S 539 Session 112 (1997-1998)
S 0539 General Bill, By Martin and Hayes
A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DRIVER'S LICENSES, BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE
GRADUATED LICENSING OF DRIVERS UNDER THE AGE OF EIGHTEEN; TO AMEND SECTION
56-1-50, AS AMENDED, RELATING TO DRIVER'S LICENSE REQUIREMENTS AND BEGINNER'S
PERMITS, SO AS TO, AMONG OTHER THINGS, RAISE THE AGE FOR APPLYING FOR A
BEGINNER'S PERMIT, RAISE THE MINIMUM AGE OF THE ACCOMPANYING DRIVER, INCREASE
THE FEE FOR A BEGINNER'S OR RENEWAL PERMIT, AND DELETE CERTAIN LANGUAGE; TO
AMEND SECTION 56-1-40, AS AMENDED, RELATING TO DRIVER'S LICENSES, PERSONS WHO
MAY NOT BE LICENSED OR HAVE THEIR LICENSE RENEWED, AND BEGINNER'S OR
INSTRUCTION PERMITS, SO AS TO DELETE THE PROVISION THAT PROHIBITS THE ISSUANCE
OF A MOTOR VEHICLE DRIVER'S LICENSE TO, OR THE RENEWAL OF THE LICENSE OF, A
PERSON WHO IS UNDER SIXTEEN YEARS OF AGE AND DELETE THE PROVISIONS AUTHORIZING
THE ISSUANCE OF A BEGINNER'S OR INSTRUCTION PERMIT AS PROVIDED IN SECTIONS
56-1-50 AND 56-1-60 TO A PERSON AT LEAST FIFTEEN YEARS OF AGE AND AUTHORIZING
THE ISSUANCE OF A SPECIAL RESTRICTED LICENSE TO A PERSON AT LEAST FIFTEEN AND
LESS THAN SIXTEEN YEARS OLD AS PROVIDED IN SECTION 56-1-180; TO AMEND SECTION
56-1-80, AS AMENDED, RELATING TO APPLICATION FOR DRIVER'S LICENSE OR PERMIT,
SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT EVERY PERSON UNDER
THE AGE OF EIGHTEEN YEARS WHO MAKES AN APPLICAT
03/13/97 Senate Introduced and read first time SJ-4
03/13/97 Senate Referred to Committee on Transportation SJ-4
A BILL
TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DRIVER'S
LICENSES, BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR
THE GRADUATED LICENSING OF DRIVERS UNDER THE
AGE OF EIGHTEEN; TO AMEND SECTION 56-1-50, AS
AMENDED, RELATING TO DRIVER'S LICENSE
REQUIREMENTS AND BEGINNER'S PERMITS, SO AS TO,
AMONG OTHER THINGS, RAISE THE AGE FOR APPLYING
FOR A BEGINNER'S PERMIT, RAISE THE MINIMUM AGE OF
THE ACCOMPANYING DRIVER, INCREASE THE FEE FOR A
BEGINNER'S OR RENEWAL PERMIT, AND DELETE CERTAIN
LANGUAGE; TO AMEND SECTION 56-1-40, AS AMENDED,
RELATING TO DRIVER'S LICENSES, PERSONS WHO MAY
NOT BE LICENSED OR HAVE THEIR LICENSE RENEWED,
AND BEGINNER'S OR INSTRUCTION PERMITS, SO AS TO
DELETE THE PROVISION THAT PROHIBITS THE ISSUANCE
OF A MOTOR VEHICLE DRIVER'S LICENSE TO, OR THE
RENEWAL OF THE LICENSE OF, A PERSON WHO IS UNDER
SIXTEEN YEARS OF AGE AND DELETE THE PROVISIONS
AUTHORIZING THE ISSUANCE OF A BEGINNER'S OR
INSTRUCTION PERMIT AS PROVIDED IN SECTIONS 56-1-50
AND 56-1-60 TO A PERSON AT LEAST FIFTEEN YEARS OF
