1996 Permanent House Journal Printed Pages 710-723 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

Printed Page 700, Feb. 8 | Printed Page 723, Feb. 13

Printed Page 710 . . . . . Tuesday, February 13, 1996

September 12, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of South Carolina members of The Society of the Plastics Industry, Inc. (SPI), thank you for accepting our request in scheduling the SPI South Carolina Legislative Reception for Tuesday, March 26, 1996.

We are looking forward to you and your colleagues attendance that evening from 6:00 until 8:00 P.M. at The Stadium Place in Columbia.

If you have any immediate questions or need additional information, please do not hesitate to call me at 617/932-0012.

Thank you.

Sincerely,
Loretta A. Capezzuto
Regional Manager

October 24, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annual Bird Supper. This will be our twenty-fifth quail dinner for the legislature and other public officials.

The Bird Supper will be held on Tuesday, March 19, 1996, at the National Guard Armory, Columbia, South Carolina. Cocktails will be served at 6:30 P.M. and dinner at 7:15 P.M.

We appreciate this opportunity to meet with our elected officials and express our concerns.

Sincerely,
Warren S. Carpenter, President

Printed Page 711 . . . . . Tuesday, February 13, 1996

December 12, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

AAA Carolinas would like to reserve March 20, 1996, from 6 P.M. to 8 P.M. as the date and time to hold a reception for the members of the South Carolina House of Representatives.

Mr. Jim Cantey, a member of AAA Carolinas' Board of Directors, has graciously offered to host the party at either his home, 4805 Portobello Drive, Columbia (29206) or at his lake home at 537 Jacobs Mill Pond, Columbia (29223).

The exact site, along with a map, will be sent to the members of the House as the date nears. The hesitancy is because of some work being done at the Mill Pond site that might affect its usefulness for the reception.

I hope this information is appropriate for your needs.

Sincerely,
Tom Crosby
Vice-president, Communications

January 11, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Department of Archives and History extends an invitation to you, your colleagues and staff in the House of Representatives, members of the Senate and their staff to join us for coffee and refreshments during our 1996 Legislative Day.

The drop-in reception is scheduled for Wednesday, March 27, 8:30 A.M. until 10:00 A.M. in room 208 of the Blatt Building. Refreshments will be provided courtesy of the South Carolina Archives and History Foundation.

We plan to have a scale model of the new South Carolina History Center, drawings of exterior and interior views of the building, and a

Printed Page 712 . . . . . Tuesday, February 13, 1996

representative of HOK architects to answer questions and offer insight on the design process.

You will also have an opportunity to meet Will B. Spence, President and Chief Executive Officer of Wachovia Bank of South Carolina, and newly-elected president of the Archives and History Foundation.

It would not be a proper Archives and History function without some historic treasures from our collection. Look for documents, drawings and photographs regarding the construction and design of the State House, plus more "gems" from the archives.

We hope you will add our event to the House Calendar, and plan to join us for an informal morning to remember the past and hear about the future of the Department of Archives and History.

Sincerely,
George L. Vogt
Director

January 16, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the members of the South Carolina Summary Court Judges Association it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly's One Hundred and Twelfth Session. The pleasure of their company is requested at Seawell's Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina, on March 13th, 1996, commencing at six o'clock P.M.

Sincerely,
William H. Womble, Jr., President

Printed Page 713 . . . . . Tuesday, February 13, 1996

January 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the members of the South Carolina State Library Board, I would like to invite the members of the House of Representatives and their staff to a breakfast drop-in at the South Carolina State Library on Wednesday, March 13, 1996, from 8:00 until 10:00 A.M. At this occasion we will preview the Notable South Carolina State Documents of 1995 which are selected in observance of Freedom of Information Day.

The State Library is located at 1500 Senate Street (corner of Bull and Senate Streets).

We look forward to your acceptance.

Sincerely yours,
Willie C. Saleeby
(Mrs. Edward E.)
Member, S.C. State Library Board

January 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Please put Wednesday, March 20, 1996, on the House Calendar for legislators to join Public Library Trustees, Friends and Library Administrators from throughout South Carolina for a luncheon at the Holiday Inn (Assembly Street) beginning at 12:30 P.M.

