Current Status Introducing Body:Senate Bill Number:330 Primary Sponsor:Stilwell Committee Number:02 Type of Legislation:GB Subject:Motor vehicle insurance, reinstatement provisions Residing Body:Senate Current Committee:Banking and Insurance Computer Document Number:330 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Stilwell Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
330 Senate Jan 08, 1991 Introduced and read first 02
time, referred to Committee
330 Senate Dec 03, 1990 Prefiled, referred to 02
Committee
View additional legislative information at the LPITS web site.
TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, THE INAPPLICABILITY OF THE PER DIEM FINE FOR LAPSE IN REQUIRED INSURANCE COVERAGE, AND THE INAPPLICABILITY OF THE TWO HUNDRED DOLLAR REINSTATEMENT FEE PURSUANT TO SECTION 56-10-240, SO AS TO, AMONG OTHER THINGS, MAKE ALSO INAPPLICABLE UNDER CERTAIN CONDITIONS THE THREE HUNDRED DOLLAR REINSTATEMENT FEE OR FEES UNDER SECTION 56-10-240, DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR, PROVIDE FOR THE PENALTY OF PERJURY FOR AN UNTRUE SWORN STATEMENT, ELIMINATE THE REQUIREMENT OF A SIGNED PHYSICIAN'S STATEMENT AS DOCUMENTATION FOR ILLNESS WHEN ILLNESS IS THE REASON FOR INSURANCE LAPSE OR TERMINATION, PROVIDE THAT CERTAIN ADDITIONAL CAUSES OF INSURANCE LAPSE OR TERMINATION CONSTITUTE REASONS FOR THE NONASSESSMENT OF CERTAIN FEES AND FINES, AND PROVIDE THAT THE TOTAL AMOUNT OF THE FINE PROVIDED FOR IN SECTION 36 OF ACT 148 OF 1989 MAY NOT EXCEED TWENTY-FIVE DOLLARS, RATHER THAN TWO HUNDRED DOLLARS, FOR A FIRST OFFENSE.
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 provided for in this section, and the two hundred dollar reinstatement fee pursuant to Section 56-10-240 of the 1976 Code, and the three hundred dollar reinstatement fee or fees pursuant to Section 56-10-240 must not be assessed if the person furnishes proof evidence, as documented by his a sworn statement under penalty of perjury, 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 period of lapse or termination, and the period of lapse or termination is due to occurred, or was allowed to occur, for one of the following reasons: (1) active duty military service; or (2) illness as documented by a signed physician's statement; (3) inoperability of the vehicle due to disrepair; (4) the vehicle is a collector's item and was parked or garaged during the period of lapse or termination. The total amount of the fine provided for in this section may not exceed two hundred twenty-five dollars for a first offense."
SECTION 2. This act takes effect upon approval by the Governor.