1995 Permanent Senate Journal Printed Pages 1680-1691 - South Carolina Legislature Online

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 1670, Apr. 11 | Printed Page 1691, Apr. 11

Printed Page 1680 . . . . . Tuesday, April 11, 1995

H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

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

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

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

H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO

Printed Page 1681 . . . . . Tuesday, April 11, 1995

PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.

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

H. 3906--Recalled

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator BRYAN from the Committee on Corrections and Penology submitted a majority favorable with amendment and Senator PATTERSON a minority unfavorable report on:

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

Ordered for consideration tomorrow.

Printed Page 1682 . . . . . Tuesday, April 11, 1995

Senator BRYAN from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3524 favorable with amendment:

H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.

Poll of the Invitations Committee on H. 3524
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Patterson

Stilwell          Russell          O'Dell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Peeler Matthews Thomas

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3674 favorable with amendment:

H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS

Printed Page 1683 . . . . . Tuesday, April 11, 1995

OF THE SENATE AND THEHOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.

Poll of the Invitations Committee on H. 3674
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Patterson

Stilwell          Russell          O'Dell

Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Peeler Matthews Thomas

TOTAL--3

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Freestanding Ambulatory Surgery Center Assn. of S.C. to attend a brunch/reception in the lower lobby, State House on Wednesday, April 19, 1995, from 9:30 until 11:30 A.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           PattersonRussellO'DellPassailaigue

Rose

TOTAL--7

Printed Page 1684 . . . . . Tuesday, April 11, 1995

NAYS

TOTAL--0

NOT VOTING
Peeler Matthews Thomas

TOTAL--3

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the Electric Cooperatives of S.C., Inc. to attend a luncheon at the Carolina Coliseum on Wednesday, April 19, 1995, at 1:00 P.M.

Poll of the Invitations Committee
Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Patterson

Russell           O'Dell           Passailaigue

Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING
Peeler Matthews Thomas

TOTAL--3

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN

Printed Page 1685 . . . . . Tuesday, April 11, 1995

RECOGNITION OF THE CHICORAINDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

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:

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS

Printed Page 1686 . . . . . Tuesday, April 11, 1995

FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Senator LEVENTIS spoke on the Resolution.

S. 677--Ordered to a Third Reading

On motion of Senator LEVENTIS, S. 677 was ordered to receive a third reading on Wednesday, April 12, 1995.

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.

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

Printed Page 1687 . . . . . Tuesday, April 11, 1995

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 SETZLER, the Bill was carried over.

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 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

Printed Page 1688 . . . . . Tuesday, April 11, 1995

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' LICENSES, COMMERCIAL AND 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

Printed Page 1689 . . . . . Tuesday, April 11, 1995

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".

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

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

DEBATE INTERRUPTED

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

Printed Page 1690 . . . . . Tuesday, April 11, 1995

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 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

Printed Page 1691 . . . . . Tuesday, April 11, 1995

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.

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

Printed Page 1670, Apr. 11 | Printed Page 1691, Apr. 11

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