Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3280 . . . . . Thursday, May 2, 1996
S. 1164--AMENDED AND POINT OF ORDER

The following Bill was taken up.

S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5728SD.96), which was adopted.

Amend the bill, as and if amended, by striking Section 62-2-114 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 62-2-114. Notwithstanding any other provision of law, if the parents of the deceased are the intestate heirs pursuant to Section 62-2-103(2) and the parents are divorced, separated, or living apart and if the parents were divorced, separated, or living apart during the time the child was a minor, upon motion of either parent or any other party of interest if the decedent had died intestate, the probate court may deny or limit either parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent has

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refused to reasonably support the decedent as defined in Section 20-7-40 and has otherwise not provided for the needs of the decedent./

Amend further, by striking subsection (F) of Section 42-9-140 of the 1976 Code, as contained in SECTION 2, and inserting:

/(F) If amounts are payable to the mother and father of the deceased employee pursuant to subsections (B) and (C), and the parents are divorced, separated, or living apart and if the parents were divorced, separated, or living apart during the time the child was a minor, upon motion of either parent or any other party of interest if the decedent had died intestate, the commission may deny or limit either parent's entitlement for a share of the benefits if the commission determines, by a preponderance of the evidence, that the parent has refused to reasonably support the decedent as defined in Section 20-7-40 and has otherwise not provided for the needs of the decedent./

Amend further, by adding a new SECTION, appropriately numbered, to read:

/SECTION ___. Section 15-51-40 of the 1976 Code is amended to read:

"Section 15-51-40. In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, in the event of a wrongful death of a minor, upon motion by either parent or any other party of interest if the decedent had died intestate, the probate court may deny or limit either parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent has refused to reasonably support the decedent during his or her minority as defined in Section 20-7-40 and has otherwise not provided for the needs of the decedent."/

Renumber sections to conform.

Amend title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

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POINT OF ORDER

Rep. LIMBAUGH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

Rep. D. SMITH explained the Bill.

S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LAW explained the Joint Resolution.

S. 1278--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. D. SMITH, with unanimous consent, it was ordered that S. 1278 be read the third time tomorrow.

S. 1361--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW, with unanimous consent, it was ordered that S. 1361 be read the third time tomorrow.

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S. 1345--POINT OF ORDER

The following Bill was taken up.

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1395--POINT OF ORDER

The following Bill was taken up.

S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.

POINT OF ORDER

Rep. LANFORD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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LEAVE OF ABSENCE

The SPEAKER granted Rep. BAXLEY a leave of absence for the remainder of the day.

RECURRENCE TO THE MORNING HOUR

Rep. KNOTTS moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4995 -- Reps. Knotts, Gamble, Koon, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO THANK REBECCA WILLIAMS KELLY FOR HER OUTSTANDING DEDICATED LEADERSHIP AND SERVICE AS MAYOR OF SOUTH CONGAREE, SOUTH CAROLINA AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4996 -- Reps. Martin, Baxley, Allison, Anderson, Askins, Bailey, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO THANK THE HONORABLE PAULA H. THOMAS

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FOR HER DEDICATED SERVICE, HER SIGNIFICANT CONTRIBUTIONS, AND HER CAPABLE LEADERSHIP IN THE GENERAL ASSEMBLY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

Whereas, our good friend and esteemed colleague, the Honorable Paula H. Thomas, has been a member of the House of Representatives since 1993; and

Whereas, she has made significant contributions to the work of the General Assembly as a member, through her service as Second Vice Chairman of the Judiciary Committee, and as a member of the Rules Committee; and

Whereas, she is a very knowledgeable and competent member of the bar and is well respected by her colleagues in the legal community; and

Whereas, she is an active member of her community and has assisted the public and private sectors, her peers, and colleagues by her contributions to the organizations in which she has served; and

Whereas, her deliberative manner and cooperative nature have stood her well in her tenure at the General Assembly and her absence will leave a significant role to be filled by her successor. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly thank the Honorable Paula H. Thomas for her dedicated service, her significant contributions, her deliberative manner, and cooperative nature, and her capable leadership in the General Assembly and, as she leaves the House of Representatives, wish her well in all of her future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Paula H. Thomas.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

H. 3931--RECALLED FROM THE

COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR

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CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE
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UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

H. 3827--RECALLED FROM THE

COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE

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REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, 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 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE
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THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO 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, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE
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APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.

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