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
Page Finder Index
| 
Printed Page 890, Feb. 21
| Printed Page 910, Feb. 22
|
Printed Page 900 . . . . . Wednesday, February 21,
1996
RECORD FOR VOTING
NOTICE OF LEAVE
Due to a funeral being held at 3:00 P.M. today of a family member, I am unable to participate in the
debate of H. 4492 which caps local government taxing authority. Had I been present I would have voted
for the caps. Left for 3:00 P.M. funeral at 2:55 P.M.
Rep. J.M. KNOTTS, JR.
Rep. RICHARDSON moved that the House do now adjourn, which was adopted.
RETURNED WITH CONCURRENCE
The Senate returned to the House with concurrence the following:
H. 4640 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SPRING VALLEY
HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A
"BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
H. 4641 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SUMMIT
PARKWAY MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING
SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF
EDUCATION.
H. 4643 -- Reps. Harvin, T. Brown, Breeland, Cave, Neal, White, Byrd, McMahand, J. Brown, M.
Hines, Anderson, Lloyd, Williams, Kinon, Lee, Cato, L. Whipper, Moody-Lawrence and Cobb-Hunter:
A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF
THE GENERAL ASSEMBLY AT THE DEATH OF MRS. SUSIE MAE WHACK KENNEDY, THE
MOTHER OF OUR DEAR FRIEND AND ESTEEMED COLLEAGUE, THE
Printed Page 901 . . . . . Wednesday, February 21,
1996
HONORABLE KENNETH KENNEDY OF WILLIAMSBURG COUNTY, AND EXTENDING
DEEPEST SYMPATHY TO MRS. KENNEDY'S ENTIRE FAMILY AND HER MANY FRIENDS.
H. 4644 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE
MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JULIAN L. HARBIN OF
ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4645 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE
MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES BRYANT FLOYD OF
ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
ADJOURNMENT
At 5:20 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of
Lila Mae Brock of Greenville, to meet at 10:00 A.M. tomorrow.
* * *
Printed Page 902 . . . . . Thursday, February 22,
1996
Thursday, February 22, 1996
(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:
We come to You, Father God, asking that You look with favor upon all who serve in places of leadership
in government. Grant unto us wisdom of mind, strength of character, and goodness of hearts. Cause us
to know that the world's best tranquilizer is the knowledge of work well done. As You are merciful and
forgiving, may we show these same attributes in our dealing with one another knowing always that
"to err is human, to forgive divine." In gratitude for all that we daily receive from Your
bountiful hand, may we unselfishly share our blessings and perform faithfully our duties.
Lord, in Your mercy, hear our prayer. 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. KNOTTS moved that when the House adjourns, it adjourn in memory of Lowell C. Spires, Sr. of
West Columbia, which was agreed to.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4655 -- Reps. Haskins, Whatley, Littlejohn, Rice, Davenport, Thomas, J. Young, J. Brown, and
Young-Brickell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO
CREATE THE STATE BOARD OF EXAMINERS IN SCHOOL PSYCHOLOGY, TO PROVIDE FOR
ITS
Printed Page 903 . . . . . Thursday, February 22,
1996
POWERS AND DUTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND
REGULATION OF SCHOOL PSYCHOLOGISTS.
Referred to Committee on Judiciary.
H. 4656 -- Reps. Haskins, Easterday, Rice, Knotts, Inabinett, Meacham, Simrill, Bailey, Allison,
Herdklotz, Loftis, Kelley, Waldrop, Stille, R. Smith, Davenport, Cooper, Law, Vaughn, Wright,
Robinson and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 17-1-15 SO AS TO PROVIDE THAT THE SOUTH CAROLINA
SUPREME COURT SHALL PROMULGATE RULES ESTABLISHING TIME LIMITS FOR THE
COMPLETION OF CERTAIN CRIMINAL PRETRIAL, TRIAL, AND APPELLATE PROCEDURES,
INSTANCES FOR WHICH A CONTINUANCE MAY BE GRANTED IN CIRCUIT COURT; AND BY
ADDING SECTION 17-1-17 SO AS TO PROVIDE CIVIL PENALTIES TO BE LEVIED UPON
OFFICERS OF THE COURT THAT VIOLATE THE PROVISIONS OF SECTION 17-1-15.
Referred to Committee on Judiciary.
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz,
Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and
Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL
PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO
THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO
REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE
COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF
RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS
TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN
APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT
CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT
ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE
RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE
Printed Page 904 . . . . . Thursday, February 22,
1996
MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN
ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND
OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS
CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF
CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND
SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND
WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN
OFFENDER TO PAY.
Referred to Committee on Judiciary.
