Journal of the House of Representatives
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 420, Jan. 18 | Printed Page 440, Jan. 19 |

Printed Page 430 . . . . . Thursday, January 19, 1995

Thursday, January 19, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter


The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:


Lord, there are times when we fail to make Your way a reality in our lives. Forgive us for not believing that You can do all that You say. "Lord, increase our faith," and help us to put our faith into action.

And as we near the end of a work week here, help us to be encouraged by Your support to our effort. Take our words and deeds as humble offerings that seek daily to show Your Lordship. Keep our ears attuned to Your voice, give to us an ever increasing desire to rely upon You in challenges and opportunities which are continually before us. Enable us to hear clearly the words of the Psalmist: "The fear of the Lord is the beginning of wisdom." (Psalm 111:10a) Amen.


Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.


After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of John M. Gleason of Charleston, which was agreed to.

REPORT RECEIVED

The Annual Report of the Joint Insurance Study Committee was received and will be printed in the Senate Journal on Friday, January 20.


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MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R628, H. 5146 by a vote of 45 to 0.
(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
Very respectfully,
President

Received as information.

R. 537, S. 1040--DEBATE ADJOURNED

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R537, S. 1040 by a vote of 45 to 0.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA


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ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
Very respectfully,
President


Rep. SHEHEEN moved to adjourn debate upon the veto message until Tuesday, January 24, which was adopted.

HOUSE RESOLUTION

The following was introduced:


H. 3315 -- Reps. L. Whipper, Phillips, S. Whipper, Breeland, Anderson and Moody-Lawrence: A HOUSE RESOLUTION TO DECLARE THE LADIES LOUNGE LOCATED INSIDE THE HOUSE OF REPRESENTATIVES CHAMBER A NO SMOKING AREA.

The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:


H. 3316 -- Rep. Kirsh: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE BLATT BUILDING AND UNDERGROUND PARKING FACILITY OF THE CAPITOL COMPLEX ON SATURDAY AND SUNDAY, JANUARY 28 AND 29, 1995, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITY AND THE BLATT BUILDING, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE STATE HOUSE SECURITY FORCES.

Be it resolved by the House of Representatives:

That the South Carolina Jaycees are authorized to use the Blatt Building and underground parking facility of the Capitol Complex on Saturday and Sunday, January 28 and 29, 1995, if the House is not in statewide session


Printed Page 433 . . . . . Thursday, January 19, 1995

on those days, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that the Division of General Services is requested to provide for the underground parking facility and the Blatt Building to be made available for reasonable use by the Jaycees and that the State House security forces provide assistance and access necessary for this meeting in accordance with previous procedures.


The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:


H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

Referred to Committee on Ways and Means.


H. 3318 -- Reps. Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and Dantzler: A BILL TO AMEND SECTION 61-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS FOR ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC LIQUOR BY THE DRINK; AND TO AMEND SECTION 61-5-130, AS AMENDED, RELATING TO THE TAX ON ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE THE TAX ON THE CONTAINERS AND RELATED REQUIREMENTS AND PROVIDE FOR A TAX ON EACH LITER.

Referred to Committee on Ways and Means.


Printed Page 434 . . . . . Thursday, January 19, 1995

H. 3319 -- Reps. Thomas, H. Brown, Rogers, Govan, Shissias, Kelley, Meacham, Harrison, A. Young, Cotty, Stille, Quinn, Cooper and Fleming: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.

Referred to Committee on Judiciary.


H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.


H. 3321 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.

Referred to Committee on Labor, Commerce and Industry.


H. 3322 -- Reps. McAbee, Kelley, Inabinett, Hutson, Shissias, J. Harris, Scott, Byrd and McCraw: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 32 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR REGIONAL TOURISM COMMISSIONERS.

Referred to Committee on Education and Public Works.


Printed Page 435 . . . . . Thursday, January 19, 1995

H. 3323 -- Reps. Martin, Kelley, Keegan, Thomas, Harrison, Baxley, Witherspoon, Riser, Hutson, Kinon, Canty, Harvin, Elliott, Sharpe, Jennings, H. Brown, Beatty, Quinn, Fleming, Hodges, J. Young, McAbee, Richardson, Sandifer, Rhoad, Govan, Townsend, Huff, Tucker, Cooper, Fulmer, McKay, Wilkins, Rogers, T. Brown, Wofford, D. Smith and Askins: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ALONE OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Referred to Committee on Education and Public Works.