AGE AND AUTHORIZING THE ISSUANCE OF A SPECIAL
RESTRICTED LICENSE TO A PERSON AT LEAST FIFTEEN
AND LESS THAN SIXTEEN YEARS OLD AS PROVIDED IN
SECTION 56-1-180; TO AMEND SECTION 56-1-80, AS
AMENDED, RELATING TO APPLICATION FOR DRIVER'S
LICENSE OR PERMIT, SO AS TO ADD PROVISIONS
PROVIDING, AMONG OTHER THINGS, THAT EVERY
PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO
MAKES AN APPLICATION FOR A DRIVER'S LICENSE
SHALL, IN ADDITION TO COMPLYING WITH SECTION
56-1-80(A), FURNISH WRITTEN PROOF OF SUCCESSFUL
COMPLETION OF A STATE-APPROVED DRIVER EDUCATION
COURSE; TO AMEND SECTION 38-73-470, AS AMENDED,
RELATING TO DISPOSITION OF THE UNINSURED
MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS,
INCREASE THE PORTION OF THIS PREMIUM THAT MUST
BE USED TO ADMINISTER CERTAIN PROVISIONS OF LAW
AND PROVIDE FOR THE TRANSFERENCE OF THIS PORTION
TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE
DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTION
38-73-738 SO AS TO PROVIDE THAT UPON REQUEST THE
DEPARTMENT OF INSURANCE SHALL ISSUE TO EACH
FIRST-TIME DRIVER'S LICENSE APPLICANT WHO IS AT
LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN
YEARS OF AGE A DRIVER TRAINING VOUCHER, PROVIDE
FOR THE ESTABLISHMENT OF AN APPROVED DRIVER
TRAINING COURSE, AND PROVIDE FOR RELATED
MATTERS; TO AMEND SECTION 56-5-2940, AS AMENDED,
RELATING TO THE PENALTIES FOR VIOLATING THE CODE
SECTION WHICH MAKES IT UNLAWFUL FOR NARCOTIC
USERS OR PERSONS UNDER THE INFLUENCE OF LIQUOR,
DRUGS, OR LIKE SUBSTANCES TO DRIVE A MOTOR
VEHICLE, SO AS TO INCREASE THE EXISTING PENALTIES
AND PROVIDE ADDITIONAL PENALTIES; TO AMEND
SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING
"GREAT BODILY INJURY" OR DEATH BY OPERATING A
MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
DRUGS OR ALCOHOL, SO AS TO INCREASE THE VARIOUS
PENALTIES PROVIDED IN THIS SECTION; TO AMEND
SECTION 56-5-2950, AS AMENDED, RELATING TO THE
IMPLIED CONSENT TO CERTAIN CHEMICAL TESTS TO
DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OF
THE OPERATOR OF A MOTOR VEHICLE, SO AS TO, AMONG
OTHER THINGS, MAKE THE IMPLIED CONSENT
APPLICABLE IF THE PERSON IS "APPREHENDED",
INCREASE THE PERIOD OF SUSPENSION OF A DRIVER'S
LICENSE IN THE EVENT OF A REFUSAL TO SUBMIT TO THE
VARIOUS TESTS, PROVIDE THAT IF THE PERSON HAS A
PRIOR LICENSE SUSPENSION FOR REFUSING TO SUBMIT
TO THE TESTS, HIS PRIVILEGE TO DRIVE MUST BE
SUSPENDED OR DENIED FOR AN EVEN LONGER PERIOD,
AND PROVIDE FOR CERTAIN "REBUTTABLE
PRESUMPTIONS", RATHER THAN "INFERENCES", WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF
AGE AND PERSONS WHO ARE TWENTY-ONE AND OLDER;
TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING
TO SUSPENSION OF THE DRIVER'S LICENSE OF A
CONVICTED PERSON AND THE PERIOD OF SUSPENSION, SO
AS TO, AMONG OTHER THINGS, DELETE CERTAIN
LANGUAGE, INCREASE VARIOUS PERIODS OF
SUSPENSION, PROVIDE FOR PERMANENT REVOCATION AT
AN EARLIER TIME, AND PROVIDE THAT APPLICANTS WHO
HAVE EITHER TWICE FAILED TO COMPLETE THE
ALCOHOL AND DRUG SAFETY ACTION PROGRAM OR
HAVE HAD THEIR LICENSE TO DRIVE PERMANENTLY
REVOKED MAY NOT HAVE THEIR DRIVING PRIVILEGES
RESTORED BY THE MEDICAL ADVISORY BOARD; TO
AMEND SECTION 56-1-225, AS AMENDED, RELATING TO
REEXAMINATION OF DRIVERS INVOLVED IN FOUR
ACCIDENTS IN A TWENTY-FOUR MONTH PERIOD, SO AS TO
CHANGE THE "FOUR ACCIDENTS" TO "TWO ACCIDENTS",
REQUIRE THE DRIVER TO TAKE A PORTION OR ALL OF
THE DRIVER'S LICENSE EXAMINATION RATHER THAN
LEAVE IT TO STATE AGENCY DISCRETION AND PROVIDE
THAT THE EXAMINATION SHALL INCLUDE A TEST OF
DRIVING SKILLS; TO AMEND SECTION 56-1-280, AS
AMENDED, RELATING TO MANDATORY SUSPENSION OR
REVOCATION OF A DRIVER'S LICENSE, SO AS TO PROVIDE
FOR REVOCATION OR SUSPENSION FOR NOT LESS THAN
THIRTY DAYS OF THE LICENSE OF A PERSON UPON
RECEIPT OF NOTICE OF THE CONVICTION OR ADMISSION
OF FAULT OF THE PERSON FOR THREE OR MORE VEHICLE
ACCIDENTS IN A TWENTY-FOUR MONTH PERIOD AND
REQUIRE THIS PERSON TO SUBMIT TO A NEW DRIVER'S
LICENSE EXAMINATION INCLUDING A DRIVING TEST,
WITHIN THIRTY DAYS AFTER HAVING BEEN NOTIFIED OF
THE REVOCATION OR SUSPENSION; TO AMEND SECTION
56-1-270, AS AMENDED, RELATING TO THE SUSPENSION,
REVOCATION, OR RESTRICTION OF A DRIVER'S LICENSE
ON REEXAMINATION, SO AS TO PROVIDE FOR TAKING THE
EXAMINATION REQUIRED IN SECTION 56-1-130; TO AMEND
SECTION 56-5-2910, AS AMENDED, RELATING TO RECKLESS
HOMICIDE, PENALTIES, AND REVOCATION OF A DRIVER'S
LICENSE, SO AS TO INCREASE THE PENALTIES; TO AMEND
SECTION 56-5-2920, RELATING TO RECKLESS DRIVING,
PENALTIES, AND SUSPENSION OF A DRIVER'S LICENSE, SO
AS TO MAKE THE SECTION ALSO APPLICABLE TO A
PERSON WHO DRIVES A VEHICLE TWENTY-FIVE MILES
PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT
AND INCREASE THE PENALTIES; TO AMEND SECTION
56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLES,
RESTRICTIONS ON SPEED, AND GENERAL RULES AS TO
MAXIMUM SPEED LIMITS, SO AS TO, AMONG OTHER
THINGS, PROVIDE FOR THE ASSIGNMENT OF DRIVER'S
LICENSE POINTS, CHANGE VARIOUS SPEED LIMITS FOR
PURPOSES OF THIS SECTION AND CREATE TWO
MISDEMEANOR OFFENSES; TO AMEND SECTION 56-1-460,
AS AMENDED, RELATING TO PENALTIES FOR DRIVING
WHILE A DRIVER'S LICENSE IS CANCELED, SUSPENDED,
OR REVOKED, SO AS TO INCREASE CERTAIN PENALTIES;
