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, Apr. 4 | Printed Page 1410, Apr. 4 |
Printed Page 1400 . . . . . Tuesday, April 4, 1995
Amendment No. 1

Senator BRYAN proposed the following Amendment No. 1 (BBM\10043JM.95):

Amend the bill, as and if amended, by striking SECTIONS 8 and 9 on Page 8 and inserting:

/SECTION 8. (A) Section 38-77-950 of the 1976 Code, as last amended by Act 104 of 1993 and by Section 828 of Act 181 of 1993, is further amended to read:

"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The director or his designee shall prohibit unreasonable or excessive utilization of the facility. 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 cede more than thirty-five fifty 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. Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).

Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four twenty-seven months following October 1, 1993."

Printed Page 1401 . . . . . Tuesday, April 4, 1995
(B) The provisions of Section 38-77-950 of the 1976 Code, as amended by subsection (A) of this section, are effective January 1, 1996.

SECTION 9. (A) Section 38-77-950 of the 1976 Code, as last amended by Act 104 of 1993 and by Section 828 of Act 181 of 1993, is further amended to read:

"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The director or his designee shall prohibit unreasonable or excessive utilization of the facility. 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 cede more than thirty-five sixty-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. Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).

Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four twenty-seven months following October 1, 1993."

(B) The provisions of Section 38-77-950 of the 1976 Code, as amended by subsection (A) of this section, are effective January 1, 1997.

SECTION 10. (A) Section 38-77-950 of the 1976 Code, as last amended by Act 104 of 1993 and by Section 828 of Act 181 of 1993, is further amended to read:

"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or

Printed Page 1402 . . . . . Tuesday, April 4, 1995
risks in certain rating territories. The director or his designee shall prohibit unreasonable or excessive utilization of the facility. 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 cede more than thirty-five eighty 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. Upon the written request of the policyholder, insurance companies doing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).

Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four twenty-seven months following October 1, 1993."

(B) The provisions of Section 38-77-950 of the 1976 Code, as amended by subsection (A) of this section, are effective January 1, 1998.

SECTION 11. (A) Section 38-77-950 of the 1976 Code, as last amended by Act 104 of 1993 and by Section 828 of Act 181 of 1993, is further amended to read:

"Section 38-77-950. It is the intent of this chapter that the facility must not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated by the department, nor for the purpose of discriminating against the risks or risks in certain rating territories. The director or his designee shall prohibit unreasonable or excessive utilization of the facility. 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 cede more 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. An automobile insurance 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. Upon the written request

Printed Page 1403 . . . . . Tuesday, April 4, 1995
of the policyholder, insurance companiesdoing business in this State shall give written notice to the policyholder informing him whether or not he and a driver under the policy is in the facility. Insurers shall give written notice to the policyholder of a risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e).

Total direct cedeable written premiums as used in this section do not include premiums attributable to risks ceded to the facility that do not qualify for the safe driver discount in Section 38-73-760(e) for twenty-four twenty-seven months following October 1, 1993."

(B) The provisions of Section 38-77-950 of the 1976 Code, as amended by subsection (A) of this section, are effective January 1, 1999.

SECTION 12. Notwithstanding any other provision of law, recoupment fees for private passenger automobile insurance for the twelve months ending June 30, 1996, shall not exceed the level charged during the twelve-month period ending June 30, 1995; and Reinsurance Facility losses unrecouped due to this section shall be recouped evenly during the three-year period beginning July 1, 1996.

SECTION 13. Except as otherwise specifically provided herein, this act takes effect upon approval by the Governor. The new rates shall be effective to all policies issued or renewed on or after January 1, 1996. The provisions of Section 6 shall take effect October 1, 1995. The provisions of Section 7 shall take effect October 1, 1996./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

Senator MARTIN argued contra to the adoption of the amendment.

With Senator MARTIN retaining the floor, Senator HOLLAND moved that the Senate revert to a consideration of S. 9.

