H 3753 Session 123 (2019-2020) H 3753 General Bill, By G.M.Smith A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-286, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND SUSPENSION OF A DRIVER'S LICENSE AND A BEGINNER'S PERMIT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FILING PROOF OF FINANCIAL RESPONSIBILITY AND THE DEPARTMENT OF MOTOR VEHICLES' DUTY TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTIONS 56-1-460 AND 56-1-746, RELATING TO THE CANCELLATION, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE AND RELATED PENALTIES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE FILING OF PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-1020, RELATING TO THE DEFINITION OF THE TERM "HABITUAL OFFENDER" AND PENALTIES FOR AN HABITUAL OFFENDER CONVICTION, SO AS TO DELETE A PROVISION RELATING TO A CONVICTION FOR DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR REFUSAL TO SUBMIT TO TESTING FOR ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT DOES NOT REQUIRE A PERSON WHOSE DRIVER'S LICENSE OR PERMIT IS SUSPENDED PURSUANT TO THIS SECTION TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-9-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE LIABILITY POLICY"; TO AMEND SECTION 56-9-30, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION TO THIS PROVISION; TO AMEND SECTIONS 56-9-440, 56-9-470, AND 56-9-490, ALL RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR NONPAYMENT OF A JUDGEMENT, SO AS TO DELETE PROVISIONS RELATING TO A JUDGEMENT DEBTOR FURNISHING PROOF OF FINANCIAL RESPONSIBILITY, AND A PROVISION THAT PROVIDES THAT A DISCHARGE IN BANKRUPTCY FOLLOWING THE RENDERING OF A JUDGEMENT SHALL NOT RELIEVE THE JUDGEMENT DEBTOR FROM PROVIDING PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTIONS 56-10-10, 56-10-20, 56-10-40, AND 56-10-45, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, SO AS TO MAKE TECHNICAL CHANGES AND TO DELETE A PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO PROMULGATE REGULATIONS; TO AMEND SECTIONS 56-10-210, 56-10-220, 56-10-225, AND 56-10-240, ALL RELATING TO INSURANCE REQUIREMENTS FOR MOTOR VEHICLE REGISTRATION, SO AS TO DELETE THE TERM "OPERATOR" AND ITS DEFINITION, TO DELETE THE DEPARTMENT OF MOTOR VEHICLES AUTHORITY TO PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON NEW AND RENEWAL VEHICLE REGISTRATIONS, AND TO DELETE THE TERM "FINANCIAL RESPONSIBILITY" AND REPLACE IT WITH THE TERM "INSURANCE"; TO AMEND SECTION 56-10-260, RELATING TO PENALTIES FOR FILING FALSE INFORMATION WITH THE DEPARTMENT OF MOTOR VEHICLES THAT A MOTOR VEHICLE IS INSURED, AND THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO DELETE THE PROVISION THAT STATES THE DEPARTMENT MAY NOT ISSUE A SPECIAL RESTRICTED DRIVER'S LICENSE UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND SECTION 56-10-280, RELATING TO THE ISSUANCE OF INSURANCE CONTRACTS OR POLICIES, SO AS TO DELETE THE TERM "FINANCIAL RESPONSIBILITY" AND REPLACE IT WITH THE TERM "INSURANCE"; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES, AND REVISE THE REGISTRATION PROCESS; TO AMEND SECTIONS 56-10-520, 56-10-530, 56-10-535, 56-10-540, 56-10-550, 56-10-551, 56-10-554, AND 56-10-650, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, INVOLVEMENT IN AN ACCIDENT WITH AN UNINSURED MOTOR VEHICLE, CONVICTIONS FOR CERTAIN TRAFFIC VIOLATIONS, PROOF OF FINANCIAL RESPONSIBILITY, THE UNINSURED MOTORISTS FUND, CANCELLATION OR TERMINATION OF AN INSURANCE POLICY, AND THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO MAKE TECHNICAL CHANGES, AND DELETE PROVISIONS THAT REQUIRE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION FOR A LITTER VIOLATION, SO AS TO DELETE THE PROVISION RELATING TO FILING PROOF OF FINANCIAL RESPONSIBILITY; AND TO REPEAL SECTIONS 56-9-460, 56-9-500, 56-9-505, 56-9-510, 56-9-520, 56-9-530, 56-9-540, 56-9-550, 56-9-560, 56-9-570, 56-9-580, 56-9-590, 56-9-600, 56-9-610, 56-9-620, 56-9-630, AND 56-10-46, ALL RELATING TO ALLOWING A DRIVER WHOSE LICENSE HAS BEEN SUSPENDED TO DRIVE AN EMPLOYER'S VEHICLE, REQUIRING PROOF OF FINANCIAL RESPONSIBILITY BEFORE A DRIVER'S LICENSE MAY BE REINSTATED, WAIVING PROOF OF FINANCIAL RESPONSIBILITY IN CERTAIN INSTANCES, METHODS OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY, AND THE CANCELLATION OR RETURN OF PROOF OF FINANCIAL RESPONSIBILITY.
