| Printed Page 7280, May 25 | Printed Page 7300, May 25 |

"Section 38-73-1425. (A) The final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 or the final rate or premium charge approved for use by the insurer, whichever is greater.; however, except as provided in subsection (B), effective October 1, 1994, the final rate or premium charge for any private passenger automobile insurance risk ceded to the facility by an insurer or servicing carrier shall not be less than the final rate or premium charge which was in effect and in use on May 1, 1994, by those automobile insurers contracted pursuant to Section 38-77-590(a) for risks written by them through producers designated pursuant to that same section.

(B) Private passenger automobile insurance risks ceded to the Reinsurance Facility before October 1, 1994, by insurers having company-filed rates in effect on October 1, 1994, which are less than the facility final rate or premium charge developed under Section 38-73-1420, shall be eligible at each successive policy renewal period on or after October 1, 1994, for cession to the Reinsurance Facility at the insurer's company-filed rate, provided that there has been no lapse in coverage and no new or replacement policy issued on such risk."

SECTION 7. Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:

"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, 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.

Comprehensive coverage or fire, theft, and combined additional coverages must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.

(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760(e).

(C) All insurers subject to the provisions of this section writing single interest collision coverage shall provide an applicant for the insurance at the time of his application a notice separate and apart from any other form used in the application. The notice must be signed by the applicant evidencing his acknowledgment of having read the notice. The notice must contain the following language printed in bold face type: `NOTICE: The insurance coverage you are hereby purchasing is only single interest collision coverage. The amount of insurance decreases as you pay off the amount of your indebtedness. You may not receive any insurance proceeds over and above the amount of the outstanding balance on your loan.'

(C) (D) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.

(D) (E) No policy of insurance which provides automobile physical damage coverage only may be ceded to the facility.

(E) (F) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than from those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be

(F) (G) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."

SECTION 8. Section 38-77-350(C) of the 1976 Code, as added by Act 148 of 1989, is amended to read:

"(C) An automobile insurer is not required to make a new offer of coverage on any automobile insurance policy which renews, extends, changes, supersedes, or replaces an existing policy. However, the first renewal notices for existing policies after December 1, 1989, must include the form provided in subsection (A). A policy of automobile insurance offered or issued by a new servicing carrier for the South Carolina Reinsurance Facility to replace a policy previously issued by a former servicing carrier and containing the same coverage limits as the former policy constitutes a valid replacement policy that does not require the new servicing carrier or agent to make a new offer of coverage or to obtain a new application from the insured."

SECTION 9. This act takes effect October 1, 1994./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

Rep. J. BAILEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane in compliance with Rule 9.3 in that any amendment that rewrites the Bill in its entirety must remain germane to the original title of the Bill. He further stated that Amendment No. 2 struck everything after the enacting words and the original title only dealt with one section of the Code and only related to one subject, the definition of automobile insurance.

The SPEAKER stated that the amendment dealt with the Reinsurance Facility and servicing carriers and the process whereby servicing carriers through the Reinsurance Facility was regulated. He further stated that the Senate did two things to the Bill and one being that they added a section dealing with the Reinsurance Facility in a more limited manner and the second thing was that they added a section dealing with the definition of a motor vehicle under the insurance laws. He further stated that the

Rep. RICHARDSON stated that Section 2 was a totally different language than the original Bill and it went into dealing with the Reinsurance Facility and the rates that can be charged by designated agents. He further stated that his amendment expanded the language to several points in terms of who can have access to the facility and the rating mechanisms.

The SPEAKER stated that the Senate only amended Section 38-73-1420 which was a fairly limited amendment. He further stated that out of 23 pages, Rep. RICHARDSON's amendment to Section 38-73-1420 was only one of the 23 pages. He further stated that under Rule 9.3, the amendment had to be germane to the original title of the Bill and that he had to be consistent with his other rulings.

Rep. FELDER stated that the precedents had been that the amendment had to be germane to the Senate amendments.

The SPEAKER stated that the Senate had amended Section 38-73-1420 and Rep. RICHARDSON also amended that section but it was less than five percent of what the amendment dealt with. He further stated that the amendment substantially rewrote other Code sections which were unrelated to Section 38-73-1420.

Rep. FELDER stated that original title of the Bill would be the key to germaneness.

The SPEAKER stated that he was not ruling on the original title but that he was ruling on the second point. He further stated that even if he justified the germaneness test to what the Senate did, that Rep. RICHARDSON did so much more in his amendment that was unrelated to what the Senate did.

Rep. RICHARDSON stated that the House would be bound in terms of trying to clean up things as they came from the Senate.

The SPEAKER stated that the purpose of the germaneness rule was there to provide for an orderly process and not allow legislation by ambush and he sustained the Point of Order and ruled the amendment out of order.

Rep. RICHARDSON proposed the following Amendment No. 3.

Amend the bill, as and if amended, by striking Section 2 and 4.

Rep. RICHARDSON explained the amendment.

Rep. J. BAILEY spoke against the amendment.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO

Strike all after the enacting words and insert:

/SECTION 1. This act is known and may be cited as the "South Carolina School-To-Work Transition Act of 1994".

SECTION 2. The General Assembly finds:

(a) Even though more than half of the state's high school students do not go on to college but seek to enter the job market, South Carolina has no clear system for school-to-work transition. Low-skill jobs are quickly disappearing. The job market increasingly demands that employees enter the work force with middle-skill or high-skill capabilities, but educational experiences typically leave high school graduates ill-prepared for the work place. The absence of a coherent system has harmful effects for both business competitiveness, school effectiveness, and quality of life standards.

