S 114 Session 110 (1993-1994)
S 0114 General Bill, By Giese, Glover, Gregory, Lander, Leventis, Martin, Moore,
Passailaigue, Patterson, Rankin, Reese, L.E.Richter, M.T.Rose and Waldrep
Similar(H 3017) A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
38-73-737 so as to provide that automobile liability and collision insurance
rates are subject to a credit if an insured has passed an approved driver
training course. View full text
01/12/93 Senate Introduced and read first time SJ-57
01/12/93 Senate Referred to Committee on Banking and Insurance SJ-58
02/11/93 Senate Committee report: Favorable with amendment
Banking and Insurance SJ-18
02/18/93 Senate Amended SJ-15
02/18/93 Senate Read second time SJ-17
02/18/93 Senate Unanimous consent for third reading on next
legislative day SJ-17
02/19/93 Senate Read third time and sent to House SJ-1
02/23/93 House Introduced and read first time HJ-10
02/23/93 House Referred to Committee on Labor, Commerce and
Industry HJ-10
04/01/93 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2
04/06/93 House Debate adjourned until Wednesday, April 7, 1993 HJ-19
04/07/93 House Debate adjourned until Wednesday, April 14, 1993 HJ-24
04/14/93 House Debate adjourned until Thursday, April 15, 1993 HJ-80
04/15/93 House Amended HJ-11
04/15/93 House Read second time HJ-15
04/20/93 House Read third time and returned to Senate with
amendments HJ-12
04/21/93 Senate Non-concurrence in House amendment SJ-8
04/28/93 House House insists upon amendment and conference
committee appointed Reps. J. Bailey, Richardson
& J.R. Smith HJ-3
04/28/93 Senate Conference committee appointed Sens. Saleeby,
Giese, Jackson SJ-6
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 15, 1993
S. 114
Introduced by SENATORS Giese, Passailaigue, Leventis, Gregory, Lander,
Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and
Patterson
S. Printed 4/15/93--H.
Read the first time February 23, 1993.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT
AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE
SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED
DRIVER TRAINING COURSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-737. (A) Premium rates charged for liability
coverages and collision coverage under a private passenger automobile
insurance policy are subject to an appropriate driver training course credit
once satisfactory evidence is presented that an applicant for the credit, who
is not subject to the youthful operator approved driver training course
credit mandated by Regulation 69-13.2(C), has successfully completed an
approved driver training course. The amount of the credit may be
determined by each individual insurer based upon factually or statistically
supported data and is subject to prior approval by the commissioner. The
credit must be afforded to the operator for thirty-six months from the date
the approved driver training course was completed. The insurer may
require as a condition of providing and maintaining the credit, that the
insured for a three-year period after course completion not be involved in
an accident for which the insured is at fault. The credit must be afforded
by each insurer in a nondiscriminatory manner to all applicants, other than
those considered within Regulation 69-13.2(C).
(B) `An approved driver training course' for purposes of this section is
a driver training course which has been approved by the South Carolina
Department of Highways and Public Transportation and was conducted by:
(1) a recognized college or university;
(2) instructors certified by the South Carolina Department of
Highways and Public Transportation; or
(3) any other school approved and supervised by the South Carolina
Department of Highways and Public Transportation.
(4) The requirements of the course, in order to qualify for the
insurance credit, must include the following minimum criteria:
(a) eight hours of classroom instruction;
(b) teaching method must include group discussion, lecture, and
visual presentations;
(c) course materials must review age-related physical changes
affecting older drivers, provide a basic review of the rules-of-the-road (i.e.
rights of way, backing, entering and leaving interstate highways), and
include accident prevention measures; and
(d) a relevant test on the course material.
(C) For purposes of this section `satisfactory evidence' is a certificate,
signed by an official of the school or the South Carolina Department of
Highways and Public Transportation, which certifies that:
(1) the person achieved a passing grade on a relevant test on the
course material;
(2) the course was approved by and the instructors were certified by
the South Carolina Department of Highways and Public Transportation; and
(3) the school was approved and supervised by the South Carolina
Department of Highways and Public Transportation.
(D) Only the vehicle driven by drivers who have successfully completed
the driver training course qualifies for the insurance credit. In order for the
credit to apply, the certificate must be furnished by the named insured,
principal operator of the insured vehicle, and all occasional operators
named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Any other vehicle or vehicles, which may be operated by other
family members who have not completed the driver training course, do not
qualify for the insurance credit, until and unless the primary driver of any
additional vehicle has also successfully completed the driver training
course.