H. 4658 -- Reps. Hodges, Delleney, Baxley, Jennings, Martin, Walker, Allison, McElveen and Rogers:
A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND
DEFINITIONS, SO AS TO ADD A DEFINITION FOR "UNINSURED MOTORIST FUND";
TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND
FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE
ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS
AMENDED, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO
AS TO PROVIDE THAT ONE DOLLAR OF THIS YEARLY PREMIUM IS DIRECTED TO BE PAID
TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE ESTABLISHMENT OF THE
"UNINSURED ENFORCEMENT FUND"; TO AMEND SECTION 38-73-910, AS
AMENDED, RELATING TO NOTICE OF HEARING AS A PREREQUISITE TO GRANTING OF
RATE INCREASES FOR AUTOMOBILE INSURANCE AND CERTAIN OTHER TYPES OF
INSURANCE, SO AS TO PROVIDE THAT THE REQUIREMENT OF THIS SECTION IS ABATED
UNTIL JANUARY 1, 1998; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-736 SO AS
TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATING PLANS
FOR AUTOMOBILE INSURANCE SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN
PREMIUM CHARGES FOR INSURED PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND
OLDER AND WHO QUALIFY UNDER SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS
AMENDED, RELATING TO THE PURPOSES OF
Printed Page 905 . . . . . Thursday, February 22,
1996
CHAPTER 77, TITLE 38, ON AUTOMOBILE INSURANCE, SO AS TO, AMONG OTHER THINGS,
DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT THERE SHALL BE AN
ASSIGNED RISK PLAN, KNOWN AS THE "SOUTH CAROLINA AUTOMOBILE INSURANCE
PLAN"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE
INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN
LANGUAGE AND PROVISIONS, AND PROVIDE A DEFINITION FOR
"CANCELLATION" OR "TO CANCEL" AND FOR "INSTITUTIONAL
SOURCE", "INSURER-SUPPORT ORGANIZATION", AND "POLICY OF
AUTOMOBILE INSURANCE" OR "POLICY"; TO AMEND SECTION 38-77-110, AS
AMENDED, FROM JANUARY, 1997, TO SEPTEMBER 30, 1997, RELATING TO THE
REQUIREMENT THAT AUTOMOBILE INSURERS MUST INSURE AND EXCEPTIONS, SO AS TO
PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS OTHER THAN INSURERS
DESIGNATED AND APPROVED AS SPECIALIZED INSURERS BY THE DIRECTOR OF THE
DEPARTMENT OF INSURANCE OR HIS DESIGNEE MAY NOT REFUSE TO RENEW
AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES
OR SMALL COMMERCIAL RISKS EXCEPT FOR REASONS SPECIFIED IN SECTION 38-77-123,
AND TO PROVIDE THAT, AFTER SEPTEMBER 30, 1997, SECTION 38-77-110 IS REPEALED; TO
AMEND SECTION 38-77-112, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND
THE REQUIREMENT THAT AN INSURANCE APPLICANT OR POLICYHOLDER MUST HAVE A
DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, DELETE
REFERENCES TO CERTAIN CODE SECTIONS AND PROVIDE THAT, AT THE TIME OF
APPLICATION, AN INSURER OR AN AGENT SHALL RETAIN FOR THREE YEARS THE
DRIVER'S LICENSE NUMBERS FOR ALL APPLICANTS WHO WERE REFUSED COVERAGE
AND SHALL FURNISH THIS INFORMATION UPON THE REQUEST OF THE DIRECTOR OF THE
DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-120, AS
AMENDED, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR
REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO PROVIDE, AMONG
OTHER THINGS, THAT THE NOTICE SHALL PROVIDE FOR THE NOTIFICATION REQUIRED
BY SECTION 38-77-390(b), THAT THOSE NOTIFICATION
Printed Page 906 . . . . . Thursday, February 22,
1996
REQUIREMENTS DO NOT APPLY WHEN THE POLICY IS BEING CANCELED OR NOT
RENEWED FOR THE REASON SET FORTH IN SECTION 38-77-123(b), AND THAT THE NOTICE
SHALL INFORM THE INSURED OF HIS RIGHT TO REQUEST IN WRITING WITHIN FIFTEEN
DAYS OF THE RECEIPT OF THE NOTICE THAT THE DIRECTOR OF THE DEPARTMENT OF
INSURANCE REVIEW THE ACTION OF THE INSURER; TO AMEND THE 1976 CODE BY
ADDING SECTIONS 38-77-121, 38-77-122, 38-77-123, 38-77-124, 38-77-141, 38-77-142, 38-77-143,
38-77-151, 38-77-154, AND 38-77-155 SO AS TO ENACT PROVISIONS PROVIDING, AMONG
OTHER THINGS, THAT ANY APPLICATION FOR THE ORIGINAL ISSUANCE OF A POLICY OF
AUTOMOBILE INSURANCE COVERING LIABILITY ARISING OUT OF THE OWNERSHIP,