TO AMEND SECTION 56-10-220, AS AMENDED, RELATING
TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT
TO BE REGISTERED MUST BE INSURED AND PROOF OF
INSURANCE, SO AS TO, AMONG OTHER THINGS, DELETE
LANGUAGE APPERTAINING TO "CERTIFICATE" OF
INSURANCE AND REPLACE IT WITH THE REQUIREMENT
TO PROVIDE "RECEIPT OF PAYMENT" CONFIRMING THAT
THE VEHICLE IS INSURED, OR "RECEIPT OF PROOF" OF
INSURANCE; BY ADDING SECTION 56-10-225 SO AS TO
PROVIDE FOR THE ISSUANCE OF WINDOW DECALS
INDICATING THE DATE ON WHICH AN AUTOMOBILE
INSURANCE POLICY FOR THAT VEHICLE HAS BEEN FULLY
PAID AND PROVIDE FOR RELATED AND INCIDENTAL
MATTERS; TO AMEND SECTION 56-10-260, RELATING TO
FALSE CERTIFICATE OR FALSE EVIDENCE OF
AUTOMOBILE INSURANCE AND PENALTIES, SO AS TO
DELETE REFERENCE TO "MAKING A FALSE CERTIFICATE"
OF INSURANCE OR PRESENTING FALSE EVIDENCE OF THE
SAME AND REPLACING THAT WITH "FILING A FALSE
RECEIPT OF PROOF OF INSURANCE" AND CHANGE
CERTAIN PENALTIES; BY ADDING SECTION 56-10-275 SO AS
TO PROVIDE A PROCEDURE FOR THE IMPOUNDMENT OF A
MOTOR VEHICLE WHICH IS BELIEVED TO BE UNINSURED
AND PROVIDE FOR RELATED MATTERS; BY ADDING
SECTION 56-10-276 SO AS TO ESTABLISH A PROCEDURE
FOR CONDUCTING A HEARING ON THE ISSUE OF
IMPOUNDMENT OF MOTOR VEHICLES PURSUANT TO
SECTION 56-10-275 AND PROVIDE FOR RELATED MATTERS;
BY ADDING SECTION 38-77-116 SO AS TO REQUIRE THE
AUTHORIZED AGENTS FOR EVERY AUTOMOBILE INSURER
COVERED BY SECTION 38-77-110 TO CONDUCT A
COMPLETE VISUAL INSPECTION OF THE ACTUAL VEHICLE
TO BE INSURED BEFORE WRITING AN INSURANCE POLICY
ON THAT VEHICLE AND PROVIDE THAT THE INSURER
MAY ACCOUNT FOR A PREEXISTING PHYSICAL DAMAGE
TO A VEHICLE WHEN SETTLING CLAIMS FOR THAT
VEHICLE; TO AMEND SECTION 38-55-540, RELATING TO
THE "OMNIBUS INSURANCE FRAUD AND REPORTING
IMMUNITY ACT", CRIMINAL PENALTIES FOR MAKING
FALSE STATEMENT OR MISREPRESENTATION, AND
RESTITUTION TO VICTIMS, SO AS TO CHANGE ONE OF THE
MISDEMEANOR OFFENSES TO A FELONY OFFENSE AND
INCREASE PENALTIES; TO AMEND SECTION 38-55-550,
RELATING TO THE "OMNIBUS INSURANCE FRAUD AND
REPORTING IMMUNITY ACT" AND CIVIL PENALTIES, SO AS
TO ADD PROVISIONS FOR RESTITUTION TO THE VICTIM OR
VICTIMS OF THE INSURANCE FRAUD; TO AMEND SECTION
38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS
INSURANCE FRAUD AND REPORTING IMMUNITY ACT"
AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION
OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR
MISREPRESENTATIONS, SO AS TO ADD PROVISIONS THAT
A PERSON, INSURER, OR AUTHORIZED AGENCY THAT
FAILS TO COMPLY WITH THE DIVISION'S REQUEST FOR
INFORMATION RELATING TO A SUSPECTED FALSE
STATEMENT OR MISREPRESENTATION AS SET FORTH IN
