S*0927(Rat #0533, Act #0496)  General Bill, By Giese, Glover, Hayes, Holland, 
Lander, Leventis, T.W. Mitchell, O'Dell, Passailaigue, Rankin, Reese, M.T. Rose, 
Short, J.V. Smith, Washington and Wilson

Similar(H 4369)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 38-73-737 so as to provide that automobile liability and collision insurance
 rates are subject to a credit if an insured has passed an approved driver
 training course, and to provide for the requirements of the course; and to
 amend Section 38-77-350, as amended, relating to conditions under which new
 offers for automobile insurance are not required, so as to provide those
 conditions when a policy is offered or issued by a new serving carrier for the
 South Carolina Reinsurance Facility.-amended title

   12/20/93  Senate Prefiled
   12/20/93  Senate Referred to Committee on Banking and Insurance
   01/11/94  Senate Introduced and read first time SJ-41
   01/11/94  Senate Referred to Committee on Banking and Insurance SJ-41
   04/14/94  Senate Committee report: Favorable Banking and Insurance SJ-21
   04/19/94  Senate Read second time SJ-34
   04/20/94  Senate Read third time and sent to House SJ-11
   04/21/94  House  Introduced and read first time HJ-16
   04/21/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-17
   05/18/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-13
   05/26/94  House  Debate adjourned until Tuesday, May 31, 1994 HJ-53
   05/31/94  House  Amended HJ-39
   05/31/94  House  Read second time HJ-46
   06/01/94  House  Read third time and returned to Senate with
                     amendments HJ-83
   06/01/94  Senate House amendment amended SJ-16
   06/01/94  Senate Returned to House with amendments SJ-16
   06/01/94  House  Non-concurrence in Senate amendment HJ-299
   06/01/94  Senate  Recedes from amendments SJ-49
   06/02/94  House  Ordered enrolled for ratification HJ-334
   06/02/94         Ratified R 533
   07/14/94         Signed By Governor
   07/28/94         Effective date 07/01/94
   07/28/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE; AND TO AMEND SECTION 38-77

350, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH NEW OFFERS FOR AUTOMOBILE INSURANCE ARE NOT REQUIRED, SO AS TO PROVIDE THOSE CONDITIONS WHEN A POLICY IS OFFERED OR ISSUED BY A NEW SERVING CARRIER FOR THE SOUTH CAROLINA REINSURANCE FACILITY.

Be it enacted by the General Assembly of the State of South Carolina:

Premium credits for completion of driver training courses

SECTION 1. The 1976 Code is amended by adding:

"Section 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has completed successfully an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The credit must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The insurer may require as a condition of providing and maintaining the credit, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).

(B) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the Department of Public Safety and was conducted by:

(1) a recognized college or university;

(2) instructors certified by the Department of Public Safety; or

(3) any other school approved and supervised by the Department of Public Safety.

(C) The requirements of the course, in order to qualify for the insurance credit, must include the following minimum criteria:

(1) eight hours of classroom instruction;

(2) the teaching method must include group discussion, lecture, and visual presentations;

(3) the course materials must include age-related physical changes affecting older drivers, accident prevention measures, and a basic review of the rules-of-the-road including, but not limited to, rights of way, backing, entering, and leaving interstate highways; and

(4) a relevant test on the course material.

(D) For purposes of this section `satisfactory evidence' is a certificate signed by an official of the school or the Department of Public Safety, which certifies that:

(1) the person achieved a passing grade on a relevant test on the course material;

(2) the course was approved by and the instructors were certified by the Department of Public Safety; and

(3) the school was approved and supervised by the Department of Public Safety.

(E) Only the vehicle driven by drivers who have completed successfully the driver training course qualifies for the insurance credit. In order for the credit to apply, the certificate must be furnished by the named insured, principal operator of the insured vehicle, and all occasional operators named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Other vehicles which may be operated by other family members who have not completed the driver training course do not qualify for the insurance credit unless the primary driver of the additional vehicle has successfully completed the driver training course.

(F) Only driver training courses taken on a voluntary basis qualify for the insurance credit. Driver training courses taken as a requirement of a driving offense including, but not limited to, ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section."

Conditions under which new offers of insurance are not required

SECTION 2. 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."

Time effective

SECTION 3. This act takes effect July 1, 1994.

Approved the 14th day of July, 1994.