MAINTENANCE, OR USE OF A MOTOR VEHICLE DEFINED IN SECTION 38-77-30 THAT
REQUIRES THE INSURED TO DISCLOSE INFORMATION AS TO ANY PREVIOUS
CANCELLATION OR REFUSAL TO RENEW SHALL ALSO PERMIT THE INSURED TO OFFER
OR PROVIDE A FULL EXPLANATION OF THE REASON FOR THE CANCELLATION OR
REFUSAL TO RENEW, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE AN
AUTOMOBILE INSURANCE POLICY AS DEFINED IN SECTION 38-77-30 SOLELY BECAUSE OF
CERTAIN SPECIFIED FACTORS, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE, OR
FAIL TO RENEW, A POLICY OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE
OF THE AGE OF THE MOTOR VEHICLE TO BE INSURED SO LONG AS THE VEHICLE IS
LICENSED, AND THAT MONIES DISTRIBUTED ANNUALLY FROM THE UNINSURED
MOTORIST FUND MUST BE DISTRIBUTED IN THE PROPORTION THAT EACH INSURER'S
PREMIUM INCOME FOR THE BASIC UNINSURED MOTORISTS LIMITS COVERAGE BEARS TO
THE TOTAL PREMIUM INCOME FOR BASIC UNINSURED MOTORISTS LIMITS COVERAGE
WRITTEN IN THIS STATE DURING THE PRECEDING YEAR; TO AMEND SECTION 38-77-140,
RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE
LIMITS, SO AS TO INCREASE THE MINIMUM PROPERTY DAMAGE COVERAGE; TO AMEND
SECTION 38-77-150, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE
UNINSURED MOTORIST PROVISION, AND THE DEFENSE OF AN ACTION BY AN INSURER,
SO AS TO INCREASE THE MINIMUM AMOUNT OF UNINSURED MOTORIST COVERAGE, AND
PROVIDE THAT BENEFITS PAID PURSUANT TO
Printed Page 907 . . . . . Thursday, February 22,
1996
THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT IF AN UNINSURED
MOTORIST HAS SELECTED THE "FIVE HUNDRED DOLLAR OPTION"; 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 THAT ANY AUTOMOBILE INSURER MAY MAKE
COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED
ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO
REQUESTS THE COVERAGE, AND TO AMEND THE CODE SECTION FOR THE PERIOD FROM
JANUARY 1, 1997, TO SEPTEMBER 30, 1997, BY PROVIDING AN EXCEPTION WITH RESPECT
TO THE REASONS SPECIFIED IN SECTION 38-77-123; TO AMEND SECTION 38-77-350, AS
AMENDED, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE
INSURANCE COVERAGES ARE OFFERED, SO AS TO DELETE CERTAIN PROVISIONS,
INCLUDING THE PROVISION THAT A POLICY OF AUTOMOBILE 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; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-370,
38-77-380, AND 38-77-390 SO AS TO ENACT PROVISIONS PROVIDING, AMONG OTHER
THINGS, THAT, IF AN INDIVIDUAL SUBMITS A WRITTEN REQUEST TO AN INSURER,
AGENT, OR INSURANCE-SUPPORT ORGANIZATION FOR ACCESS TO CERTAIN RECORDED
PERSONAL INFORMATION ABOUT THE INDIVIDUAL, THE INSURER, AGENT, OR
INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS WITHIN
THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, THAT AN INSURER,
AGENT, OR INSURANCE-SUPPORT ORGANIZATION SHALL DO CERTAIN SPECIFIED THINGS
WITHIN THIRTY BUSINESS DAYS FROM THE DATE OF RECEIPT OF A WRITTEN REQUEST
FROM AN INDIVIDUAL TO CORRECT, AMEND, OR DELETE ANY RECORDED PERSONAL
INFORMATION ABOUT
Printed Page 908 . . . . . Thursday, February 22,
1996
THE INDIVIDUAL WITHIN ITS POSSESSION, AND THAT, IN THE EVENT OF AN ADVERSE
UNDERWRITING DECISION, THE INSURER OR AGENT RESPONSIBLE FOR THE DECISION
SHALL GIVE A WRITTEN NOTICE IN A FORM APPROVED BY THE DIRECTOR OF THE
DEPARTMENT OF INSURANCE THAT PROVIDES THE APPLICANT, POLICYHOLDER, OR
INDIVIDUAL PROPOSED FOR COVERAGE CERTAIN INFORMATION; TO AMEND SECTION
38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE
FACILITY, SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT THE
PLAN OF OPERATION SHALL COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY
WAY OF A SURCHARGE ON PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE
BUSINESS ISSUED BY A MEMBER OR THROUGH THE FACILITY; TO AMEND SECTION
38-77-590, AS AMENDED, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED
PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE THAT A
PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE
PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1,
1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE
BUSINESS AFTER SEPTEMBER 30, 1977, AND THAT NO POLICIES WITH AN EFFECTIVE DATE
AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO
AMEND SECTION 38-77-595, RELATING TO CONDITIONS FOR DESIGNATION AS A
DESIGNATED PRODUCER OF AN OTHERWISE INELIGIBLE APPLICANT, SO AS TO PROVIDE
THAT A PRODUCER DESIGNATED UNDER THIS SECTION MAY NOT WRITE NEW PRIVATE
PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BUSINESS AFTER JANUARY 1,
1997, AND MUST NOT RENEW PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE
BUSINESS AFTER SEPTEMBER 30, 1997, AND THAT NO POLICIES WITH AN EFFECTIVE DATE
AFTER SEPTEMBER 30, 1997, SHALL BE ACCEPTED BY THE REINSURANCE FACILITY; TO
AMEND CHAPTER 77, TITLE 38 OF THE 1976 CODE, RELATING TO AUTOMOBILE
INSURANCE, BY ADDING ARTICLE 8 SO AS TO ENACT PROVISIONS FOR THE ASSIGNMENT
OF RISKS; AND TO REPEAL SECTIONS 38-73-455, RELATING TO AUTOMOBILE INSURANCE
RATES, 38-73-456, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN
Printed Page 909 . . . . . Thursday, February 22,
1996
AUTOMOBILE INSURANCE PREMIUMS OR ADDITIONAL SURCHARGES FOR DRIVING
VIOLATIONS UNTIL THERE HAS BEEN A CONVICTION, 38-73-457, RELATING TO FILING
INFORMATION ON BASE RATES FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-460,
RELATING TO THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS OF THE
REINSURANCE FACILITY ON AUTOMOBILE INSURANCE RATES, 38-73-465, RELATING TO
AUTOMOBILE INSURANCE AND UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR
UNREASONABLE PROFITS OR RATES, REVIEW OF RATES, AND RATE EXPERIENCE,
38-73-720, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE POWER
TO ESTABLISH RISK AND TERRITORIAL CLASSIFICATIONS, 38-73-730, RELATING TO RISK
CLASSIFICATION PLANS FOR AUTOMOBILE INSURANCE PURPOSES, 38-73-731, RELATING
TO REMOVAL FROM THE YOUTHFUL DRIVER CLASSIFICATION, 38-73-735, RELATING TO
PLANS FOR CREDITS AND DISCOUNTS FOR AUTOMOBILE INSUREDS, 38-73-750, RELATING
TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST FILE THEIR PLANS OR
SYSTEMS FOR ALLOCATING EXPENSES AND PROFIT AS RESPECTS THE VARIOUS KINDS OR
TYPES OF AUTOMOBILE INSURANCE RISKS AND THE CLASSES OF RISKS THEREUNDER,
38-73-760, RELATING TO UNIFORM STATISTICAL PLANS FOR AUTOMOBILE INSURANCE
PURPOSES, 38-73-770, RELATING TO THE REQUIREMENT THAT EVERY CLASSIFICATION
PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE MUST BE SO STRUCTURED
AS TO PRODUCE AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES WHICH ARE
ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, 38-77-111, RELATING
TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE
FACILITY, 38-77-115, RELATING TO THE PROVISION THAT CERTAIN SIGNS ARE REQUIRED
IN AN INSURANCE AGENT'S PLACE OF BUSINESS, 38-77-145, RELATING TO THE PROVISION
THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED UNDER THE
AUTOMOBILE INSURANCE LAWS OF THIS STATE, 38-77-285, RELATING TO THE
REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE
POLICY, 38-77-360, RELATING TO THE PROVISION THAT THERE BE NO INCREASE IN
AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST
Printed Page 910 . . . . . Thursday, February 22,
1996
OFFENSE VIOLATIONS, 38-77-600, RELATING TO THE REINSURANCE FACILITY
RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY
RECOUPMENT CHARGE BE DISPLAYED ON THE PREMIUM NOTICE OR BILL, 38-77-610,
RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE
REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGES APPROVED OR ESTABLISHED
PURSUANT TO SECTION 38-77-610 MUST BE ADDED TO THE APPROVED BASE RATE AND
OBJECTIVE STANDARDS RATE IN EFFECT FOR EACH AUTOMOBILE INSURER, 38-77-625,
RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE
ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS FACILITY RECOUPMENT
CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE, AND
ARTICLE 9 OF CHAPTER 77, TITLE 38, RELATING TO THE STATE'S AUTOMOBILE
INSURANCE LAWS AND UNLAWFUL ACTS.
Referred to Committee on Labor, Commerce and Industry.
| Printed Page 890, Feb. 21
| Printed Page 910, Feb. 22
|
Page Finder Index