Current Status Introducing Body:House Bill Number:3167 Primary Sponsor:Kirsh Committee Number:26 Type of Legislation:GB Subject:Motor vehicle insurance, lapse in coverage Residing Body:House Computer Document Number:EGM/22301.DW Introduced Date:19930119 Last History Body:House Last History Date:19930421 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3167 House 19930421 Referred to Committee 26
3167 House 19930421 Recalled from Committee 21
3167 House 19930119 Introduced, read first time, 21
referred to Committee
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TO AMEND SECTION 56-10-245, CODE OF LAWS OF S. C., 1976, RELATING TO THE PER DIEM FINE FOR A LAPSE IN REQUIRED COVERAGE, SO AS TO DECREASE THE 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 56-10-245 of the 1976 Code, is amended to read:
"Section 56-10-245. 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.