H*3534 Session 107 (1987-1988)
H*3534(Rat #0403, Act #0376 of 1988) General Bill, By J.D. Bradley, Boan and
J.W. McLeod
Similar(S 1040)
A Bill to amend Section 38-77-30, Code of Laws of South Carolina, 1976,
relating to definitions for purposes of automobile insurance, so as to define
"individual private passenger automobile" for these purposes, and to provide
that specialized insurers may not cede risks to and does not recoup losses of
the Reinsurance Facility and may be excused from the merit rating plan and the
classification and territorial plans upon approval of the
Commissioner.-amended title
01/14/88 House Introduced and read first time HJ-405
01/14/88 House Referred to Committee on Labor, Commerce and
Industry HJ-405
01/27/88 House Committee report: Favorable Labor, Commerce and
Industry HJ-679
02/04/88 House Debate adjourned HJ-972
02/09/88 House Read second time HJ-997
02/10/88 House Read third time and sent to Senate HJ-1040
02/11/88 Senate Introduced and read first time
02/11/88 Senate Referred to Committee on Banking and Insurance
02/23/88 Senate Committee report: Favorable with amendment
Banking and Insurance SJ-13
02/24/88 Senate Amended SJ-56
02/24/88 Senate Read second time SJ-57
02/25/88 Senate Read third time SJ-25
02/25/88 Senate Returned SJ-25
03/01/88 House Concurred in Senate amendment and enrolled HJ-1546
03/08/88 Ratified R 403
03/14/88 Signed By Governor
03/14/88 Effective date 03/14/88
03/14/88 Act No. 376
03/22/88 Copies available
(A376, R403, H3534)
AN ACT TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE
"INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES, AND TO
PROVIDE THAT SPECIALIZED INSURERS MAY NOT CEDE RISKS TO AND DOES NOT RECOUP
LOSSES OF THE REINSURANCE FACILITY AND MAY BE EXCUSED FROM THE MERIT RATING PLAN
AND THE CLASSIFICATION AND TERRITORIAL PLANS UPON APPROVAL OF THE COMMISSIONER.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of individual private passenger automobile
SECTION 1. Section 38-77-30 of the 1976 Code is amended by adding the following
item:
"(5.5) (a) 'Individual private passenger automobile' means the following
types of motor vehicles owned by or leased under a long-term contract by an
individual or individuals:
( i) motor vehicles of the private passenger type or station wagon type;
( ii) panel trucks, delivery sedans, vehicles with a pickup body, vans,
or similar motor vehicles designed for use on streets and highways and so
licensed; and
(iii) motor homes, so long as the motor vehicles described in (ii) and
(iii) are not used in the occupation, profession, or business of the insured
other than farming and ranching.
(b) A motor vehicle is not considered 'owned by or leased under a long-term
contract by an individual or individuals' if the motor vehicle is owned by a
partnership or corporation, unless the motor vehicle is owned by a farm family
copartnership or a farm family corporation and is garaged principally on a farm
or ranch.
(c) A motor vehicle is not considered 'used in the occupation, profession,
or business of the insured', because it is used in the course of driving to and
from work.
(d) Individual private passenger automobile does not include:
( i) motor vehicles that are used for public or livery conveyance or
rented to others without a driver;
( ii) fire department vehicles, police vehicles, ambulances, and rescue
squad vehicles which are publicly owned;
(iii) motorcycles, motor-driven cycles, motor scooters, and mopeds;
( iv) dune buggies, all terrain vehicles, go carts, and snowmobiles;
( v) golf carts; and
( vi) small commercial risks."
Provisions affecting specialized insurers
SECTION 2. Item 12 of Section 38-77-30 of the 1976 Code is amended to read:
"(12) 'Specialized insurer' means an insurer which specializes in certain
types of business such as, but without limitation on the generality, commercial
automobile business, and which may be relieved, with the approval of the
Commissioner, of the obligation to write types of business inconsistent with this
specialty, such as private passenger automobile business. However, no insurer
may be approved as a specialized insurer or continue to be so approved unless it
accepts all insurable risks falling within the types of business to which it
confines its writings without distinctions among applicants or policyholders as
to policy forms, terms, rates or services other than as the distinctions are
reflected in the approved rating plan for the classification of risks. No
insurer may be approved as a specialized insurer because it specializes in or
purports to specialize in select or preferred risks. A specialized insurer may
not cede risks to the Reinsurance Facility and thus does not recoup losses of the
Facility. Specialized insurers may be excused from using the merit rating plan
and the uniform classification and territorial plans upon approval by the
Commissioner."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |