South Carolina General Assembly
109th Session, 1991-1992

Bill 3020


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3020
Primary Sponsor:                Kirsh
Committee Number:               26
Type of Legislation:            GB
Subject:                        Motor vehicle insurance, lapse in
                                coverage
Residing Body:                  House
Current Committee:              Labor, Commerce and Industry
Date Tabled:                    Feb 05, 1991
Computer Document Number:       3020
Introduced Date:                Jan 08, 1991
Last History Body:              House
Last History Date:              Feb 05, 1991
Last History Type:              Tabled in Committee
Scope of Legislation:           Statewide
All Sponsors:                   Kirsh
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3020  House   Feb 05, 1991  Tabled in Committee             26
 3020  House   Jan 08, 1991  Introduced and read first       26
                             time, referred to Committee
 3020  House   Dec 12, 1990  Prefiled, referred to           26
                             Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.

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

SECTION 1. Section 36 of Act 148 of 1989, as last amended by Act 324 of 1990, is further amended to read:

"Section 36. Whenever a person furnishes proof of liability insurance, or surrenders or has his registration or license tags confiscated for failure to produce proof of insurance, after the Department of Highways and Public Transportation receives notice of the lapse or termination of the required liability insurance, the department shall compare the effective date of the lapse or termination with the date of the proof of insurance or the date of the confiscation or surrender. If the department determines there was a lapse in the required coverage the department shall assess, in addition to other fines or penalties imposed by the law, a per diem fine in the amount of five dollars one dollar. The department shall collect and keep this fine to defer the costs of the financial responsibility program. The fine must be remitted to the reinsurance facility and included in the determination of the recoupment fee. The fine provided for in this section and the two hundred dollar reinstatement fee pursuant to Section 56-10-240 of the 1976 Code must not be assessed if the person furnishes proof, as documented by his sworn statement, that the motor vehicle upon which the coverage has lapsed or been terminated has not been operated upon the roads, streets, or highways of this State during the lapse or termination, and the lapse or termination is due to military service or illness as documented by a signed physician's statement. The total amount of the fine provided for in this section may not exceed two hundred thirty dollars for a first offense."

SECTION 2. This act takes effect upon approval by the Governor.

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