SUBSECTION (B) OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND SUBJECT TO CERTAIN SPECIFIED
SANCTIONS; BY ADDING SECTION 38-77-370 SO AS TO
PROVIDE FOR ANTIFRAUD INVESTIGATIVE UNITS OR
DIVISIONS BY CERTAIN AUTOMOBILE INSURERS AND FOR
ANTIFRAUD PLANS BY CERTAIN OTHER INSURERS AND
PROVIDE FOR RELATED MATTERS; TO AMEND SECTION
38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER
THE AUTOMOBILE INSURANCE LAW, SO AS TO REDEFINE
"DAMAGES" AND PROVIDE A DEFINITION FOR "PUNITIVE
DAMAGES"; BY ADDING SECTION 38-77-325 SO AS TO
PROVIDE THAT IN EVERY PREMIUM NOTICE OR BILL FOR
PRIVATE PASSENGER AUTOMOBILE INSURANCE WHERE
THE INSURER HAS OPTED AGAINST INSURING THE
INSURED AGAINST PUNITIVE DAMAGES THE POLICY
SHALL CONTAIN A NOTICE INFORMING THE INSURED
THAT THE COVERAGE DOES NOT COVER ANY PUNITIVE
DAMAGES ASSESSED AGAINST HIM AND PROVIDE FOR
RELATED MATTERS; TO AMEND SECTION 38-77-110, AS
AMENDED, RELATING TO THE "MANDATE TO WRITE" AND
AUTOMOBILE INSURANCE COVERAGE, THE
REQUIREMENT UPON INSURERS TO INSURE, AND
EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS
REQUIRED TO INSURE AGAINST PUNITIVE DAMAGES
ASSESSED AGAINST AN INSURED FOR THE INSURED'S
GROSS NEGLIGENCE OR WANTON OR RECKLESS
MISCONDUCT IN OPERATING A MOTOR VEHICLE; BY
ADDING SECTION 38-77-327 SO AS TO PROVIDE THAT
UNDER THE AUTOMOBILE INSURANCE LAW IN AN ACTION
FOR MONETARY DAMAGES THE TOTAL AMOUNT
AWARDED FOR PUNITIVE DAMAGES AGAINST ALL
DEFENDANTS FOUND TO BE LIABLE MUST BE
DETERMINED BY THE TRIER OF FACT, THAT PUNITIVE
DAMAGES MAY BE AWARDED ONLY IF ACTUAL
DAMAGES ARE AWARDED, AND THAT IF NO AWARD OF
ACTUAL DAMAGES IS MADE, THE CLAIM FOR PUNITIVE
DAMAGES MUST BE DISMISSED; TO AMEND SECTION
15-33-135, RELATING TO CIVIL REMEDIES, VERDICTS,
PUNITIVE DAMAGES, AND BURDEN OF PROOF, SO AS TO
SET FORTH WHAT THE PLAINTIFF MUST ACTUALLY SHOW
ON THE PART OF THE DEFENDANT IN ORDER TO CARRY
THE BURDEN OF PROOF SUCCESSFULLY AND DEFINE
"CLEAR AND CONVINCING EVIDENCE"; BY ADDING
SECTION 38-77-185 SO AS TO PROVIDE THAT THE
PREVAILING PARTY IN A CIVIL ACTION RELATING TO THE
REJECTION OF INSURANCE CLAIMS OR REASONABLE
SETTLEMENT OFFERS BY AN AUTOMOBILE INSURER TO
PAY FOR BODILY INJURY AND PROPERTY DAMAGE
INCURRED BY AN INSURED PARTY AS THE RESULT OF AN
AUTOMOBILE ACCIDENT IS ENTITLED TO ATTORNEYS'
FEES WHICH MUST BE PAID BY THE NONPREVAILING
PARTY AND PROVIDE FOR RELATED MATTERS; TO AMEND
CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE
INSURANCE, BY ADDING ARTICLE 4 SO AS TO ENACT THE
"CONTINGENCY FEE FAIRNESS AND DISCLOSURE ACT"
AND PROVIDE FOR THE REGULATION OF ATTORNEY'S
FEES IN AUTOMOBILE ACCIDENT CASES AND PROVIDE