TO AMEND SECTIONS 56-1-40 AND 56-1-286, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND SUSPENSION OF A DRIVER'S LICENSE AND A BEGINNER'S PERMIT, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FILING PROOF OF FINANCIAL RESPONSIBILITY AND THE DEPARTMENT OF MOTOR VEHICLES' DUTY TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTIONS 56-1-460 AND 56-1-746, RELATING TO THE CANCELLATION, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE AND RELATED PENALTIES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE FILING OF PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-1-1020, RELATING TO THE DEFINITION OF THE TERM "HABITUAL OFFENDER" AND PENALTIES FOR AN HABITUAL OFFENDER CONVICTION, SO AS TO DELETE A PROVISION RELATING TO A CONVICTION FOR DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR REFUSAL TO SUBMIT TO TESTING FOR ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT DOES NOT REQUIRE A PERSON WHOSE DRIVER'S LICENSE OR PERMIT IS SUSPENDED PURSUANT TO THIS SECTION TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-9-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE LIABILITY POLICY"; TO AMEND SECTION 56-9-30, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN MOTOR VEHICLES, SO AS TO DELETE AN EXCEPTION TO THIS PROVISION; TO AMEND SECTIONS 56-9-440, 56-9-470, AND 56-9-490, ALL RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR NONPAYMENT OF A JUDGEMENT, SO AS TO DELETE PROVISIONS RELATING TO A JUDGEMENT DEBTOR FURNISHING PROOF OF FINANCIAL RESPONSIBILITY, AND A PROVISION THAT PROVIDES THAT A DISCHARGE IN BANKRUPTCY FOLLOWING THE RENDERING OF A JUDGEMENT SHALL NOT RELIEVE THE JUDGEMENT DEBTOR FROM PROVIDING PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTIONS 56-10-10, 56-10-20, 56-10-40, AND 56-10-45, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, SO AS TO MAKE TECHNICAL CHANGES AND TO DELETE A PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO PROMULGATE REGULATIONS; TO AMEND SECTIONS 56-10-210, 56-10-220, 56-10-225, AND 56-10-240, ALL RELATING TO INSURANCE REQUIREMENTS FOR MOTOR VEHICLE REGISTRATION, SO AS TO DELETE THE TERM "OPERATOR" AND ITS DEFINITION, TO DELETE THE DEPARTMENT OF MOTOR VEHICLES AUTHORITY TO PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON NEW AND RENEWAL VEHICLE REGISTRATIONS, AND TO DELETE THE TERM "FINANCIAL RESPONSIBILITY" AND REPLACE IT WITH THE TERM "INSURANCE"; TO AMEND SECTION 56-10-260, RELATING TO PENALTIES FOR FILING FALSE INFORMATION WITH THE DEPARTMENT OF MOTOR VEHICLES THAT A MOTOR VEHICLE IS INSURED, AND THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO DELETE THE PROVISION THAT STATES THE DEPARTMENT MAY NOT ISSUE A SPECIAL RESTRICTED DRIVER'S LICENSE UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND SECTION 56-10-280, RELATING TO THE ISSUANCE OF INSURANCE CONTRACTS OR POLICIES, SO AS TO DELETE THE TERM "FINANCIAL RESPONSIBILITY" AND REPLACE IT WITH THE TERM "INSURANCE"; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES, AND REVISE THE REGISTRATION PROCESS; TO AMEND SECTIONS 56-10-520, 56-10-530, 56-10-535, 56-10-540, 56-10-550, 56-10-551, 56-10-554, AND 56-10-650, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE, INVOLVEMENT IN AN ACCIDENT WITH AN UNINSURED MOTOR VEHICLE, CONVICTIONS FOR CERTAIN TRAFFIC VIOLATIONS, PROOF OF FINANCIAL RESPONSIBILITY, THE UNINSURED MOTORISTS FUND, CANCELLATION OR TERMINATION OF AN INSURANCE POLICY, AND THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO MAKE TECHNICAL CHANGES, AND DELETE PROVISIONS THAT REQUIRE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION FOR A LITTER VIOLATION, SO AS TO DELETE THE PROVISION RELATING TO FILING PROOF OF FINANCIAL RESPONSIBILITY; AND TO REPEAL SECTIONS 56-9-460, 56-9-500, 56-9-505, 56-9-510, 56-9-520, 56-9-530, 56-9-540, 56-9-550, 56-9-560, 56-9-570, 56-9-580, 56-9-590, 56-9-600, 56-9-610, 56-9-620, 56-9-630, AND 56-10-46, ALL RELATING TO ALLOWING A DRIVER WHOSE LICENSE HAS BEEN SUSPENDED TO DRIVE AN EMPLOYER'S VEHICLE, REQUIRING PROOF OF FINANCIAL RESPONSIBILITY BEFORE A DRIVER'S LICENSE MAY BE REINSTATED, WAIVING PROOF OF FINANCIAL RESPONSIBILITY IN CERTAIN INSTANCES, METHODS OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY, AND THE CANCELLATION OR RETURN OF PROOF OF FINANCIAL RESPONSIBILITY. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 56-1-40(6), (7), and (8) of the 1976 Code is amended to read:
"(6)
SECTION 2. Section 56-1-286(T), (U), and (V) of the 1976 Code is amended to read:
"(T)
SECTION 3. Section 56-1-460(B) of the 1976 Code is amended to read:
"(B) The Department of Motor Vehicles, upon receiving a record of a person's conviction pursuant to this section upon a charge of driving a vehicle while the person's license was suspended for a definite period of time, shall extend the suspension period for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the person's license for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, the additional period of suspension pursuant to this section is thirty days SECTION 4. Section 56-1-746(C) of the 1976 Code is amended to read:
"(C) Notwithstanding the provisions of Section 56-1-460, a person convicted pursuant to the provisions of this section must be punished pursuant to Section 56-1-440 SECTION 5. Section 56-1-1020(a)(4) of the 1976 Code is amended to read:
"(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked SECTION 6. Section 56-5-2951(M), (N), (O), and (P) of the 1976 Code is amended to read:
"(M)
SECTION 7. Section 56-9-20(5) of the 1976 Code is amended to read:
"(5) 'Motor vehicle liability policy': An owner's or an operator's policy of liability insurance that fulfills all the requirements of Sections 38-77-140 through 38-77-230, (a) Contents of motor vehicle liability policy. The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all of the provisions of this chapter. (b) Provisions deemed incorporated in such policy. Every motor vehicle liability policy is subject to the following provisions, which need not be contained therein: (1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs; (2) The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; (3) No statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy; (4) The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage; (5) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in Section 38-77-140; and (6) The policy, written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties. (c) What policy need not cover. The motor vehicle liability policy need not insure any liability under the Workers' Compensation Law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of the motor vehicle, nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured. (d) Additional coverage permitted. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants this excess or additional coverage, the term 'motor vehicle liability policy' shall apply only to that part of the coverage which is required by this article. (e) Additional permissible provisions. Any motor vehicle liability policy may provide: (1) That the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter; and (2) For the prorating of the insurance thereunder with other valid and collectible insurance. (f) Requirements may be met by several policies. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements. (g) Legal binder deemed to meet requirements. Any legal binder issued pending the issuance of a motor vehicle liability policy shall be considered as fulfilling the requirements for such policy.
