H 3488 General Bill, By M.O. Alexander, Alexander, J.J. Bailey, T.M. Burriss, 
R.S. Corning, J.L.M. Cromer, J.H. Hodges, J.R. Klapman, Koon, Martin, L.W. Ross, 
Sharpe and R. Smith
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-1255 so as to require a person owning or operating a motor vehicle to
 carry proof of his motor vehicle liability insurance, to require the owner or
 operator of a motor vehicle involved in an accident to provide other persons
 involved with information concerning his proof of insurance, and to provide
 penalties for violations; to amend Section 56-5-1270, as amended, relating to
 written reports of certain motor vehicle accidents, so as to require written
 reports of law enforcement officers investigating accidents to contain
 liability insurance information regarding the owners or operators of the
 vehicles involved; and to amend Section 56-5-1300, relating to accident report
 forms by the Department of Highways and Public Transportation, so as to
 provide that reporting forms designated by the Department must include the
 liability insurance of the owners or operators of the vehicles involved.

   02/12/91  House  Introduced and read first time HJ-6
   02/12/91  House  Referred to Committee on Education and Public
                     Works HJ-6
   02/26/91  House  Recalled from Committee on Education and Public
                     Works HJ-36
   02/26/91  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-36
   03/26/91  House  Tabled in committee

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-1255. A person owning or operating a motor vehicle registered or subject to registration in this State shall have in his possession while operating the vehicle verification of liability insurance, or verification of coverage under a motor vehicle liability insurance policy, in the amount and under the terms and conditions required by the laws of this State on the vehicle being operated. At the time of a motor vehicle accident involving another person or the property of another person, the owner or operator of the vehicle, in addition to all other requirements of law, shall provide or furnish the investigating officer with the information contained on his verification of insurance.

A person who fails to carry the verification of insurance or provide information of his verification of insurance in the manner required by this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed two hundred dollars or by imprisonment not to exceed thirty days."

SECTION 2. Section 56-5-1270 of the 1976 Code, as last amended by Act 665 of 1988, is further amended to read:

"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of four hundred dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the department, the proof and report to be in a manner prescribed by the department. The completed and verified form must be returned by the operator or owner to the department within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.

Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, shall forward a written report of the accident to the department including the names of interviewed participants and witnesses, and the liability insurance information of the owner or operator of the vehicles involved must be furnished each party involved in the accident by the investigating officer on a form designated by the department. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury, the injury must be indicated on the report."

SECTION 3. Section 56-5-1300 of the 1976 Code is amended to read:

"Section 56-5-1300. The department shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals forms for accident reports required hereunder by law, appropriate with respect to the persons required to make such these reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for must contain sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved, and the liability insurance information of the owner or operator of the vehicle involved, this liability insurance information to be contained on this or another form designated by the department. Every accident report required to be made in writing shall must be made on the appropriate form approved by the department and shall contain all of the information required therein on the form unless not available."

SECTION 4. This act takes effect upon approval by the Governor.