Current Status Bill Number:3882 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950328 Primary Sponsor:Richardson All Sponsors:Richardson Drafted Document Number:BBM\10053JM.95 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Motor vehicle insurance coverage, traffic ticket
Body Date Action Description Com Leg Involved
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House 19950328 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 38-77-175 AND 56-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT THE COMPLETED AND VERIFIED FORM MUST BE RETURNED BY THE VEHICLE OPERATOR OR OWNER TO THE COURT ADJUDICATING THE TRAFFIC TICKET FOR A MOVING VIOLATION WHEN HE TENDERS PAYMENT OF ANY FINE OR BOND, OR APPEARS IN COURT, REGARDING THE MOVING VIOLATION OFFENSE, OR AT THE TIME OF ANY OTHER DISPOSITION OF THE TICKETED OFFENSE; AND TO AMEND SECTION 56-10-45, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT FINES COLLECTED PURSUANT TO SECTION 56-10-240, REFERRING TO THE MONETARY PENALTY OF A PERSON WHO IS GUILTY OF A MISDEMEANOR FOR WILFUL FAILURE TO RETURN HIS MOTOR VEHICLE LICENSE PLATES AND REGISTRATION, AND COLLECTED PURSUANT TO SECTION 38-77-175 AND SECTION 56-7-12, REFERRING ONLY TO THE TWO HUNDRED FIFTY DOLLARS FINE, MUST BE PAID TO THE GOVERNING BODY OF THE LOCAL LAW ENFORCEMENT AGENCY CONFISCATING THE TAGS AND DEPOSITED IN THE GENERAL FUND OF THE LOCAL GOVERNING BODY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-77-175 of the 1976 Code, as added by Act 113 of 1993, is amended to read:
"Section 38-77-175. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it court adjudicating the traffic ticket for a moving violation when he tenders payment of any fine or bond, or appears in court, regarding this moving violation offense, or at the time of any other disposition of the ticketed offense. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. In addition to any other penalties provided by this section or by law for a person owning or operating an uninsured motor vehicle, the owner or operator issued a traffic ticket and given the form pursuant to subsection (A) must be fined two hundred fifty dollars to be paid at the time the form is returned if the vehicle was uninsured when the traffic ticket for a moving violation was issued by a law enforcement officer.
(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS COURT WHEN PAYING THE FINE, APPEARING IN COURT, OR AT OTHER DISPOSITION OF THIS MOVING VIOLATION OR IS SUBJECT TO PENALTIES INCLUDING, BUT NOT LIMITED TO, A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 2. Section 56-7-12 of the 1976 Code, as added by Act 113 of 1993, is amended to read:
"Section 56-7-12. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it court adjudicating the traffic ticket for a moving violation when he tenders payment of any fine or bond, or appears in court, regarding this moving violation offense, or at the time of any other disposition of the ticketed offense. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. In addition to any other penalties provided by this section or by law for a person owning or operating an uninsured motor vehicle, the owner or operator issued a traffic ticket and given the form pursuant to subsection (A) must be fined two hundred fifty dollars to be paid at the time the form is returned if the vehicle was uninsured when the traffic ticket for a moving violation was issued by a law enforcement officer.
(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS COURT WHEN PAYING THE FINE, APPEARING IN COURT, OR AT OTHER DISPOSITION OF THIS MOVING VIOLATION OR IS SUBJECT TO PENALTIES INCLUDING, BUT NOT LIMITED TO, A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 3. Section 56-10-45 of the 1976 Code, as last amended by Section 1476 of Act 181 of 1993, is further amended to read:
"Section 56-10-45. (A) For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the Department of Public Safety may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the director from funds of the Department of Public Safety which are to be used for this purpose.
(B) Notwithstanding the provisions of subsection (A), local law enforcement agencies including sheriffs and municipal law enforcement agencies are authorized to confiscate motor vehicle registration certificates and plates where the security required by this chapter has lapsed. All motor vehicle registration certificates and plates confiscated pursuant to this section must be returned to the department within fifteen days. The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates and registration, and collected pursuant to Section 38-77-175(B) and Section 56-7-12(B), referring only to the two hundred fifty dollars fine, must be paid to the governing body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The Executive Director of the Department of Highways and Public Transportation Safety or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."
SECTION 4. This act takes effect upon approval by the Governor.