FOR RELATED AND OTHER MATTERS; TO CHANGE THE
TITLE OF ARTICLE 7 OF CHAPTER 77 OF TITLE 38 FROM
"ARBITRATION OF PROPERTY DAMAGE LIABILITY
CLAIMS" TO "ALTERNATIVE DISPUTE RESOLUTION OF
PROPERTY DAMAGE AND BODILY INJURY LIABILITY
CLAIMS" FOR PURPOSES OF THE AUTOMOBILE
INSURANCE LAW; TO AMEND SECTION 38-77-710,
RELATING TO APPOINTMENT OF ATTORNEYS AS
ARBITRATORS TO HEAR AND DETERMINE PROPERTY
DAMAGE LIABILITY CLAIMS IN MOTOR VEHICLE
ACCIDENT CASES, SO AS TO DELETE CERTAIN OBSOLETE
LANGUAGE AND PROVISIONS, REFERENCE THE SOUTH
CAROLINA RULES OF CIVIL PROCEDURE AND THE SOUTH
CAROLINA RULES OF EVIDENCE, PROVIDE FOR THE
ARBITRATION OF BODILY INJURY LIABILITY CLAIMS, AND
PROVIDE THAT ARBITRATION PROCEEDINGS MUST BE
ADMINISTERED PURSUANT TO AND ARE SUBJECT TO
PROCEDURES ESTABLISHED BY THE AMERICAN
ARBITRATION ASSOCIATION; TO AMEND SECTION
38-77-720, RELATING TO THE NUMBER, QUALIFICATIONS,
AND COMPENSATION OF ARBITRATORS OF MOTOR
VEHICLE ACCIDENT CLAIMS, SO AS TO INCREASE THE
MAXIMUM COMPENSATION OF EACH ARBITRATOR,
CHANGE THE MEANS AND MANNER OF PAYING THIS
COMPENSATION, AND CHANGE THE PROVISIONS
REGARDING PAYMENT OF THE REQUIRED FEE TO THE
CLERK OF COURT; TO AMEND SECTION 38-77-730,
RELATING TO REQUESTS FOR ARBITRATION OF MOTOR
VEHICLE ACCIDENT CLAIMS AND THE ARBITRATION
DOCKET, SO AS TO, AMONG OTHER THINGS, INCLUDE
COVERAGE OF BODILY INJURY LIABILITY CLAIMS,
PROVIDE FOR THE AMOUNT IN ARBITRATION, AND
CHANGE THE FEE FOR SERVICE OF THE CLAIM; TO AMEND
SECTION 38-77-740, RELATING TO ARBITRATION OF
CLAIMS ARISING FROM MOTOR VEHICLE ACCIDENTS,
HEARING, NOTICE TO PARTIES, DAMAGES TO BE
AWARDED, AND SECURING ATTENDANCE OF WITNESSES,
SO AS TO APPLY THE SECTION TO BODILY INJURY
CLAIMS, REQUIRE THAT AN ESTIMATE OF THE EXTENT
OF BODILY INJURY SIGNED BY THE TREATING PHYSICIAN
BE BROUGHT TO THE ARBITRATION HEARING, IF
APPLICABLE, AS WELL AS BILLS FOR MEDICAL EXPENSES
INCURRED OR EXPECTED TO BE INCURRED, ALSO IF
APPLICABLE, AND PROVIDE FOR THE METHOD, MANNER,
AND EXTENT OF AWARDING DAMAGES FOR BODILY
INJURY; AND TO AMEND SECTION 38-77-770, RELATING TO
THE RIGHT TO APPEAL DECISIONS IN ARBITRATION
HEARINGS OF CLAIMS ARISING FROM MOTOR VEHICLE
ACCIDENTS, SO AS TO PROVIDE THAT THE TRIAL ON
APPEAL MUST BE A TRIAL "ON THE RECORD" RATHER
THAN A TRIAL "DE NOVO", CHANGE THE PERIOD OF TIME
FOR SERVING THE NOTICE OF APPEAL, AND PROVIDE FOR
THE PAYMENT OF THE COSTS OF THE ARBITRATION
PROCEEDING.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by
adding:
"Article 8
Graduated Driver Licensing
Section 56-1-1410. This article is known and may be cited as the
'Graduated Driver Licensing Act'.
