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

Page Finder Index
| Printed Page 1630, Apr. 6 | Printed Page 1650, Apr. 6 |
Printed Page 1640 . . . . . Thursday, April 6, 1995
S. 715 -- Senators Jackson and Short: 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.

Read the first time and referred to the General Committee.

H. 3922 -- Reps. Shissias, Quinn, Cotty, Howard, Neal, Scott and Rogers: A CONCURRENT RESOLUTION CONGRATULATING THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A SIXTH STRAIGHT FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UN CONFERENCE.

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

H. 3934 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS OF MR. BOB FULTON AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS ON THE OCCASION OF HIS RETIREMENT.

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

H. 3935 -- Reps. Waldrop, J. Brown and Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JULIAN E. GRANT FOR HIS OVER SIXTY YEARS OF SERVICE TO NEWBERRY COUNTY AS A PRACTICING PHYSICIAN AND COMMUNITY LEADER.

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

H. 3936 -- Reps. Koon, Sharpe, Rhoad, Chamblee, Spearman, Riser, Gamble, McTeer and Witherspoon: A CONCURRENT RESOLUTION

Printed Page 1641 . . . . . Thursday, April 6, 1995
TOCOMMEND AND CONGRATULATE MARION T. BURNSIDE, CHAIRMANOF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR ALL OF HIS ACCOMPLISHMENTS, AWARDS, AND EFFORTS IN PROMOTING ENVIRONMENTAL AWARENESS IN SOUTH CAROLINA.

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

H. 3937 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MR. FLETCHER LEE EVANS OF GREENVILLE COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS AS PRESIDENT OF THE STATE BROTHERHOOD AUXILIARY TO THE STATE BAPTIST EDUCATION AND MISSIONARY CONVENTION.

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

H. 3938 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS TENNIS TEAM OF FORT MILL HIGH SCHOOL ON WINNING THE 1994 STATE CLASS AAA TENNIS CHAMPIONSHIP.

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

H. 3939 -- Reps. Cain and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN H. KELLEY OF WALHALLA UPON BEING NAMED "1995 ADVOCATE OF THE YEAR" BY THE NATIONAL AMERICAN SCHOOL COUNSELOR ASSOCIATION.

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

H. 3940 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO "CITY YEAR COLUMBIA" FOR THEIR MANY CONTRIBUTIONS TO THE MIDLANDS OF SOUTH CAROLINA.

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

H. 3960 -- Rep. Riser: A CONCURRENT RESOLUTION TO CELEBRATE THE HISTORY AND TRADITION OF THE EBENEZER METHODIST CHURCH OF BOWMAN ON THE OCCASION OF ITS CENTENNIAL ON NOVEMBER 5, 1995.

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

Printed Page 1642 . . . . . Thursday, April 6, 1995
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

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

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

REPORTS OF STANDING COMMITTEES

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR

Printed Page 1643 . . . . . Thursday, April 6, 1995
LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

Ordered for consideration tomorrow.

Senator WILLIAMS from the Committee on Judiciary polled out H. 3606 favorable:

H. 3606 -- Rep. Richardson: A BILL 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 OF 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 TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

Poll of the Judiciary Committee on H. 3606

Ayes 14; Nays 0; Not Voting 4

AYES

Williams          Holland          McConnell

Wilson            Stilwell         Moore

Russell           Rose             Courtney





Printed Page 1644 . . . . . Thursday, April 6,
1995



Cork              GregoryJackson

Lander            Martin

TOTAL--14

NAYS
TOTAL--0


NOT VOTING


Saleeby           Bryan            Ford

Glover


TOTAL--4



Ordered for consideration tomorrow.


Senator WILSON from the General Committee submitted a favorable with amendment report
on:

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan,
Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday,
A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair,
Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty,
R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells,
Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and
Kirsh:  A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS
TO
ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE
STATE
DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES
AND TO
EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO
ENTER
AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR
NONCOMPLIANCE; TO
REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT
ON-LINE ACCESS
TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC
TO
EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL
ASSEMBLY
TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE
STATE
AGENCIES TO TARGET AFDC RECIPIENTS



Printed Page 1645 . . . . . Thursday, April 6,
1995



 FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE
NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE
DEPARTMENT'S
EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING
AND
PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF
SOCIAL
SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC
RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF
THE
FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF
A CHILD
RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS;
TO
LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND
SIXTY
MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR
MANDATORY
PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC
ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN
AFDC
FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER
CERTAIN
CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN
SATISFACTORY SCHOOL
ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE
EXCEPTIONS; TO
REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE
PROVIDING
SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE
ADDITIONAL
INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF
CHILD
SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO
AMEND THE
1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO
SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS
OF AGE;
TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO
AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT
THROUGH THE
REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS'



Printed Page 1646 . . . . . Thursday, April 6,
1995



 LICENSES, COMMERCIALAND RECREATIONAL HUNTING, FISHING, AND TRAPPING
LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING
ARTICLE
32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND
ENFORCEMENT OF
PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND
SECTION
43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS
AND
TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION
43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT
CONCERNING THE
CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE
ASSIGNMENT
OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO
AMEND
SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY
ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN
ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO
AMEND SECTION
44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF
PATERNITY, SO
AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO
CHARGE
UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE
DEPARTMENT OF
SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO
IMPLEMENT CERTAIN
PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS
PART
I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT
PROCEEDINGS AND ENFORCEMENT".

Ordered for consideration tomorrow.

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






Printed Page 1647 . . . . . Thursday, April 6,
1995




THIRD READING BILL


The following Bill was read the third time and ordered sent to the House of
Representatives:


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, 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.

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. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams:  A BILL 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 GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.





Printed Page 1648 . . . . . Thursday, April 6,
1995



Senators MESCHER and COURTNEY explained the Bill.

CARRIED OVER


S. 705 -- Education Committee:  A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE
SOUTH
CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1995 WHICH PERMITS CERTAIN
STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC
ENDOWMENT
INCENTIVE TRUST FUND, THE DISBURSEMENTS FROM WHICH SHALL BE MATCHED BY THE
STATE ON A
FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS,
NEED-BASED
TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE
QUALITY
OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER
EDUCATION IN
AREAS DETERMINED TO BE OF CRITICAL NEED.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE
PROCEEDED
TO THE INTERRUPTED DEBATE.

CARRIED OVER


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
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



Printed Page 1649 . . . . . Thursday, April 6,
1995



 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 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.





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