(h)
SECTION 8. Section 56-9-30 of the 1976 Code is amended to read:
"Section 56-9-30. This chapter does not apply with respect to any motor vehicle owned by the United States, this State, or any political subdivision of this State or any municipality therein, nor SECTION 9. Section 56-9-440 of the 1976 Code is amended to read:
"Section 56-9-440. If the judgment creditor consents in writing, in the form which the Department of Motor Vehicles may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, this may be allowed by the Department for six months from the date of the consent and thereafter until the consent is revoked in writing, notwithstanding default in the payment of the judgment or any installment thereof prescribed in Section 56-9-490 SECTION 10. Section 56-9-470 of the 1976 Code is amended to read:
"Section 56-9-470. The license, registration and nonresident's operating privilege shall, except as otherwise provided in Section 56-9-460, remain suspended and shall not be renewed nor shall any license or registration be thereafter issued in the name of that person, including that person if not previously licensed, until every judgment is satisfied in full or to the extent provided in Section 56-9-480
SECTION 11. Section 56-9-490 of the 1976 Code is amended to read: "Section 56-9-490. A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.
The Department of Motor Vehicles shall not suspend a license, registration or nonresident's operating privilege and shall restore any license, registration or nonresident's operating privilege suspended following nonpayment of a judgment when the judgment debtor In the event the judgment debtor fails to pay any installment as specified by the order, then upon notice of the default the Department shall suspend the license, registration or nonresident's operating privilege of the judgment debtor until the judgment is satisfied, as provided in this article." SECTION 12. Section 56-10-10 of the 1976 Code is amended to read:
"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the SECTION 13. Section 56-10-20 of the 1976 Code is amended to read:
"Section 56-10-20. The security required under this chapter is a policy or policies written by insurers authorized to write such policies in South Carolina providing for at least (1) the minimum coverages specified in Sections 38-77-140 through 38-77-230 and (2) the benefits required under Sections 38-77-240, 38-77-250, and 38-77-260. However, the SECTION 14. Section 56-10-40 of the 1976 Code is amended to read:
"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the Upon receipt of any such notice of lapse or termination the department shall make a reasonable effort to notify the person that his certificate of registration and driving privileges have been suspended and shall recover the certificate from such person and the motor vehicle plate from the vehicle concerned." SECTION 15. Section 56-10-45(C) of the 1976 Code is amended to read:
"(C) The Department of Motor Vehicles 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, 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 SECTION 16. Section 56-10-210 of the 1976 Code is amended to read:
"Section 56-10-210. As used in this article
SECTION 17. Section 56-10-220 of the 1976 Code is amended to read:
"Section 56-10-220. Every person applying for registration for a motor vehicle shall at the time of such registration and licensing declare the vehicle to be an insured motor vehicle under the penalty set forth in Section 56-10-260 and shall execute and furnish to the Department of Motor Vehicles his certificate that such motor vehicle is an insured motor vehicle, and that he will maintain insurance thereon during the registration period. The certificate must be in the form prescribed by the department with input from the Department of Insurance and the working group. The department may require any registered owner or any applicant for registration and licensing of a motor vehicle declared to be an insured motor vehicle to submit a certificate of insurance executed by an authorized agent or representative of an insurance company authorized to do business in this State. Such certificate SECTION 18. Section 56-10-225(B) of the 1976 Code is amended to read:
"(B) The owner of a motor vehicle must maintain proof of SECTION 19. Section 56-10-240(B) of the 1976 Code is amended to read:
"(B) The Department of Motor Vehicles, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation, refusal to renew, new policies written, and renewals to the department. The department may not reissue a registration certificate and license plate for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the owner's driving privileges, license plate, and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plate and registration certificate. A person who has had his driving privileges, vehicle license plate, and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the SECTION 20. Section 56-10-260(B)(1) of the 1976 Code is amended to read:
"(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. SECTION 21. Section 56-10-280(A) of the 1976 Code is amended to read:
