H 3747 General Bill, By J.J. Bailey, Bailey, K.E. Bailey, R.A. Barber, Barfield, 
J.M. Baxley, L. Blanding, J. Brown, C.D. Chamblee, Davenport, Elliott, J. Faber, 
E.M. Fant, T.L. Farr, J.G. Felder, T. Ferguson, Glover, B.J. Gordon, 
J.V. Gregory, P.B. Harris, B.H. Harwell, Hayes, J.H. Hodges, D.N. Holt, 
T.E. Huff, M.F. Jaskwhich, J.C. Johnson, R.O. Kay, W.P. Keesley, 
H.H. Keyserling, J.E. Lockemy, S.G. Manly, D.E. Martin, F.E. McBride, 
D.M. McEachin, J.T. McElveen, McKay, D.A. Moss, J.H. Nesbitt, Phillips, Rhoad, 
J.I. Rogers, T.F. Rogers, I.K. Rudnick, P.E. Short, R. Smith, J.J. Snow, 
Townsend, J.W. Tucker, C.Y. Waites, Washington, L.S. Whipper, J.M. White, 
J.B. Wilder, Wilkes, Wilkins and J.B. Williams
 A Bill to amend Section 38-73-1350, Code of Laws of South Carolina, 1976,
 relating to cooperation among rating organizations, so as to change their name
 to advisory organizations and delete the antitrust exemption in order to
 promote competition in the insurance industry and allow them to compile and
 disseminate only historic loss data with no mathematical manipulation; to
 repeal Sections 38-73-510, 38-73-530, 38-73-1210, 38-73-1270, 38-73-1280,
 38-73-1290, 38-73-1310, 38-73-1320, 38-73-1330, 38-73-1340, 38-73-1360, and
 38-73-1540, relating to the requirement that every Workers' Compensation
 insurer be a member of a nonpartisan rating bureau, the authority of the Chief
 Insurance Commissioner to grant a competitive insurance rate on a specific
 risk, the requirement that members of rating organizations are not required to
 file individually, the requirement that notice of changes in rules and
 regulations must be given to subscribers, the prohibition that a rating
 organization may not adopt a rule which would regulate certain payments, the
 requirement that a member or subscriber to a rating organization shall adhere
 to the filings made on its behalf, provisions regarding application by a
 member of or subscriber to a rating organization for deviation by a casualty
 or automobile insurer, the hearing and action before the Commission regarding
 the rating organization upon application, the making of rules for submission
 to the Commission by a rating organization, the appeal by a minority of
 members or subscribers of a rating organization from an action or decision of
 the organization to the Commission, the subscription or purchase of actuarial,
 and other technical services, and rate filing by insurers which are not
 supported by data from unauthorized advisory organizations; to amend Sections
 38-57-130 and 38-57-140, relating to the prohibition of misrepresentations,
 special inducements, and rebates in all insurance rebated and the definition
 of discrimination and rebates regarding life insurance, annuities, and
 disability insurance, so as to authorize rebates of agents, commissions in
 automobile insurance policies and contracts; to reenact Section 38-73-465, so
 as to provide for the revision and review of rates for automobile insurance by
 the Chief Insurance Commissioner, including provisions which limit the amount
 for each premium dollar of expenses allowable, codify the rate of return
 formula on investment income, and require a fifteen percent rate reduction for
 the average driver with zero merit rating surcharge points; amend Section
 38-77-910, relating to unlawful discrimination between policyholders or
 applicants, so as to provide that neither gender nor age may be included in
 rating plans but miles driven must be included; by adding Section 38-77-360 so
 as to require automobile insurance companies to develop and implement safety
 programs to help lower costs; by adding Sections 34-3-120 and 34-3-130 so as
 to authorize the participation of financial institutions in reinsurance and in
 insurance exchanges, and three years from the effective date of Section
 34-3-120 authorize these institutions to enter all lines of insurance; to
 amend Section 38-77-950, relating to unreasonable or excessive use of the
 Reinsurance Facility, so as to prohibit companies from ceding automobile
 drivers to the Facility unless the objective standards are met, and require an
 insurance company to inform policyholders if they are in the Reinsurance
 Facility; to amend Section 38-77-600, relating to the Reinsurance Facility
 recoupment charge, so as to eliminate the entire recoupment charge for
 policyholders with no surcharge points and increase the multiplier in the
 formula for policyholders in the Facility; to amend Section 38-77-620,
 relating to the inclusion of recoupment charges in automobile insurance rates,
 so as to delete the addition of the base to the recoupment charge and add
 expenses which are actual, prudently incurred to those factors used in
 determining rates for small commercial automobile risks; to amend Section
 38-77-110, relating to the requirement of automobile insurance companies to
 write or renew automobile insurance policies for individual private passenger
 automobiles or small commercial risks, so as to provide for penalties for
 avoidance to write the policies or for undue coercion or other unfair
 employment practices by companies against their agents; by adding Section
 38-77-245 so as to provide that when an uninsured motor vehicle is involved in
 a motor vehicle accident where the driver of the other vehicle who is insured
 is at fault, the uninsured driver, if any, is entitled to damages for bodily
 injury resulting from the accident but no property damages to the uninsured
 motor vehicle are allowed; and by adding Article 2, Chapter 77, Title 38 so as
 to require a certificate of insurance to be placed on all motor vehicles
 registered in this State so as to insure that all motor vehicles have
 automobile liability policies in force on these vehicles, and to provide that
 each policyholder, by the implementation of a certificate of insurance system,
 be responsible for the insurance of his vehicle so that the recoupment fee
 surcharge may be abolished and provide penalties for violations.
   03/23/89  House  Introduced and read first time HJ-4
   03/23/89  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-6
   01/23/90  House  Tabled in committee