(E) Only driver training courses taken on a voluntary basis qualify for
the insurance credit. Driver training courses taken as a requirement of a
driving offense, such as ADSAP or driver training courses taken to reduce
the number of traffic violation points against a driver's license, do not
qualify for the insurance credit provided in this section."
SECTION 2. Section 38-73-470 of the 1976 Code is amended to read:
"Section 38-73-470. One dollar Three dollars
of the yearly premium for uninsured motorist coverage must be transferred
to the South Carolina Department of Highways and Public
Transportation Insurance, payable on a quarterly basis, to
provide funds for the costs of enforcing and administering the
provisions of Article 3, Chapter 10, title 56 Section 38-73-738."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-73-738. (A) Upon request, the department shall
issue to each first time driver's license applicant who is at least fifteen
years of age but less than seventeen years of age, one driver training
voucher. There must be one uniform voucher printed in triplicate on a form
determined by the department. The voucher must contain the following
information:
(1) holder's name and address;
(2) holder's birth date;
(3) holder's social security number;
(4) the date issued and expiration date;
(5) the signature of the holder;
(6) the name and address of the school district or driver training
school;
(7) the use date;
(8) the signature of the school official; and
(9) validation date by the department.
(B) The commissioner is authorized to promulgate regulations to
implement the provisions of (A).
(C) If sufficient funds are not collected to pay the costs of operating
the voucher system in any one year, the program may be temporarily
suspended until adequate funds have accumulated for administration of the
voucher system.
(D) `An approved driver training course' for purposes of this section is
a driver training course which has been approved by the South Carolina
Department of Education, the South Carolina Department of Highways and
Public Transportation, or any other responsible educational agency and was
conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of
Education, the South Carolina Department of Highways and Public
Transportation, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina
Department of Education, the South Carolina Department of Highways and
Public Transportation, or other responsible educational agency.
(4) The requirements of the course must include the following
minimum criteria:
(a) eight hours of classroom instruction for commercial driver
training school approved courses; thirty hours of classroom instruction for
a public or private secondary school course;
(b) six hours of actual on-street practice driving;
(c) instruction on the effects drugs and alcohol have on the
operation of motor vehicles and the consequences of drug or alcohol
impaired driving; and
(d) a relevant test on the course material.
(E) For purposes of this section `satisfactory evidence' is a certificate,
signed by an official of the school, the South Carolina Department of
Education, the South Carolina Department of Highways and Public
Transportation, or other responsible educational agency, which certifies
that:
(1) the person achieved a passing grade on a relevant test on the
course material;
(2) the course was approved by and the instructors were certified by
the South Carolina Department of Education, the South Carolina
Department of Highways and Public Transportation, or other responsible
educational agency; and
(3) for schools other than recognized secondary schools, colleges,
or universities, the school was approved and supervised by the South
Carolina Department of Education, the South Carolina Department of
Highways and Public Transportation, or other responsible educational
agency.
(F) Successful completion of a driver training course as provided in
this section entitles the person to the driver training credit provided in
Regulation 69-13.2(I)(B) for youthful operators.
(G) An applicant for a driver's license who is at least fifteen years of
age but less than seventeen years of age is required to successfully
complete a driver training course before obtaining a driver's license and to
provide certification of completion to the Department of Highways and
Public Transportation."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's
license to any person who is at least fifteen years of age but less than
seventeen years of age until the applicant has provided the department with
evidence of satisfactory completion of an approved driver training course
as provided in Section 38-73-738. To defray the cost of taking the course,
the applicant may request a driver training voucher from the Department of
Insurance as provided for in Section 38-73-738. The Department of
Highways and Public Transportation shall inform applicants for beginner's
permits and driver's licenses of the availability of the voucher.
(B) This requirement does not apply to a beginner's permit as provided
in Section 56-1-50; however, it must be complied with before the issuance
of a special restricted license as provided for in Section 56-1-180.
(C) The department, upon satisfactory proof that a minor who is at least
fifteen years of age but less than seventeen years of age has become a
resident of South Carolina and has a valid driver's license from his prior
state of residence but has not completed a driver training course, may grant
the minor a temporary driver's license under such terms as deemed
necessary by the department to allow the minor to operate a motor vehicle
of a specified type or class in this State in order to obtain the driver
training course necessary for a driver's license in South Carolina."
SECTION 5. Section 3 of this Act takes effect August 1, 1994. Section 4
of this Act takes effect October 1, 1994.
SECTION 6. Except as otherwise specifically provided herein, this act
takes effect October 1, 1993.
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