Section 56-1-1420. (A) Except as provided in this section, the
department may issue a driver's license to an individual under the age
of eighteen, provided the individual:
(1) is at least seventeen years of age;
(2) has satisfactorily completed a mandatory driver's education
course through a driver's training program; and
(3) has his application signed pursuant to the requirements of
Section 56-1-100.
(B) The Individual is exempt from required instruction if he has
been licensed to drive in another state for a period not less than six
months and the exemption is justified by actual driving experience.
(C) The department may issue a driver's license at any time to an
individual who has been licensed regularly to drive in this State, in
another state or country, or by the armed forces of the United States,
if the department is satisfied that the applicant's experience is
sufficient. The department may require examination of the
applicant's driving.
Section 56-1-1430. (A) The department may issue a learner's
instructional permit to an individual who:
(1) has reached the age of sixteen years; and
(2) has the application signed pursuant to the requirements of
Section 56-1-100.
(B) A learner's instructional permit expires one hundred eighty
days after the date of issuance.
(C) The holder of a learner's instructional permit may drive only
while he is accompanied by and under the immediate supervision of
an individual who:
(1) is at least twenty-one years old;
(2) has been licensed for at least four years in this State or in
another state; and
(3) unless the vehicle is a motorcycle, is seated beside the
holder of the learner's instructional permit.
(D) An individual who is at least sixteen years old may drive a
motor vehicle on highways in the State without obtaining a learner's
instructional permit if:
(1) the individual is enrolled in a approved driver's education
course or a licensed driver's school;
(2) the motor vehicle is equipped with a dual brake control and
any other required equipment; and
(3) while driving the motor vehicle, the driver is under the
control and supervision of either a certified instructor or a qualified
student instructor.
Section 56-1-1440. (A) Subject to the provisions of Section
56-1-1420(A), if an applicant for a driver's license is under the age
of eighteen and the holder of a learner's instructional permit, the
applicant is entitled to receive a provisional driver's license if the
applicant:
(1) has possessed a valid learner's instructional permit for at
least thirty days immediately before the date of the application;
(2) has passed the examination provided for in this chapter;
(3) has surrendered the learner's instructional permit issued to
him; and
(4) has paid the required fee of ten dollars.
(B) A provisional driver's license shall expire upon the licensee's
reaching the age of eighteen or upon the conversion of the
provisional driver's license to a regular driver's license.
(C) The applicant for a provisional driver's license must have his
application signed pursuant to the provisions set forth in Section
56-1-100. If, while the licensee is still less than eighteen years of
age, the department receives from the cosigner of the license
application of the licensee a written request that the licensee's license
be suspended, or if the cosigner dies, the department shall suspend
the license and may not reinstate the license until another qualified
adult cosigns pursuant to Section 56-1-100 or the licensee becomes
eighteen years of age.
