Journal of the Senate
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 1390 . . . . . Tuesday, April 4, 1995
Referred to the Committee on Judiciary.

Doctor of the Day

Senator WILSON introduced Dr. John Stewart of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator COURTNEY, at 11:20 A.M., Senator WALDREP was granted a leave of absence for today.

Leave of Absence

At 12:30 P.M., Senator SALEEBY requested a leave of absence for the balance of the day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 695 -- Senators Richter and Hayes: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

Read the first time and referred to the General Committee.

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S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

Read the first time and ordered placed on the Calendar without reference.

S. 697 -- Senators Washington, McConnell, Richter, Passailaigue, Ford, Rose and Greg Smith: A SENATE RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA STATE SENATE TO JUDGE GEORGE W. TUMBLESTON OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Senate Resolution was adopted.

H. 3908 -- Reps. Harvin and Thomas: A CONCURRENT RESOLUTION SALUTING WINYAH DISPENSARY, INC., ON THE OCCASION OF ITS TWENTY-NINTH ANNIVERSARY AND COMMENDING THE COMPANY'S FOUNDER, DR. CHARLES F. COOPER, FOR HIS BUSINESS SUCCESS AND CONTRIBUTIONS TO A STRONG SOUTH CAROLINA ECONOMY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3912 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION EXTENDING BEST WISHES AND CONGRATULATIONS TO MS. REBECCA THOMPSON BENJAMIN UPON HER 70TH BIRTHDAY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3241 -- Rep. McElveen: A BILL TO AMEND SECTION 20-7-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION OF CONSENTS AND RELINQUISHMENTS FOR THE PURPOSE OF ADOPTION, SO AS

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TOADD A JUDGE ADVOCATE AS A PERSON AUTHORIZEDTO WITNESS THE CONSENT OR RELINQUISHMENT.

Read the first time and referred to the Committee on Judiciary.

H. 3426 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE RECORD WHICH MUST BE KEPT REGARDING THE CASES AND HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE.

Read the first time and referred to the Committee on Judiciary.

H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.

Read the first time and referred to the General Committee.

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

Read the first time and referred to the Committee on Judiciary.

H. 3862 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL,

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RELATING TO HEALTH CARE COOPERATIVE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

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TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

S. 645 -- Senators Drummond and J. Verne Smith: A BILL 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.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

S. 670--Ordered to a Third Reading

On motion of Senator HOLLAND, S. 670 was ordered to receive a third reading on Wednesday, April 5, 1995.

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H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

H. 3853--Ordered to a Third Reading

On motion of Senator COURTNEY, H. 3853 was ordered to receive a third reading on Wednesday, April 5, 1995.

Recorded Vote

Senator REESE desired to be recorded as voting against the second and third readings of the Bill.

H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.

H. 3863--Ordered to a Third Reading

On motion of Senator COURTNEY, H. 3863 was ordered to receive a third reading on Wednesday, April 5, 1995.

Recorded Vote

Senator REESE desired to be recorded as voting against the second and third readings of the Bill.

CARRIED OVER

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO

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PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

On motion of Senator LEATHERMAN, the Bill was carried over.

S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

On motion of Senator MOORE, the Bill was carried over.

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20,

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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 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; 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.

On motion of Senator RYBERG, the Bill was carried over.

S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Resolution.

On motion of Senator HAYES, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, UNDER THE PROVISIONS OF RULE 10, THE SENATE PROCEEDED TO THE SENATE REAPPORTIONMENT BILL.

CARRIED OVER

S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL 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

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THE SENATEARE ELECTED IN ACCORDANCE WITH THE UNITEDSTATES 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, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Motion Adopted

Senator MOORE asked unanimous consent to make a motion that the Bill, S. 9, be temporarily carried over, until any amendments to the Bill were placed on the Desk, at which time, the Senate would revert to consideration of the Bill.

The motion was adopted.

The Bill was carried over.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO

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DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; 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 A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT 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 38-77-280, 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; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED
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DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

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