H. 3324 -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JULY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Referred to Committee on Education and Public Works.


H. 3325 -- Reps. Knotts, Haskins, Lanford, Cain, Wright, Riser, S. Whipper, Herdklotz, Townsend, Elliott, Kelley, Stille, Meacham, H. Brown, Keegan, Bailey, Quinn, Hallman, Keyserling, Wofford, Wilder, Sandifer, Vaughn, Littlejohn, Kennedy, Gamble, Simrill, Seithel, Shissias, Hutson, Chamblee, R. Smith, Richardson, Harrell, Marchbanks, Cato, Allison, Wells, Davenport, Stoddard, Wilder, Whatley, Thomas, A. Young, Witherspoon, Klauber, Baxley, McCraw, Cooper, Phillips, Cotty, Tucker, J. Harris, Kirsh and J. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO PLEADS GUILTY OR NOLO CONTENDERE TO OR IS CONVICTED OF A CRIME IN STATE OR FEDERAL COURT THE PENALTY FOR WHICH INCLUDES A TERM OF IMPRISONMENT


Printed Page 436 . . . . . Thursday, January 19, 1995

FOR TWO OR MORE YEARS IS EXPELLED FROM THE BODY OF WHICH HE IS A MEMBER UPON THE PLEA OR CONVICTION, AND TO PROVIDE THAT UPON EXPULSION A VACANCY IN THAT OFFICE SHALL EXIST WHICH MUST BE FILLED AS PROVIDED BY LAW.

Referred to Committee on Judiciary.


H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Referred to Committee on Ways and Means.


H. 3327 -- Reps. J. Brown, Hines, Breeland, L. Whipper, Byrd, Clyburn, Lloyd, Anderson, Inabinett and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.


H. 3328 -- Reps. Richardson, Haskins, Keyserling, Hines, Fulmer, Byrd, Breeland, Tripp, J. Brown, Kelley, Lloyd, Cato, Robinson, Harvin, Inabinett, Koon, Littlejohn, Jaskwhich and Herdklotz: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION, ISSUANCE, RENEWAL, AND FEE FOR A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE AGE TO OBTAIN A PERMIT AND TO REVISE THE AGE OF THE LICENSED DRIVER WHO ACCOMPANIES A PERSON HOLDING A PERMIT.

Referred to Committee on Education and Public Works.


H. 3329 -- Reps. Richardson, Sharpe, Simrill, Keyserling, Byrd, Robinson, Herdklotz, Littlejohn, Fulmer, Jaskwhich, Lloyd, Koon and


Printed Page 437 . . . . . Thursday, January 19, 1995

Mason: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-450 SO AS TO PROVIDE THAT THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION SHALL NOT ALLOW THE PAYMENT OF ANY BENEFITS UNDER TITLE 42 TO AN INJURED EMPLOYEE OR HIS DEPENDENTS WHO RECEIVE SIMILAR BENEFITS BY VIRTUE OF FEDERAL LAW FOR THE SAME INJURY, AND REQUIRE THE COMMISSION TO TAKE THE NECESSARY LEGAL ACTION TO RECOVER ANY BENEFITS UNDER TITLE 42 WHICH ARE PAID INADVERTENTLY OR OTHERWISE IN CONTRAVENTION OF THE PROVISIONS OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.


H. 3330 -- Reps. Tucker, Chamblee, Hallman, Wilder, Seithel, Fulmer, Simrill, Elliott, Fleming, Herdklotz, Harvin, Jaskwhich, Cooper, Wofford, Law, Robinson, Tripp, J. Brown, Whatley, Lloyd, Rhoad, P. Harris, Cato, Haskins, Koon, Baxley and S. Whipper: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BOATS AND MOTORS NOT USED IN A TRADE OR BUSINESS.

Referred to Committee on Ways and Means.