Sincerely yours,
Louise McAulay, President

Printed Page 714 . . . . . Tuesday, February 13, 1996

January 23, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the Roundtable, I would like to invite the members of the House of Representatives to a breakfast. It will be held on Wednesday, March 6, at 8:00 A.M. The location is the Blatt Building, Room 208.

Our objective is to bring into focus issues that regard children. One of our presenters will be Senator Mike Fair. We look forward to this and ask that you please place this on the official House Calendar.

Thank you for your help.

Sincerely,
Judy B. Small
Roundtable Member and Coordinator

January 26, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 27, 1996, at 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia, S.C. We would like to cordially invite the members of the House to attend this function.

I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact Anne Gillespie at the Association office.

Thank you for your assistance.

Sincerely yours,
L. Andrew Westbrook, III
Chairman
Young Bankers Division

Printed Page 715 . . . . . Tuesday, February 13, 1996

February 6, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the Up-State, Mid-State, Lowcountry and Southern Piedmont Chapters of the Alzheimer's Association for South Carolina, I would like to cordially invite the House of Representatives to a Legislative Coffee Drop-in on Thursday, March 7, 1996. It will be from 9:00 A.M. until 10:30 A.M. in Room 208 Blatt Building.

Approximately 50,000 people in South Carolina have Alzheimer's disease or a related disorder today, and this number is expected to grow still higher as our population ages. These numbers become more devastating when those who care for these individuals are counted. The more support that can be provided to the families, the longer the patient can stay in the community, thereby delaying or preventing nursing home placement. Access to appropriate services, training, and day care or respite care are essential needs of these families.

Also essential to the needs of Alzheimer's disease is understanding from legislators. This is the one opportunity for Alzheimer's disease victims, caregivers and family members to meet with the members of the General Assembly to thank them for their continuous efforts and support.

On behalf of all the persons affected with Alzheimer's disease, we look forward to seeing you on this date.

Sincerely yours,
Leanne Holt
Executive Director
Mid-State Chapter
Alzheimer's Association

Printed Page 716 . . . . . Tuesday, February 13, 1996

February 12, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Please be advised that the Members of the South Carolina Supreme Court, the South Carolina Court of Appeals, the Circuit Court of South Carolina and the Family Court of South Carolina, plan to cordially invite the Constitutional Officers of the State of South Carolina, the Members of the General Assembly of the State of South Carolina, and their staff to "An Old Fashioned Pig Pickin and Barbecue" to meet the Judges of this State, informally and personally on Tuesday evening, the Twelfth of March, from six until at the Woman's Club of Columbia, 1703 Blossom Street, Columbia, South Carolina.

If you should need any additional information, please advise. With regards, I am

Sincerely,
Judge Paul M. Burch

HOUSE RESOLUTION

The following was introduced:

H. 4590 -- Rep. Stuart: A HOUSE RESOLUTION CONGRATULATING THE PELION HIGH SCHOOL BOYS CROSS COUNTRY TEAM ON WINNING THE 1995 CLASS A/AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 15, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives were delighted to learn that the Pelion High School Panthers Cross Country Team saved its best for last, and its best resulted in winning the 1995 Class A/AA State Championship; and

Whereas, the Panthers placed five runners in the top 21 places and won the title with 61 points; and

Whereas, Coach Mark Bedenbaugh noted that this was the first boys state championship in the school's history and to beat Ben Lippen was an accomplishment because they had beaten the Panthers earlier this year; and

Printed Page 717 . . . . . Tuesday, February 13, 1996

Whereas, the Pelion High varsity team consisted of Kevin McCrarey, Paul Crawford, Jeremy Price, Michael Hicks, Bryan Pruitt, Elisha Brinton, and Mitch Rowell; and

Whereas, the Panthers junior varsity team consisted of William Folden, Ethan Crews, Ronald Runions, William Marsh, Andrew Heath, Matt Pendleton, Raymond Puckett, Jason Orrey, Patrick Livingston, Chris Lincoln, Shaun Williamson, Jon Marsh, Josh Gantt, Greg Crawford, Rich Debreau, Clifford Poole, Erick Sprenne, Denny Hancock, John MacDonald, and Eric Livingston; and

Whereas, the Panthers of Pelion High School, led by their fine Coach Mark Bedenbaugh, exhibited outstanding talent and have brought honor to Pelion High School and to the Town of Pelion. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Pelion High School Boys Cross Country Team on winning the 1995 Class A/AA State Championship.

Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on Thursday, February 15, 1996, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be forwarded to Mark Bedenbaugh, Head Coach of Pelion High School's Cross Country Team, and to Jean Haggard, Principal of Pelion High School.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4591 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

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

Printed Page 718 . . . . . Tuesday, February 13, 1996

H. 4592 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THIS MORATORIUM.

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

H. 4593 -- Reps. Meacham, Cato, Young-Brickell, Witherspoon, Hutson, Law, Cooper, Fulmer, Spearman, Wells, Seithel, Cain, Hallman, Simrill, Bailey, Limbaugh, H. Brown, Stuart, Robinson, Wofford, Trotter, Whatley, Marchbanks, Jaskwhich, Tripp, Davenport, Stille, Townsend, Littlejohn, Sharpe, Kelley, Chamblee, Wilder, Gamble, Waldrop, Riser, Phillips, Lanford, Rice and Allison: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO FURTHER DEFINE "AUTOMOBILE INSURANCE" AND ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE

Printed Page 719 . . . . . Tuesday, February 13, 1996

REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES AND ADD A PROVISION THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO ADD PROVISIONS REGARDING "COLLATERAL SOURCES"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO PROVIDE THAT "DAMAGES" INCLUDE ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO PROVIDE, AMONG OTHER THINGS, 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, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350 AND THAT INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE NONSTACKABLE POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING CERTAIN POLICY PROVISIONS; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO

Printed Page 720 . . . . . Tuesday, February 13, 1996

ADDITIONAL UNINSURED MOTORIST COVERAGE AND TO UNDERINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, 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 AND THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION; TO AMEND SECTION 56-9-350, RELATING TO THE VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, THE EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF PUBLIC SAFETY ON A FORM PRESCRIBED BY THAT DEPARTMENT, THAT THE REPORT MUST CONTAIN CERTAIN INFORMATION, AND THAT FAILURE TO FILE THE REPORT, IN THE PROPER VERIFIED MANNER, IS PRIMA FACIE EVIDENCE THAT THE VEHICLE WAS NOT PROPERLY REGISTERED; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURERS, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE FURTHER REASONS WHICH CANNOT BE USED BY AN INSURER, AGENT, OR BROKER REFUSING TO WRITE OR RENEW SUCH COVERAGE, WITH PENALTIES, 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 TITLE 38, CHAPTER 77, RELATING TO AUTOMOBILE

Printed Page 721 . . . . . Tuesday, February 13, 1996

INSURANCE, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLISHMENT OF THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE RATES FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, INCLUDING A "PREFERRED" RATE, A "STANDARD" RATE, A "NONPREFERRED" RATE, AND A "SUBSTANDARD" RATE, AND THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE PERFORMANCE OF VARYING AMOUNTS OF PUBLIC SERVICE; 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 POSSIBLE INCREASE IN RATES, EFFECT OF SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THIS LIST MUST BE ON AN APPROVED FORM AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT 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 JOINT UNDERWRITING ASSOCIATION MUST BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION

Printed Page 722 . . . . . Tuesday, February 13, 1996

38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO CHANGE THE PENALTIES THEREFOR; TO AMEND SECTION 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT AN INSURER MAY CEDE THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY THAT IT IS MANDATED TO WRITE TO THE JOINT UNDERWRITING ASSOCIATION, RATHER THAN THE REINSURANCE FACILITY, BUT IT MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW TO WRITE EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; TO REPEAL SECTIONS 38-73-1420, RELATING TO THE FILING OF AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES BY THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY, 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY AND THE PROVISION THAT THIS SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING VEHICLES ELIGIBLE TO BE CEDED TO THE REINSURANCE FACILITY, 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE

Printed Page 723 . . . . . Tuesday, February 13, 1996

OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT, EXCEPT THAT IF SECTION 38-78-110 OR SECTION 38-78-120 IS FOUND UNCONSTITUTIONAL OR INVALID IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD NOT HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT SUCH LIMITATIONS AND THE ENTIRE ACT IS INVALID; AND TO PROVIDE THAT IF SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL PROTECTION INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT TO ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH UNCONSTITUTIONALITY OR INVALIDITY AND ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.

Referred to Committee on Labor, Commerce and Industry.

Printed Page 700, Feb. 8 | Printed Page 723, Feb. 13

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