIES ISSUED OR RENEWED JUNE 30, 1995; AND 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.

Referred to Committee on Labor, Commerce and Industry.

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