Merely "tuning up" the high school "general track" will not be enough to meet these demands. The combination of unchallenging classes, low expectations, and isolation from the adult work place results in too many students lacking the skills, motivation, and connections that lead to successful and productive adult lives.

(b) Nations which compete internationally with the United States help their students acquire academic and occupational skills that are essential for success as we approach the twenty-first century. The specific approaches vary by country but, typically, they include:

(1) quality schooling,

(2) career exploration,

(3) work-site experiences, and

(4) work-based teaching and apprenticeships.
In these countries, schools and employers work together to facilitate a young person's entry into the work force.

(c) South Carolina's secondary education system does not provide these steps in educating and preparing our youth for work. Our nation has traditionally divided students into college-bound and noncollege bound. While college-bound students are required to follow a challenging and clearly defined curriculum, the noncollege bound have entered the "general track" which is less academically challenging and is often cited

SECTION 3. For purposes of this act, unless the context indicates otherwise, the words or phrases listed below are defined as follows:

(1) "Youth apprenticeship" means a program that offers students, beginning in the eleventh grade, a course of study which integrates academic curricula, work-site learning, and work experience leading to high school graduation with post-secondary options and preparation for the world of work.

(2) "Tech Prep" means a program of study designed specifically to prepare students for careers and lives affected by technology. Tech Prep involves applied academic courses, targeted technology study, and specialized career guidance. Tech Prep blends academics and technology education and emphasizes broad-based competencies in career education. Tech Prep links high school and two-year college programs, eliminating gaps and overlaps to provide enhanced academic and vocational preparation for mid-level technology careers.

(3) "Mentoring" means an umbrella term for many forms of formal one-on-one relationships between a community's citizens and their students. The broad types of mentoring programs include:

(a) "Traditional mentor programs" means programs which seek to build a long-lasting relationship during which the mentor and protege work on the protege's personal development and interpersonal skills. The relationship generally lasts a year, with the mentor maintaining occasional contact with the protege for an additional one to two years.

(b) "Shadowing" means a short-term experience to introduce a student to a particular job by pairing the student with a worker. The protege follows or "shadows" the worker for a specified time to better understand the requirements of a particular career.

(c) "Service learning" means an experience for one or more students at a work site or community agency during which the students work on a project each week after school. Under close adult supervision, students develop work skills and learn how to behave in work situations.

SECTION 4. (A) As a part of the school-to-work system, the State Board of Education shall establish a structure for preparing students for employment and lifelong learning which expands upon the current Tech Prep model to include four components:

(1) quality schooling having a rigorous curriculum,

(2) career counseling,

(3) work exploration and experience, and

(4) structured work-based learning.

In developing the school-to-work system, the emphasis shall be on a structure which is flexible to meet local school needs and available to all students as needed and appropriate. Students and their parents will make the decision as to which track the student will follow and students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board of Education to allow for transfer up to the senior year of high school. The State Board of Education, for the purpose of successfully establishing and implementing the school-to-work system, shall endeavor to obtain the cooperation of employees, the Commission on Higher Education, post-secondary institutions, and the several school districts.

(B) The State Board of Education shall, beginning with school year 1994-95, establish by regulation quality schooling which, at a minimum shall include:

(1) a rigorous, relevant academic curriculum which shall among other changes or improvements:

(a) include rigorous applied academic methodologies in mathematics, science, and communications skills where appropriate;

(b) increase mathematics instruction to include statistics, logic, measurement, and probability;

(c) incorporate in the curriculum the skills and competencies suggested in the United States Secretary of Labor's Commission on Achieving Necessary Skills (SCANS) report and those identified in the employer survey report of the South Carolina Chamber of Commerce's Business Center for Excellence in Education including an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded;

(e) develop plans to accelerate the learning of students that are behind their age peers; and

(f) develop plans that take into account student learning style.

(2) changes in vocational education programs which:

(a) redefine vocational programs so as to expand their content, relevancy, and rigor in preparation for lifelong learning and living in a technological society; and

(b) integrate instruction in academic and occupational courses to ensure a rigorous, relevant, and academic curriculum;

(C) With the advice of the statewide advisory council hereinafter established, the State Board of Education shall, beginning in school year 1996-97, establish regulations for:

(1) Career exploration and counseling which includes:

(a) student exposure to career options by integrating career counseling activities into the kindergarten through grade twelve curriculum;

(b) a comprehensive career guidance plan which has a major plan and an alternate plan for each student starting in grade six and is revised each year as the student progresses towards graduation and which requires the districts to seek parental assistance in the development of the plan;

(c) in-service courses to equip guidance counselors with skills necessary to integrate career guidance and career planning.

(2) A range of mentoring opportunities beginning no later than the seventh grade which includes traditional mentoring, shadowing, service-learning, school-based enterprises, and internships as defined in SECTION 3. Mentoring activities shall emphasize students' interests, skills, and needs.

(3) Structured work-based learning opportunities and components of these work-based opportunities include:

(a) structured work-based learning to include the establishment of a youth apprenticeship model as defined in Section 3;

(b) integration of academic and vocational learning;

(c) coordination and integration of school and work-place learning; and

(d) credentials for both academic and occupational skills.
These programs shall be governed by broad coalitions of institutional partners.

SECTION 5. School district boards of trustees shall by school year 1995-96:

| Printed Page 7280, May 25 | Printed Page 7300, May 25 |