Current Status Bill Number:1069 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960130 Primary Sponsor:Wilson All Sponsors:Wilson and Leventis Drafted Document Number:bbm\10526jm.96 Companion Bill Number:4489 Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Safe Driver's Responsibility Act
Body Date Action Description Com Leg Involved
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Senate 19960130 Introduced, read first time, 02 SBI
referred to Committee
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TO ENACT THE "SAFE DRIVER'S RESPONSIBILITY ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED'S DRIVER'S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "Safe Driver's Responsibility Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 38-73-738. (A) A licensed driver who is a resident of this State shall receive one safe driving credit for each year in which he receives no points for driving violations under Section 56-1-720. The driver may accumulate a maximum total of four safe driving credits.
(B)(1) For each year for which a licensed resident driver maintains one safe driving credit, he shall pay not more than seventy-five percent of the recoupment fee otherwise chargeable or applicable to him pursuant to the provisions of this title.
(2) For each year for which a licensed resident driver maintains a total of two safe driving credits, he shall pay not more than fifty percent of the recoupment fee otherwise chargeable or applicable to him pursuant to the provisions of this title.
(3) For each year for which a licensed resident driver maintains a total of three safe driving credits, he shall pay not more than twenty-five percent of the recoupment fee otherwise chargeable or applicable to him pursuant to the provision of this title.
(4) For each year for which a licensed resident driver maintains the allowable maximum four safe driving credits, he shall pay none of the recoupment fee otherwise chargeable or applicable to him pursuant to the provisions of this title.
(C) An insurance company doing business in this State shall not charge an insured any merit rating plan points or any surcharge points for any merit rating, credit, or discount plan for automobile insurance purposes for a period of time longer than any point under Section 56-1-720, which gave rise to the imposition of such insurance points, remains upon the operating record of the insured in accordance with the provisions of Title 56.
(D) For the purposes of the enforcement and administration of the provisions of this section and notwithstanding any other provision of Title 38 or Title 56, the liability portion of the automobile insurance provided for and required under the laws of this State applies and attaches directly to an insured's driver's license and not to the motor vehicle. When such person applies for the issuance or the renewal of a South Carolina driver's license, he must present satisfactory proof of the existence of such liability insurance coverage; otherwise, he shall not be issued a license or a renewal of his license, as is applicable under the circumstances. If the person's liability insurance coverage is, at any time, revoked, canceled, or nonrenewed, the person's insurer shall immediately notify the department or agency which issues or renews driver's licenses of the fact of such revocation, cancellation, or nonrenewal, and that department or agency shall suspend the person's driver's license until such time as the person presents to the department or agency satisfactory proof of liability insurance coverage."
SECTION 3. This act takes effect upon approval by the Governor.