H*3425(Rat #0013, Act #0008)  General Bill, By 
 House Labor, Commerce and Industry
 A Bill to amend Section 38-77-360, Code of Laws of South Carolina, 1976,
 relating to the provision that there shall be no increase in automobile
 insurance premiums after certain first offense violations, so as to provide
 that a person who is issued a citation for careless or negligent driving in
 violation of any municipal or county ordinance and who is found guilty of that
 violation may not have his automobile insurance premiums for an individual
 private passenger automobile increased as a result of a first offense, provide
 that an insured whose automobile insurance premium has increased as a result
 of a first offense violation of such ordinance is entitled to a credit for
 this increase against renewal premiums dues upon providing written notice of
 such increase to his insurer, provide that a person may have his premiums
 increased as a result of a second or subsequent violations of careless or
 negligent driving in violation of a county or municipal ordinance only for
 such violations occurring after June 30, 1993, and provide that a person who
 is guilty of a violation for a first offense for certain violations may not
 have his automobile insurance premiums increased as a result of that
 violations.-amended title

   02/09/93  House  Introduced, read first time, placed on calendar
                     without reference HJ-8
   02/11/93  House  Debate interrupted HJ-19
   02/11/93  House  Amended HJ-35
   02/11/93  House  Read second time HJ-38
   02/11/93  House  Unanimous consent for third reading on next
                     legislative day HJ-38
   02/12/93  House  Read third time and sent to Senate HJ-2
   02/16/93  Senate Introduced and read first time SJ-8
   02/16/93  Senate Referred to Committee on Banking and Insurance SJ-8
   02/17/93  Senate Recalled from Committee on Banking and Insurance SJ-3
   02/17/93  Senate Amended SJ-3
   02/17/93  Senate Read second time SJ-4
   02/17/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-4
   02/18/93  Senate Amended SJ-8
   02/18/93  Senate Read third time and returned to House with
                     amendments SJ-8
   02/24/93  House  Concurred in Senate amendment and enrolled HJ-17
   03/03/93         Ratified R 13
   03/04/93         Signed By Governor
   03/04/93         Effective date 03/04/93
   03/15/93         Copies available

AN ACT TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THERE SHALL BE NO INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF ANY MUNICIPAL OR COUNTY ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS AUTOMOBILE INSURANCE PREMIUMS FOR AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE INCREASED AS A RESULT OF A FIRST OFFENSE, PROVIDE THAT AN INSURED WHOSE AUTOMOBILE INSURANCE PREMIUM HAS INCREASED AS A RESULT OF A FIRST OFFENSE VIOLATION OF SUCH ORDINANCE IS ENTITLED TO A CREDIT FOR THIS INCREASE AGAINST RENEWAL PREMIUMS DUE UPON PROVIDING WRITTEN NOTICE OF SUCH INCREASE TO HIS INSURER, PROVIDE THAT A PERSON MAY HAVE HIS PREMIUMS INCREASED AS A RESULT OF A SECOND OR SUBSEQUENT VIOLATION OF CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE ONLY FOR SUCH VIOLATIONS OCCURRING AFTER JUNE 30, 1993, AND PROVIDE THAT A PERSON WHO IS GUILTY OF A VIOLATION FOR A FIRST OFFENSE FOR CERTAIN VIOLATIONS MAY NOT HAVE HIS AUTOMOBILE INSURANCE PREMIUMS INCREASED AS A RESULT OF THAT VIOLATION.

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

Careless, negligent driving; effect on insurance premiums

SECTION 1. Section 38-77-360 of the 1976 Code, as added by Act 148 of 1989, is amended by adding:

"(C) A person who is issued a citation for careless or negligent driving, in violation of any municipal or county ordinance prohibiting the operation of a motor vehicle without due care and caution for the safety of persons and property, and who is found guilty of that violation may not have his automobile insurance premiums for an individual private passenger automobile as defined in Section 38-77-30(5.5) increased as a result of a first offense. Any insured whose automobile insurance premium has increased as a result of a first offense violation of such ordinance is entitled to a credit for this increase against renewal premiums due, upon providing written notice of such increase to his insurer. A person may have his automobile insurance premiums increased as a result of a second or subsequent violation of the offense described in this subsection only for such violations occurring after June 30, 1993."

First-offense violations; effect on insurance premiums, etc.

SECTION 2. Section 38-77-360 of the 1976 Code, as added by Act 148 of 1989, is amended by adding the following appropriately-lettered subsection:

"( ) A person who is guilty of a violation for a first offense for (1) failing to dim lights, (2) operating with improper lights, (3) operating with improper brakes, (4) operating a vehicle in unsafe condition, or (5) driving without lights on while wipers are being used, may not have his automobile insurance premiums increased as a result of that violation. This subsection applies only to violations occurring after June 30, 1993."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of March, 1993.