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 3410, May 11 | Printed Page 3431, May 11 |
Printed Page 3420 . . . . . Thursday, May 11, 1995
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. CROMER having the floor.

RATIFICATION OF ACTS

At 11:15 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R67) S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60 RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

(R68) S. 482 -- Senator Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-235 SO AS TO PROVIDE THAT ANY STUDENT WHO, IT IS DETERMINED, HAS BROUGHT A FIREARM TO SCHOOL OR ANY SETTING UNDER THE JURISDICTION OF A LOCAL BOARD OF TRUSTEES MUST EXPEL HIM FOR NO LESS THAN ONE YEAR, TO ESTABLISH PROCEDURES FOR THE EXPULSION AND REQUIRE THE DISTRICT TO ESTABLISH A POLICY FOR REFERRING EACH EXPELLED STUDENT TO THE LOCAL COUNTY OFFICE OF THE DEPARTMENT OF JUVENILE JUSTICE.

Printed Page 3421 . . . . . Thursday, May 11, 1995
(R69) S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: AN ACT TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

(R70) S. 534 -- Finance Committee: AN ACT TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

(R71) S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: AN ACT TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

(R72) S. 564 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Printed Page 3422 . . . . . Thursday, May 11, 1995
(R73) S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R74) S. 645 -- Senators Drummond and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.

(R75) S. 669 -- Senators J. Verne Smith and Leatherman: AN ACT TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.

(R76) S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

(R77) S. 686 -- Transportation Committee: AN ACT TO AMEND SECTION 16-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR

Printed Page 3423 . . . . . Thursday, May 11, 1995
REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION AND A CERTIFICATE OF TITLE TO A TRANSFEREE; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

(R78) S. 732 -- Senator Drummond: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

(R81) H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R82) H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: AN ACT TO AMEND SECTION 50-11-870, AS

Printed Page 3424 . . . . . Thursday, May 11, 1995
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

(R83) H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

(R84) H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R85) H. 3606 -- Rep. Richardson: AN ACT TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM FOR YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS

Printed Page 3425 . . . . . Thursday, May 11, 1995
TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

(R86) H. 3666 -- Education and Public Works Committee: AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, TO AMEND SECTION 57-3-615, RELATING TO TOLLS ADMINISTERED BY THE DEPARTMENT OF TRANSPORTATION SO AS TO PROVIDE THAT A TOLL PROJECT IN EXCESS OF ONE HUNDRED FIFTY MILLION DOLLARS MAY ONLY BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

(R87) H. 3734 -- Rep. Askins: AN ACT TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

(R88) H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: AN ACT TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE

Printed Page 3426 . . . . . Thursday, May 11, 1995
GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

(R90) H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

(R91) H. 4137 -- Reps. Spearman, McAbee and Clyburn: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

THE HOUSE RESUMES

At 11:40 A.M. the House resumed, the SPEAKER in the Chair.

H. 3765--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Printed Page 3427 . . . . . Thursday, May 11, 1995
AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Judiciary.

Rep. CROMER continued speaking.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\18448AC.95), which was adopted.

Amend the bill, as and if amended, page 3765-2, line 13, by deleting /A/ and inserting /In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a/.

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. CROMER explained the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 94; Nays 1

Those who voted in the affirmative are:

Allison          Askins           Baxley
Boan             Breeland         Brown, H.
Brown, T.        Cain             Carnell
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Davenport
Delleney         Easterday        Fair
Fulmer           Gamble           Hallman
Harris, J.       Harrison         Harvin
Haskins          Herdklotz        Hines
Hodges           Howard           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           McCraw

Printed Page 3428 . . . . . Thursday, May 11, 1995
McElveen         McKay            McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, R.        Spearman         Stoddard
Stuart           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--94

Those who voted in the negative are:

Dantzler

Total--1

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

H. 3765--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MEACHAM, with unanimous consent, it was ordered that H. 3765 be read the third time tomorrow.

RECORD FOR JOURNAL

I was in the Senate Chamber when the vote on H. 3765 was taken. Had I been present, I would have voted for the Bill.

Rep. ROBERT W. HARRELL, JR.

Rep. FAIR moved that the House do now adjourn, which was rejected by a division vote of 10 to 68.

Printed Page 3429 . . . . . Thursday, May 11, 1995
H. 3827--DEBATE ADJOURNED

Rep. RICHARDSON moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.

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

Printed Page 3430 . . . . . Thursday, May 11, 1995
COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS 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
Printed Page 3431 . . . . . Thursday, May 11, 1995
UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO 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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