There was no objection.

Debate was interrupted, Senator MARTIN retaining the floor.

THE SENATE PROCEEDED TO THE SENATE REAPPORTIONMENT BILL.

DEBATE INTERRUPTED

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

Printed Page 1404 . . . . . Tuesday, April 4, 1995
ENUMERATION OF THE INHABITANTS OFTHE 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, 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.

Amendment No. 1

Senator WILSON proposed the following Amendment No. 1 (9C001.AJW), which was tabled:

Amend the bill, as and if amended, by striking Section 2 and inserting a new Section 2 to read as follows:

/SECTION 2. The 1976 Code is amended by adding:

"Section 2-1-65. Commencing with the 1996 general election, one member of the Senate must be elected from each of the following districts:"
DISTRICT 1

Area. . . . .Population

Oconee County. . . . . 57,494

Pickens County

ALBERT R. LEWIS. . . . . 2,027

HOLLY SPRINGS. . . . . 1,437

MOUNTAIN VIEW. . . . . 1,218

Printed Page 1405 . . . . . Tuesday, April 4, 1995
PUMPKINTOWN. . . . . 1,492

SIX MILE. . . . . 3,368

UNIVERSITY. . . . . 9,240

DISTRICT TOTAL. . . . . 76,276

PERCENT VARIATION. . . . . 0.631

DISTRICT 2

Area. . . . .Population

Pickens County

AMBLER . . . . . 1,493

ARIAL MILL. . . . . 3,052

BRUSHY CREEK. . . . . 1,699

CALHOUN . . . . . 3,672

CEDAR ROCK. . . . . 990

CENTRAL 1. . . . . 2,483

CENTRAL 2. . . . . 2,058

CLEMSON . . . . . 2,554

CROSSWELL. . . . . 2,611

DACUSVILLE. . . . . 3,962

EASLEY . . . . . 3,687

FLAT ROCK. . . . . 1,964

FOREST ACRES. . . . . 4,034

GEORGES CREEK. . . . . 1,276

LAWRENCE CHAPEL. . . . . 719

LIBERTY 1. . . . . 3,428

LIBERTY 2. . . . . 1,398

MCKISSICK. . . . . 2,613

NORRIS . . . . . 1,994

PARK STREET. . . . . 5,011

PICKENS 1. . . . . 3,617

PICKENS 2. . . . . 2,588

PICKENS 3. . . . . 3,675

PIKE . . . . . 755

POWDERSVILLE. . . . . 3,211

PRATERS CREEK. . . . . 1,265

RICES CREEK. . . . . 1,290

Printed Page 1406 . . . . . Tuesday, April 4, 1995
SMITH GROVE. . . . . 2,202

STONE CHURCH. . . . . 2,626

ZION . . . . . 3,185

DISTRICT TOTAL. . . . . 75,112

PERCENT VARIATION. . . . . -0.905

DISTRICT 3

Area. . . . .Population

Abbeville County

CALHOUN FALLS 2. . . . . 1,151

LOWNDESVILLE 1. . . . . 484

LOWNDESVILLE 2. . . . . 336

MOUNTAIN VIEW. . . . . 457

Anderson County

APPLETON EQUINOX. . . . . 2,142

BISHOPS BRANCH. . . . . 1,413

CENTERVILLE. . . . . 5,348

CORNER . . . . . 335

DENVER SANDY SPRINGS. . . . . 2,054

EDGEWOOD. . . . . 3,626

FIVE FORKS. . . . . 1,346

FLATROCK. . . . . 2,066

FORK 1 . . . . . 816

FORK 2 . . . . . 1,292

GLUCK MILL. . . . . 469

GREEN POND. . . . . 3,989

GROVE SCHOOL. . . . . 301

HALL . . . . . 2,125

HOMELAND PARK. . . . . 4,367

HOPEWELL. . . . . 2,518

IVA . . . . . 2,468

JACKSON MILL. . . . . 1,285

LA FRANCE. . . . . 630

LAKESIDE. . . . . 3,433

MELTON . . . . . 562

