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Session 110 - (1993-1994)Printer Friendly
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H 3656 General Bill, By D. Smith
Similar (S 0271)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section 38-3-65 so as to allow the Chief Insurance Commissioner to suspend the driver's license of a driver, for a period not to exceed thirty days, under certain conditions and circumstances; to amend the 1976 Code by adding Section 38-73-458 so as to prohibit an automobile insurer from raising an insured's premium based upon the insured's driving record or accident record, or combination of both of these, or from removing an insured's safe driver discount under certain conditions and circumstances, if the insured completes and passes a safe driver course approved by the Commissioner; to amend the 1976 Code by adding Section 56-1-467 so as to provide that in addition to all other penalties provided by law a person may have his license to drive suspended for six months if he is convicted of, or pleads guilty or nolo contendere to, five traffic offenses in a one-year period or is convicted of, or pleads guilty or nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period, and provide that this suspension can be waived only upon a showing to the Commissioner of extreme hardship and substantial rehabilitation; to amend Section 38-73-450, relating to fairness of automobile insurance rates or premium charges, burden on insurer to prove fairness, and factors to be considered by the Commissioner, so as to require the Commissioner to take into account investment income from all sources, all profits from every source, including investment income, both active and passive, and earned interest, prohibit an insurer from claiming reduced profit by doing, or failing to do, certain things, require that any profit of an insurer exceeding ten percent per annum be refunded to its insureds unless the insurer can demonstrate extreme and compelling hardship justifying the refund of a lesser sum, and provide that a request for any rate increase or premium increase may be denied or disapproved by taking into account as a factor the inefficiency of the insurer or sufficient insurer profit; to amend Section 38-73-455, as amended, relating to automobile insurance rates, so as to delete the provisions relating to the Reinsurance Facility; to amend Section 38-73-735, as amended, relating to plans or credits or discounts to automobile insureds, so as to delete the provisions authorizing the plans to be ceded to the Reinsurance Facility; to amend Section 38-73-750, as amended, relating to the requirement that automobile insurers file plans for allocating expenses and profit, so as to delete the references to the Reinsurance Facility; to amend Section 38-73-760, as amended, relating to uniform statistical plans for the automobile insurance business, so as to delete the reference to the Reinsurance Facility; to amend Section 38-77-30, as amended, relating to definitions pertaining to automobile insurance, so as to delete the definition of the Reinsurance Facility; to amend Section 38-77-285, as amended, relating to the requirement that all automobile insurance coverages for an insured's automobile must be in one policy, so as to provide for the requirement to apply to individual passenger automobiles instead of vehicles ceded to the Reinsurance Facility; to provide that nothing in this Act shall be construed to eliminate the mandate on automobile insurers doing business in this State to write insurance for all or for self-insured plans approved by the Commissioner to comply with the financial responsibility statutes of this State, and to provide that nothing in this Act shall be construed to eliminate compulsory insurance for all drivers and compliance with the financial responsibility statutes; to require the Commissioner to approve a ten percent reduction in rate or premium charges used by automobile insurers; and to repeal Sections 38-73-1420 and 38-73-1425, relating to the Reinsurance Facility and other matters, 38-77-920, relating to the provision that insurers and agents may not refuse acceptance of automobile insurance and related matters, 38-77-940, relating to automobile insurance and avoiding certain classes or types of risks and canceling an agent's representation, 38-77-950, relating to unreasonable or excessive use of the Reinsurance Facility by an insurer, and 38-77-960, relating to automobile insurance agent's business, and Article 5, Chapter 77, Title 38 relating to the Reinsurance Facility.
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Similar (S 0271)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section 38-3-65 so as to allow the Chief Insurance Commissioner to suspend the driver's license of a driver, for a period not to exceed thirty days, under certain conditions and circumstances; to amend the 1976 Code by adding Section 38-73-458 so as to prohibit an automobile insurer from raising an insured's premium based upon the insured's driving record or accident record, or combination of both of these, or from removing an insured's safe driver discount under certain conditions and circumstances, if the insured completes and passes a safe driver course approved by the Commissioner; to amend the 1976 Code by adding Section 56-1-467 so as to provide that in addition to all other penalties provided by law a person may have his license to drive suspended for six months if he is convicted of, or pleads guilty or nolo contendere to, five traffic offenses in a one-year period or is convicted of, or pleads guilty or nolo contendere to, driving under the influence of alcohol or drugs two or more times in a one-year period, and provide that this suspension can be waived only upon a showing to the Commissioner of extreme hardship and substantial rehabilitation; to amend Section 38-73-450, relating to fairness of automobile insurance rates or premium charges, burden on insurer to prove fairness, and factors to be considered by the Commissioner, so as to require the Commissioner to take into account investment income from all sources, all profits from every source, including investment income, both active and passive, and earned interest, prohibit an insurer from claiming reduced profit by doing, or failing to do, certain things, require that any profit of an insurer exceeding ten percent per annum be refunded to its insureds unless the insurer can demonstrate extreme and compelling hardship justifying the refund of a lesser sum, and provide that a request for any rate increase or premium increase may be denied or disapproved by taking into account as a factor the inefficiency of the insurer or sufficient insurer profit; to amend Section 38-73-455, as amended, relating to automobile insurance rates, so as to delete the provisions relating to the Reinsurance Facility; to amend Section 38-73-735, as amended, relating to plans or credits or discounts to automobile insureds, so as to delete the provisions authorizing the plans to be ceded to the Reinsurance Facility; to amend Section 38-73-750, as amended, relating to the requirement that automobile insurers file plans for allocating expenses and profit, so as to delete the references to the Reinsurance Facility; to amend Section 38-73-760, as amended, relating to uniform statistical plans for the automobile insurance business, so as to delete the reference to the Reinsurance Facility; to amend Section 38-77-30, as amended, relating to definitions pertaining to automobile insurance, so as to delete the definition of the Reinsurance Facility; to amend Section 38-77-285, as amended, relating to the requirement that all automobile insurance coverages for an insured's automobile must be in one policy, so as to provide for the requirement to apply to individual passenger automobiles instead of vehicles ceded to the Reinsurance Facility; to provide that nothing in this Act shall be construed to eliminate the mandate on automobile insurers doing business in this State to write insurance for all or for self-insured plans approved by the Commissioner to comply with the financial responsibility statutes of this State, and to provide that nothing in this Act shall be construed to eliminate compulsory insurance for all drivers and compliance with the financial responsibility statutes; to require the Commissioner to approve a ten percent reduction in rate or premium charges used by automobile insurers; and to repeal Sections 38-73-1420 and 38-73-1425, relating to the Reinsurance Facility and other matters, 38-77-920, relating to the provision that insurers and agents may not refuse acceptance of automobile insurance and related matters, 38-77-940, relating to automobile insurance and avoiding certain classes or types of risks and canceling an agent's representation, 38-77-950, relating to unreasonable or excessive use of the Reinsurance Facility by an insurer, and 38-77-960, relating to automobile insurance agent's business, and Article 5, Chapter 77, Title 38 relating to the Reinsurance Facility.
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| 03/08/93 | House | Introduced and read first time HJ-26 |
| 03/08/93 | House | Referred to Committee on Labor, Commerce and Industry HJ-28 |
| 04/20/93 | House | Tabled in committee |