| Printed Page 2070, Apr. 26 | Printed Page 2090, Apr. 27 |

The original Bill was the most balanced package to try to avoid the increase coming in the recoupment rates. Unfortunately, the special interests and conflicting interests have forced the dilution of the Bill. To really cure the ills of the present system, the system needs an overhaul far and beyond this which is not forthcoming today. Thus, we could not vote for a diluted reform Bill which will probably raise the rates.

Senator BRYAN asked unanimous consent to withdraw from consideration Amendment No. 1 (10043JM.95), proposed by Senator BRYAN, previously printed on April 5, 1995, and carried over.

Amendment No. 1 was withdrawn.

Senator ROSE spoke on the Bill.

Senator MARTIN proposed the following Amendment No. 10 (BBM\10067JM.95), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The Joint Insurance Laws Study Committee shall review the system of automobile insurers designated pursuant to Section 38-77-590(a) of the 1976 Code. The committee shall conduct public hearings and receive public comment, as appropriate, and make a recommendation to the General Assembly regarding action which should be taken to abolish the designated agents system in this State in an orderly and appropriate manner. This recommendation must be submitted to the Speaker of the House of Representatives and to the President of the Senate not later than December 1, 1995./

Renumber sections to conform.

Amend title to conform.

At 4:50 P.M., Senator PEELER assumed the Chair.

The amendment was adopted.

Senator HAYES asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

Senator MARTIN objected.

At 4:55 P.M., the PRESIDENT assumed the Chair.

At 5:00 P.M., Senator MOORE requested a leave of absence for Thursday, April 27, 1995.

Senator LEVENTIS proposed the following Amendment No. 16 (628R004.PPL), which was tabled:

Amend the bill, as and if amended, by striking after all enacting words and inserting in lieu thereof the following:

/SECTION 1. Section 38-77-603(A) of the 1976 Code is amended to read:

"Section 38-77-603. (A)(1) A policy, other than a renewal policy, may be ceded to the South Carolina Reinsurance Facility only when the application is accompanied by either a renewal notice from another insurer or a motor vehicle report (MVR), issued at the point of sale, together with the full premium correctly reflecting the facts shown on the MVR or consistent with the premium quoted in the renewal notice. (2)The insurer must give written notice to all insureds whose policies, including renewal policies, have been or will be ceded to the reinsurance facility including all insureds whose policies were ceded prior to the effective date of this item. The notice required by this section must be mailed to the address on the policy and must state that the policy has been ceded to the reinsurance facility and must explain the effect of the policy being ceded to the facility."/

SECTION 2. This act takes effect thirty days after approval by the Governor.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator BRYAN moved to lay the amendment on the table.

Bryan             Courtney         Drummond

Elliott           Giese            Gregory

Hayes             Jackson          Land

Lander            McGill           Mescher

Patterson         Rankin           Reese

Richter           Rose             Ryberg

Saleeby           Short            Smith, J.V.

Alexander         Cork             Ford

Glover            Leventis         Martin

McConnell         Peeler           Russell

Smith, G.         Stilwell         Waldrep

Wilson

The amendment was laid on the table.

The question then was the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander         Bryan            Courtney

Drummond          Elliott          Ford

Giese             Glover           Gregory

Hayes             Jackson          Land

Lander            McGill           Mescher

Patterson         Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Short



Printed Page 2083 . . . . . Wednesday, April 26,
1995

Smith, J.V.       Stilwell         Washington

Wilson

Cork              Leventis         Martin

McConnell         Moore            O'Dell

Passailaigue      Peeler           Smith, G.

Waldrep

The Bill was read the second time, passed and ordered to a third reading, with notice of general amendments.

I did not vote on S. 628 because there could be a very remote conflict of interest. I am a principal in a commercial insurance agency. The proposed legislation could technically allow for an expansion of the number of insurance carriers offering to write automobile insurance in the Palmetto State, including some of the carriers my agency represents.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3666 -- Education and Public Works Committee: A BILL 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

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

Senator RANKIN spoke on the Bill.

With Senator RANKIN retaining the floor, Senator DRUMMOND moved that the Senate stand adjourned.

Debate was interrupted by adjournment, Senator RANKIN retaining the floor.

Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow, April 27, 1995, at 10:00 A.M., which motion was adopted.

At 5:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, we are all, symbolically, traveling the road from Jerusalem to Jericho. Hear St. Luke, Chapter 10 (vv. 30,33):

"A certain man went down from Jerusalem to

Jericho, and fell among thieves, which

stripped him of his raiment, and wounded

him, and departed, leaving him half dead.

... But a certain Samaritan, as he journey-

ed, came where he was: and when he saw

him, he had compassion on him..."
Let us pray.

Heavenly Father, in the Scriptures You have given us a vision of that holy city, the New Jerusalem, to which the nations of the world bring their treasures and their lives.

We long for a better world than this one that we know so well.

Help us to believe that with a change in human character and attitudes, with Your help, we can eliminate poverty, hunger, racial prejudice and oppression.

With Your help and our cooperation we can live peaceful lives, and all of us, together, can enjoy the fruits of the good life.

Keep before us the vision of a New Jerusalem where folk from various cultures, and with differing talents and dreams, may find, with one another, the fulfillment of our humanity.

Help us to move forward on the Journey today!

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

April 4, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:

5th Congressional District:

Mr. Bobby R. Bagley, Post Office Box 1119, Sumter, S.C. 29151

Senator LAND introduced Dr. Clarence E. Coker, Jr. of Manning, S.C., Doctor of the Day.

The following were introduced:

S. 789 -- Senator Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.

Read the first time and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 791 -- Senator Russell: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO TRANSFER THE COMMISSION TO THE GOVERNOR'S OFFICE, CHANGE THE NAME, AND PROVIDE FOR THE DIVISION FOR THE BLIND.

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

S. 792 -- Senator Rose: A JOINT RESOLUTION TO TRANSFER JURISDICTION OVER THE RICHARD M. CAMPBELL VETERANS NURSING HOME FROM THE DEPARTMENT OF MENTAL HEALTH TO THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR.

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

S. 793 -- Senators Richter and Giese: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECTION OF ELIGIBLE JURORS, SO AS TO LIMIT THE POOL OF ELIGIBLE JURORS TO REGISTERED VOTERS.

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

S. 794 -- Senator Lander: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED

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

S. 795 -- Senator Lander: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION

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

S. 796 -- Senator Land: A BILL TO AMEND TITLE 39, CHAPTER 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG PRODUCT SELECTION, BY ADDING ARTICLE 3 SO AS TO ENACT THE FAIR PRICE ACT FOR PRESCRIPTION DRUGS, TO DEFINE TERMS, TO PRESCRIBE PRICING PROCEDURES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES; AND TO DESIGNATE SECTIONS 39-24-10 THROUGH 39-24-60 AS ARTICLE 1 OF CHAPTER 24, TITLE 39 AND ENTITLED "DRUG PRODUCT SELECTION" AND TO RENAME TITLE 39, CHAPTER 24 AS "DRUG PRODUCT SELECTION AND DRUG PRICING".

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

H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives, the Senate concurring:

That the following rules are adopted as the Joint Rules of the Senate and the House of Representatives for the 1995 and 1996 Sessions of the General Assembly:

Every Bill shall receive three readings on three several days in the House in which it originates before it is sent to the other House.

All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer.

| Printed Page 2070, Apr. 26 | Printed Page 2090, Apr. 27 |

This web page was last updated on Monday, June 29, 2009 at 2:10 P.M.