Printed Page 1407 . . . . . Tuesday, April 4, 1995
MOUNT TABOR. . . . . 1,723

MOUNTAIN CREEK. . . . . 1,745

PENDLETON. . . . . 4,112

ROCK MILL. . . . . 2,059

STARR . . . . . 910

TOWNVILLE. . . . . 555

VARENNES. . . . . 2,820

WALKER-MCELMOYLE. . . . . 963

WARD 1 PRECINCT 1. . . . . 2,559

WARD 1 PRECINCT 2. . . . . 1,708

WARD 2 PRECINCT 1. . . . . 1,971

WARD 2 PRECINCT 2. . . . . 3,647

WARD 3 PRECINCT 1

Tract 0001.00

Blocks: 104, 108. . . . . 58

Tract 0002.00

Blocks: 709, 710, 711. . . . . 102

Tract 0004.00

Blocks: 103, 201, 203, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312. . . . . 809

WARD 5 PRECINCT 1. . . . . 1,150

WARD 6 PRECINCT 1. . . . . 2,767

WEST SAVANNAH. . . . . 436

DISTRICT TOTAL. . . . . 75,107

PERCENT VARIATION. . . . . -0.912

DISTRICT 4

Area. . . . .Population

Abbeville County

BROADMOUTH. . . . . 505

DONALDS . . . . . 717

DUE WEST. . . . . 2,032

HALLS STORE. . . . . 1,239

KEOWEE . . . . . 555

ROCK SPRINGS. . . . . 708

Printed Page 1408 . . . . . Tuesday, April 4, 1995
Anderson County

BAKERS CREEK. . . . . 306

BELTON . . . . . 6,460

BOWLING GREEN. . . . . 727

BROADWAY. . . . . 2,485

BRUSHY CREEK. . . . . 3,706

CEDAR GROVE. . . . . 1,378

CHIQUOLA MILL. . . . . 1,216

CONCRETE. . . . . 4,660

CRAYTONVILLE. . . . . 1,246

FRIENDSHIP. . . . . 1,156

HAMMOND SCHOOL. . . . . 2,726

HIGH POINT. . . . . 745

HONEA PATH. . . . . 2,424

MCADAMS . . . . . 228

PELZER . . . . . 1,537

PIEDMONT. . . . . 1,201

PIERCETOWN. . . . . 716

SIMPSONVILLE. . . . . 2,285

THREE AND TWENTY. . . . . 3,981

TONEY CREEK. . . . . 617

WEST PELZER. . . . . 2,625

WHITE PLAINS. . . . . 2,612

WILLIAMSTON MILL. . . . . 1,941

WILLIAMSTON. . . . . 4,947

Greenville County

DUNKLIN. . . . . 2,862

FORK SHOALS

Tract 0032.00

Blocks: 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 511. . . . . 1,094

Tract 0033.02

Blocks: 401, 428. . . . . 44

Printed Page 1409 . . . . . Tuesday, April 4, 1995
GANTT

Tract 0020.03

Blocks: 905, 906. . . . . 461

Tract 0034.00

Blocks: 911, 912, 913, 914. . . . . 89

GROVE

Tract 0033.01

Blocks: 201, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 226, 227, 228. . . . . 901

Tract 0033.02

Blocks: 301, 302, 303, 304. . . . . 169

Tract 0035.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 905, 906, 907, 908, 909, 910, 911, 912, 913, 915, 921, 922. . . . . 1,191

HOPEWELL. . . . . 3,304

PIEDMONT. . . . . 3,032

REEAY FORK

Tract 0033.02

Blocks: 104, 105, 106, 107, 108, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 318, 319, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333. . . . . 893

WARE PLACE

Tract 0032.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325, 326, 328, 329. . . . . 1,704

Tract 0033.01

Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430. . . . . 999

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