H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

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


H. 3332 -- Reps. Keyserling, Cave, Cain, Martin, Sandifer, Cotty, Stuart, Baxley, Moody-Lawrence, Canty, Chamblee, Lloyd, Scott, Tucker and Richardson: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR A DAY SUBSISTENCE ALLOWANCE DEDUCTION


Printed Page 438 . . . . . Thursday, January 19, 1995

ALLOWED LAW ENFORCEMENT OFFICERS TO FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.

Referred to Committee on Ways and Means.


H. 3333 -- Reps. Keyserling, Hines, Sharpe, Inabinett, Cobb-Hunter, Spearman, Lloyd, Richardson, Shissias, Baxley, McCraw, Moody-Lawrence, Byrd, Scott, Neal, Phillips, J. Brown, Cave, J. Harris, Hutson and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17, TITLE 37 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING BY THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS OF BUSINESSES SELLING CHECKS AND MONEY ORDERS AND CASHING CHECKS FOR CONSIDERATION; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE LICENSE FEES; TO REQUIRE FINANCIAL SURETY, INCLUDING BONDS; TO PERMIT EXAMINATION OF RECORDS AND BOOKS; TO PROVIDE RESTRICTIONS ON FEES CHARGED FOR SERVICES; TO PROVIDE GROUNDS FOR REVOCATION AND SUSPENSION; AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.


H. 3334 -- Reps. Keyserling, Phillips, Inabinett, Meacham, Bailey, Limbaugh, Neal, Hines, Lloyd, Richardson, Klauber, Hutson, Vaughn, Clyburn, Neilson, Scott, Rhoad, Law, J. Harris, McCraw, Haskins, Cave, Moody-Lawrence, Keegan and Spearman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTION 17-5-260, RELATING TO AUTOPSIES PERFORMED ON PERSONS DYING AS A RESULT OF VIOLENCE OR IN ANY UNUSUAL OR SUSPICIOUS CIRCUMSTANCES, SO AS TO REQUIRE NOTICE TO THE FAMILY OF THE DECEDENT IF ORGANS OR TISSUE ARE REMOVED PERMANENTLY; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING BE PROVIDED AND WITNESSED AND A STATEMENT SIGNED THAT COUNSELING WAS RECEIVED AND TO REQUIRE THE FORM BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON; AND TO AMEND


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SECTION 44-43-710, RELATING TO CONSENT FOR AUTOPSIES, SO AS TO REQUIRE A CONSENT TO AN AUTOPSY BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


H. 3335 -- Reps. Cato, Tripp, Hallman, Fulmer, Trotter, Cooper, Law, Meacham, Mason, A. Young, Stuart and S. Whipper: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS, PERMIT, RATHER THAN REQUIRE, COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE TO BE MADE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT, AND PROVIDE, AMONG OTHER THINGS, THAT INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THE INSURANCE AT THE TIME OF HIS APPLICATION A CERTAIN NOTICE SEPARATE AND APART FROM ANY OTHER FORM USED IN THE APPLICATION AND THAT, IF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FINDS THAT AN INSURER IS PARTICIPATING IN DISCRIMINATORY PRACTICES, THE DIRECTOR OR HIS DESIGNEE MAY IMPOSE A FINE ON THE INSURER OF UP TO TWO HUNDRED THOUSAND DOLLARS; AND TO REQUIRE ALL INSURERS SUBJECT TO THE PROVISIONS OF SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, WHICH FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.


H. 3336 -- Reps. Cato, Tripp, Kelley, Fulmer, Hallman, Meacham, Trotter, Cooper, Cromer, A. Young, Rhoad, Neal, Easterday, Stuart, Law, Knotts, Hutson, Herdklotz, Kirsh and S. Whipper: A JOINT RESOLUTION TO REQUIRE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE LIABILITY INSURANCE POLICIES REMAIN AT FISCAL YEAR 1994-95 LEVELS AND


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PROHIBIT THEIR INCREASE UNTIL FURTHER ACTION OF THE GENERAL ASSEMBLY.

Referred to Committee on Labor, Commerce and Industry.


| Printed Page 420, Jan. 18 | Printed Page 440, Jan. 19 |

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