H*3572 Session 107 (1987-1988)
H*3572(Rat #0796, Act #0671 of 1988) General Bill, By Alexander,
M.O. Alexander, Bailey, Neilson and J.T. Petty
A Bill to amend Section 56-10-240, as amended, Code of Laws of South Carolina,
1976, relating to requirements on insurers and motor vehicle operators when a
motor vehicle is not insured as required by law, so as to increase the
reinstatement fee due when the registration of a motor vehicle is suspended
for failure to maintain insurance on the vehicle from twenty-five to one
hundred dollars, to require an insurer to give notice of failure to pay a
premium for automobile liability insurance to the Department of Highways and
Public Transportation within ten days of a period ending five working days
after the premium due date or expiration of any customary grace period, to
require the Department to provide to the vehicle owner written notice of the
cancellation or suspension of a vehicle's registration by certified mail,
return receipt requested, and to amend Section 38-73-455, as amended, relating
to automobile insurance rates, so as to to provide that owning or operating an
uninsured motor vehicle for thirty or more consecutive days during the twelve
months immediately preceding the effective date of the coverage disqualifies
the person from obtaining automobile liability insurance at the base
rate.-amended title
01/20/88 House Introduced and read first time HJ-430
01/20/88 House Referred to Committee on Labor, Commerce and
Industry HJ-431
02/17/88 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1216
02/23/88 House Amended HJ-1394
02/23/88 House Read second time HJ-1396
02/24/88 House Read third time and sent to Senate HJ-1431
02/25/88 Senate Introduced and read first time SJ-12
02/25/88 Senate Referred to Committee on Banking and Insurance SJ-1
05/03/88 Senate Committee report: Favorable with amendment
Banking and Insurance SJ-34
05/05/88 Senate Amended SJ-38
05/05/88 Senate Read second time SJ-39
05/05/88 Senate Ordered to third reading with notice of
amendments SJ-39
05/11/88 Senate Read third time SJ-21
05/11/88 Senate Returned SJ-21
05/26/88 House Non-concurrence in Senate amendment HJ-4143
05/31/88 Senate Senate insists upon amendment and conference
committee appointed Sens. Saleeby, Fielding,
Wilson SJ-7
05/31/88 House Conference committee appointed TC Alexander, JD
Bradley & Aydlette HJ-4446
06/02/88 House Free conference powers granted HJ-4739
06/02/88 House Free conference committee appointed TC Alexander,
JD Bradley & Aydlette HJ-4740
06/02/88 House Free conference report received HJ-4741
06/02/88 House Free conference report adopted HJ-4743
06/02/88 Senate Free conference powers granted SJ-81
06/02/88 Senate Free conference committee appointed Sens.
Saleeby, Wilson, Fielding SJ-81
06/02/88 Senate Free conference report received SJ-81
06/02/88 Senate Free conference report adopted SJ-81
06/02/88 House Ordered enrolled for ratification HJ-4755
06/20/88 Ratified R 796
06/27/88 Signed By Governor
06/27/88 Effective date 01/01/89
06/27/88 Act No. 671
06/27/88 See act for exception to or explanation of
effective date
08/01/88 Copies available
(A671, R796, H3572)
AN ACT TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A
MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE THE
REINSTATEMENT FEE DUE WHEN THE REGISTRATION OF A MOTOR VEHICLE IS SUSPENDED FOR
FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE FROM TWENTY-FIVE TO ONE HUNDRED
DOLLARS, TO REQUIRE AN INSURER TO GIVE NOTICE OF FAILURE TO PAY A PREMIUM FOR
AUTOMOBILE LIABILITY INSURANCE TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION WITHIN TEN DAYS OF A PERIOD ENDING FIVE WORKING DAYS AFTER THE
PREMIUM DUE DATE OR EXPIRATION OF ANY CUSTOMARY GRACE PERIOD, TO REQUIRE THE
DEPARTMENT TO PROVIDE TO THE VEHICLE OWNER WRITTEN NOTICE OF THE CANCELLATION OR
SUSPENSION OF A VEHICLE'S REGISTRATION BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, AND TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE
INSURANCE RATES, SO AS TO PROVIDE THAT OWNING OR OPERATING AN UNINSURED MOTOR
VEHICLE FOR THIRTY OR MORE CONSECUTIVE DAYS DURING THE TWELVE MONTHS IMMEDIATELY
PRECEDING THE EFFECTIVE DATE OF THE COVERAGE DISQUALIFIES THE PERSON FROM
OBTAINING AUTOMOBILE LIABILITY INSURANCE AT THE BASE RATE.
Be it enacted by the General Assembly of the State of South Carolina:
Uninsured motor vehicle
SECTION 1. Section 56-10-240 of the 1976 Code, as last amended by an act of 1988
bearing ratification number 603, is further amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a
motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner
immediately shall obtain insurance on the vehicle or within five days after the
effective date of cancellation or expiration of his liability insurance policy
surrender the motor vehicle license plates and registration certificates issued
for the motor vehicle. If five working days after the last day to pay an
automobile liability insurance premium, whether it is the premium due date or a
grace period that is customarily or contractually granted, a motor vehicle is an
uninsured motor vehicle, the insurer shall give written notice within ten days
after such five-day period ends, in addition to that notice previously given in
accordance with law, by delivery under United States Post Office Certificate of
Mailing to the department of the cancellation or refusal to renew. The department
may not thereafter reissue registration certificates and license plates for the
vehicle until satisfactory evidence has been filed by the owner that the vehicle
is insured. Upon receiving information to the effect that a policy is canceled
or otherwise terminated on any motor vehicle registered in South Carolina, then
the department shall suspend the license plates and registration certificate and
shall initiate action as required within fifteen days of the notice of
cancellation to pick up the license plates and registration certificate. Any
person who has had his license plates and registration certificate suspended by
the department, but who at the time of suspension does possess liability
insurance coverage sufficient to meet the financial responsibility requirements
as set forth in this chapter, has the right to immediately appeal the suspension
to the Chief Insurance Commissioner. If the Chief Insurance Commissioner
determines that the person has sufficient liability insurance coverage, the Chief
Insurance Commissioner shall notify the department and the suspension is voided
immediately. The department shall give
notice by certified mail, return receipt requested, of the cancellation or
suspension of registration privileges to the vehicle owner at his last known
address. However, when license plates are surrendered pursuant to this section,
they must be held at the department office in the county where the person who
surrenders the plates resides.
If the vehicle owner refuses to surrender the suspended items as required in
this article, the department through its designated agents or by request to any
county or municipal law enforcement agency may take possession of the suspended
license plates and registration certificate and may not thereafter reissue the
registration until proper proof of liability insurance coverage is provided and
until the owner has paid a reinstatement fee in the amount of one hundred
dollars.
Any person wilfully failing to return his motor vehicle license plates and
registration certificates as required in this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred dollars nor more
than two hundred dollars or imprisoned for thirty days and, upon conviction of
a second offense, be fined two hundred dollars or imprisoned for thirty days, or
both, and for a third and subsequent offenses 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."
Insurance rates
SECTION 2. Section 38-73-455(A)(7) of the 1976 Code is amended to read:
"(7) has for thirty or more consecutive days during the twelve months
immediately preceding the effective date of coverage, owned or operated the
automobile to be insured (or if newly acquired, the automobile it replaces)
without liability coverage in violation of the laws of this State; or".
Time effective
SECTION 3. Section 1 of this act takes effect January 1, 1989, and Section 2
takes effect July 1, 1988. |