South Carolina General Assembly
113th Session, 1999-2000

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Bill 29


Indicates Matter Stricken
Indicates New Matter


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COMMITTEE REPORT

February 25, 1999

S. 29

Introduced by Senators Martin, Mescher, Courson, Giese, Ryberg, Alexander, Drummond, Leatherman, O'Dell, Ravenel, Russell, J. Verne Smith, Wilson, Elliott, Waldrep, Leventis, Setzler, Hayes, Branton, Rankin and Fair

S. Printed 2/25/99--S.

Read the first time January 12, 1999.

THE COMMITTEE ON BANKING AND INSURANCE

To whom was referred a Joint Resolution (S. 29), to prohibit during a specified period the charging of certain recoupment components by motor vehicle insurers, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, by striking all enacting language and inserting the following:

/ SECTION 1. Notwithstanding Act 154 of 1997 or any other provision of the law, and beginning upon March 1, 1999 and quarterly thereafter, the Department of Insurance shall review recoupment fee data and trends under the new automobile insurance delivery system effective March 1, 1999, and report to the General Assembly its findings upon comparison to data compiled under the previous system. The Director of Insurance, utilizing this data and supporting information to complete his report, shall evaluate the impact the data has on automobile insurance premiums, the insurance industry, and the consuming public, and make recommendations to the General Assembly concerning its usage.

SECTION 2. This joint resolution takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

EDWARD E. SALEEBY, for Committee.

A JOINT RESOLUTION

TO PROHIBIT DURING A SPECIFIED PERIOD THE CHARGING OF CERTAIN RECOUPMENT COMPONENTS BY MOTOR VEHICLE INSURERS IN EFFECTUATING INSURANCE RATES FOR DRIVERS HAVING DRIVING RECORDS DEVOID OF ANY POINTS, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO GIVE FULL EFFECT AND ENFORCEMENT TO THE PROVISIONS OF THIS JOINT RESOLUTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Notwithstanding Act 154 of 1997 or any other provision of law, during the period following the enactment of Act 154 of 1997 and the date when recoupment fees for motor vehicle insurance purposes are eliminated in this State pursuant to the provisions of that act, the charging of a recoupment component by any motor vehicle insurer doing business in this State in effectuating an insurance rate for a driver having a driving record devoid of any points, which recoupment component in dollar amount is greater than the recoupment component applicable for such a driver immediately prior to the enactment of Act 154 of 1997, is null and void and shall not be allowed. The South Carolina Department of Insurance, by order, regulation, or any other method and through the exercise of all of its administrative and regulatory powers, shall give full effect and enforcement to the provisions of this section by whatever means may be necessary.

SECTION 2. This joint resolution takes effect upon approval by the Governor.

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