"(A) Contracts or policies of insurance issued to meet the (1) a check or bank draft tendered by the insured for payment to an agent, an insurance company, or a premium finance company is returned unpaid for insufficient funds or other reason by the insured's financial institution. If the check or draft is an initial payment made by an applicant for insurance or a payment made by an insured to renew a policy, the cancellation is effective as of the policy inception or renewal date; (2) the insured produces satisfactory proof from the Department of Motor Vehicles that he has sold or otherwise disposed of the insured vehicle or surrendered its tags and registration;
(3) the insured has secured another policy that meets the (4) the insured fails to pay when due the premium for the policy, an installment of the premium, or an installment payment under a premium service contract. The contract or policy of insurance must remain in effect for at least thirty days." SECTION 22. Section 56-10-510 of the 1976 Code is amended to read:
"Section 56-10-510. (A) In addition to any other fees prescribed by law, every person registering an uninsured motor vehicle, as defined in Section 56-9-20, at the time of registering or reregistering the uninsured vehicle, shall pay a fee of five hundred and fifty dollars. Notwithstanding any other provision of law, fifty dollars of the uninsured motor vehicle fee is nonrefundable and is directed to be paid to the South Carolina Reinsurance Facility for the recoupment of assessments or losses of the South Carolina Reinsurance Facility pursuant to Section 56-10-554 until otherwise ordered by the director of the Department of Insurance. However, if the uninsured motor vehicle is being registered for a period of less than a full year, the uninsured motor vehicle fee exclusive of any nonrefundable portion must be prorated to conform to the registration period. This uninsured motor vehicle fee shall be increased annually based upon and in relation to the average rate level increases for private passenger automobile insurance coverages by insurers in this State. The director of the Department of Insurance, by annual order, will set this exact fee. The application for registering an uninsured vehicle must have the following statements printed on or attached to the first page of the form, boldface, twelve-point type: 'THIS $550 FEE IS NOT AN INSURANCE PREMIUM AND YOU ARE NOT PURCHASING ANY INSURANCE BY PAYING THIS FEE. THIS $550 UNINSURED MOTORIST FEE IS FOR THE PRIVILEGE TO DRIVE AND OPERATE AN UNINSURED MOTOR VEHICLE ON THE SOUTH CAROLINA ROADS.' This uninsured motorist notice required by this section
(C) If the SECTION 23. Section 56-10-520 of the 1976 Code is amended to read: "Section 56-10-520. A person who owns an uninsured motor vehicle: (1) licensed in the State; or
(2) subject to registration in the State; who operates or permits the operation of that motor vehicle without first having paid to the A person who is the operator of an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section.
The
Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the SECTION 24. Section 56-10-530 of the 1976 Code is amended to read:
"Section 56-10-530. When it appears to the SECTION 25. Section 56-10-535 of the 1976 Code is amended to read:
"Section 56-10-535. The
SECTION 26. Section 56-10-540 of the 1976 Code is amended to read:
"Section 56-10-540.
A person whose driver's license or registration certificates, or license plates and decals have been suspended as provided in this chapter and have not been reinstated shall immediately return every such license, registration certificate, and set of license plates and decals held by him to the SECTION 27. Section 56-10-550 of the 1976 Code is amended to read:
"Section 56-10-550. Except as provided in Sections 56-10-552 and 56-10-554, funds collected by the SECTION 28. Section 56-10-551 of the 1976 Code is amended to read:
"Section 56-10-551. When any insurance policy certified under this chapter is canceled or terminated, the insurer shall report the fact to the SECTION 29. Section 56-10-554 of the 1976 Code is amended to read:
"Section 56-10-554. As provided in Section 56-10-510, fifty dollars of the uninsured motor vehicle fee paid per vehicle is nonrefundable and must be used to recoup assessments or losses of the South Carolina Reinsurance Facility. Upon collection by the SECTION 30. Section 56-10-650(B) of the 1976 Code is amended to read:
"(B) Verification in a manner prescribed by regulation from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of SECTION 31. Section 56-25-20 of the 1976 Code is amended to read:
"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the Department of Motor Vehicles that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than twelve months from the date on which the traffic citation or an official Department of Natural Resources summons for a littering violation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation or an official Department of Natural Resources summons for a littering violation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation, the department shall notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts." SECTION 32. Sections 56-9-460, 56-9-500, 56-9-505, 56-9-510, 56-9-520, 56-9-530, 56-9-540, 56-9-550, 56-9-560, 56-9-570, 56-9-580, 56-9-590, 56-9-600, 56-9-610, 56-9-620, 56-9-630, and 56-10-46 are repealed. SECTION 33. This act takes effect upon approval by the Governor.
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