Journal of the Senate
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
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Printed Page 700, Feb. 14
| Printed Page 722, Feb. 15
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Printed Page 710 . . . . . Thursday, February 15,
1996
S. 1150 -- Senator Drummond: A BILL TO AMEND CHAPTER 78, TITLE 15, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT
CLAIMS ACT, SO AS TO REVISE THE PROVISIONS OF THIS ACT INCLUDING
PROVISIONS RELATING TO THE IMMUNITY OF GOVERNMENTAL ENTITIES, A
FURTHER DEFINITION OF THE AGENCIES TO WHICH THIS ACT APPLIES, THE
MANNER IN WHICH AND TIME WITHIN WHICH CLAIMS MAY BE BROUGHT AND
MAINTAINED, THE CIRCUMSTANCES WHICH GIVE RISE TO A LOSS, THE
APPLICABLE INTEREST RATE ON JUDGMENTS AGAINST GOVERNMENTAL
ENTITIES AND THE STIPULATION THAT A JUDGMENT AGAINST A
GOVERNMENTAL ENTITY DOES NOT CONSTITUTE A LIEN UPON THE PROPERTY
OF THE
Printed Page 711 . . . . . Thursday, February 15,
1996
ENTITY; TO AMEND SECTION 23-13-10, RELATING TO THE APPOINTMENT OF
DEPUTY SHERIFFS, SO AS TO DELETE LANGUAGE RELATING TO THE SHERIFF
BEING ANSWERABLE FOR THE NEGLECT OF HIS DEPUTIES WHICH IS IN CONFLICT
WITH THE ABOVE PROVISIONS, AND TO REPEAL SECTIONS 16-5-60 AND 16-5-70
RELATING TO CERTAIN LAW SUITS AGAINST COUNTIES.
Read the first time and referred to the Committee on Judiciary.
S. 1151 -- Senators Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT
MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE
ARE VOID IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Judiciary.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR
ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO
REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Read the first time and referred to the Committee on Judiciary.
S. 1153 -- Senators Fair, Thomas and Hayes: A BILL TO AMEND SECTION 44-41-330,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION
REQUIRED TO BE PROVIDED TO A WOMAN PRIOR TO PERFORMING AN
ABORTION, SO AS TO INCLUDE INFORMATION REGARDING RESEARCH WHICH
LINKS ABORTION TO BREAST CANCER; AND TO AMEND SECTION 44-41-340,
RELATING TO MATERIALS WHICH MUST BE PUBLISHED BY THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO INCLUDE IN THESE
MATERIALS A SUMMARY OF THE RESEARCH LINKING ABORTION TO BREAST
CANCER.
Read the first time and referred to the Committee on Medical Affairs.
S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A
BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO
AS TO REVISE THESE PRECINCTS AND THE DATE OF THE
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1996
OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4617 -- Reps. McAbee, Carnell, Klauber and Stille: A CONCURRENT RESOLUTION
CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY AND
HEAD COACH JOSEPH CABRI ON WINNING THE 1995 NCAA DIVISION II NATIONAL
CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4618 -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH
CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE
ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF
WHICH FORESTLANDS ARE A PART.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4619 -- Reps. Sharpe, Riser, Rhoad, and Witherspoon: A CONCURRENT RESOLUTION
COMMENDING SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL
ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE
STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES
EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK,
FEBRUARY 17-24, 1996.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4633 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION
CONGRATULATING EDNA MAE BRUNSON EAGERTON OF CLARENDON COUNTY
ON HER SELECTION AS SOUTH CAROLINA'S "MOTHER OF THE YEAR".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL
WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND
WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND
THE SERVICES OF A DRIVER TO A MOTOR
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1996
CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN
EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS'
COMPENSATION.
Read the first time and referred to the Committee on Judiciary.
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF
SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF
INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN
LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER
THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION
FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO
REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR
FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE
MANAGEMENT ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993,
RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE
CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN
WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO
COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT
AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND
REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO
COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
HOUSE CONCURRENCE
S. 1025 -- Senator Martin: A CONCURRENT RESOLUTION REQUESTING THE
DEPARTMENT OF TRANSPORTATION TO
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1996
TAKE THE NECESSARY STEPS TO RENAME THE NORTH FISHTRAP ROAD BRIDGE
(SC 37) IN PICKENS COUNTY IN HONOR OF THE LATE SAMUEL H. LUSK.
Returned with concurrence.
Received as information.
HOUSE CONCURRENCE
S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION
RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND
DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".
Returned with concurrence.
Received as information.
HOUSE CONCURRENCE
S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND MRS.
MILDRED C. "MILLIE" BAGNAL OF CAYCE FOR HER LONG AND
DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER
UPCOMING RETIREMENT.
Returned with concurrence.
Received as information.
HOUSE CONCURRENCE
S. 1134 -- Senators Ryberg, Moore and Setzler: A CONCURRENT RESOLUTION TO
CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL
DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL
PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE
ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH
CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE
THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.
Returned with concurrence.
Received as information.
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1996
HOUSE CONCURRENCE
S. 1143 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MR.
WILLIAM M. THWEATT, JR., UPON HIS BEING NAMED "NORTH AUGUSTA
CITIZEN OF THE YEAR" FOR 1995 BY THE NORTH AUGUSTA CHAMBER OF
COMMERCE.
Returned with concurrence.
Received as information.
HOUSE CONCURRENCE
S. 1144 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST
SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND
FRIENDS OF MRS. BARBARA G. BURRISS OF NORTH AUGUSTA UPON HER DEATH.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND
STATEWIDE CALENDAR.
THIRD READING BILLS
The following Bills and Joint Resolutions were read the third time and ordered sent to the House
of Representatives:
S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS
OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING
NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION
DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1,
CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING
PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND
DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE
DELINEATED.
(By prior motion of Senator CORK)
S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE
1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT
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1996
OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL
DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING
FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.
(By prior motion of Senator ALEXANDER)
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS
INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE
REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION
OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN
STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS,
AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS
AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND
REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE
FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF
KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO
AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
CARRIED OVER
S. 1142 -- Banking and Insurance Committee: 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
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1996
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 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 1, 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
Printed Page 718 . . . . . Thursday, February 15,
1996
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 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
Printed Page 719 . . . . . Thursday, February 15,
1996
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 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 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; 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
Printed Page 720 . . . . . Thursday, February 15,
1996
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 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, 1997, 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
Printed Page 721 . . . . . Thursday, February 15,
1996
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 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
Printed Page 722 . . . . . Thursday, February 15,
1996
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 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.
On motion of Senator LEVENTIS, the Bill was carried over.
| Printed Page 700, Feb. 14
| Printed Page 722, Feb. 15
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