(D) The provisional driver's license shall be distinguished from a
regular driver's license by a predominantly yellow color and
provisional symbol limiting the licensee to driving unsupervised
between the hours of 6:00 a.m. and 12:00 midnight. Between the
hours of 12:00 midnight and 6:00 a.m., the provisional driver may
drive only if he is accompanied by a licensed driver who is at least
twenty-one years of age. The restriction may be modified or waived
by the department if the restricted licensee proves to the department's
satisfaction that the restriction interferes or substantially interferes
with:
(1) employment or the opportunity for employment;
(2) travel between the licensee's home and place of employment
or school; or
(3) travel between the licensee's home or place of employment,
work, and vocational training.
Section 56-1-1450. If the applicant for a driver's license is under
the age of eighteen and is the holder of a provisional driver's license,
then the applicant is entitled to receive a driver's license if the
applicant:
(A) has possessed a valid provisional driver's license for the
twelve-month period immediately preceding the date of the
application for a driver's license; and
(B) has not be convicted of a traffic violation which was
committed during this period and for which points may be assessed
under this title, and has completed an approved minimum basic
training course.
Section 56-1-1460. (A) A driver under the age of twenty-one
holding a driver's license, provisional license, or a learner's
instructional permit is prohibited from driving or attempting to drive
a motor vehicle with any alcohol concentration as determined by an
analysis of the person's blood or breath.
(B) A driver under the age of twenty-one in violation of subsection
(A) is subject to the penalties in Section 56-5-2990."
SECTION 2. Section 56-1-50 of the 1976 Code, as last amended
by Section 121E, Part II, of Act 497 of 1994, is further amended to
read:
"Section 56-1-50. (A) A person who is at least
fifteen sixteen years of age may apply to the
department for a beginner's permit. After the applicant has passed
successfully all parts of the examination other than the driving test,
the department may issue to the applicant a beginner's permit which
entitles the applicant having the permit in his immediate possession
to drive a motor vehicle on the public highways for not more than
twelve months. While driving the permittee must be accompanied by
a licensed driver eighteen twenty-one years of age or
older who has had at least one year four years of
driving experience, and who is occupying a seat beside the driver,
except when the permittee is operating a motorcycle. A three-wheel
vehicle requires the accompanying driver to be directly behind the
driver on a saddle-type seat or beside the driver on a bench-type seat.
A beginner's permit may be renewed or a new permit issued for
additional periods of twelve months, but the department may refuse
to renew or issue a new permit where the examining officer has
reason to believe the applicant has not made a bona fide effort to pass
the required driver's road test or does not appear to the examining
officer to have the aptitude to pass the road test. The fee for every
beginner's or renewal permit is two five dollars
and fifty cents, and the permit must bear the full name, date
of birth, and residence address and a brief description and color
photograph of the permittee and a facsimile of the signature of the
permittee or a space upon which the permittee shall write his usual
signature with pen and ink immediately upon receipt of the permit.
No permit is valid until it has been so signed by the permittee.
(B) A student regularly enrolled in a high school of this
State which conducts a driver training course is not required to obtain
a beginner's permit to operate a motor vehicle while the student
is participating in the driver training course and when accompanied
by a qualified instructor of the driver training course if:
(1) the individual is enrolled in an approved driver's education
course;
(2) the motor vehicle is equipped with a dual brake control and
any other required equipment; and
(3) while driving the motor vehicle, the driver is under the
control and supervision of either a certified instructor or a qualified
student instructor.
Also exempted from the requirement of the beginner's permit are
persons enrolled in driver training courses conducted by driver
training schools licensed under Chapter 23 of this title. However,
these persons at all times must be accompanied by an instructor of the
school and only may drive only an automobile
that is:
(1) equipped with a dual brake control and any other required
equipment; and
(2) owned or leased by the school; and
(3) which is covered by liability and property
damage insurance in an amount not less than the minimum
required by law."
SECTION 3. Section 56-1-40 of the 1976 Code, as last amended
by act 459 of 1996, is further amended to read:
"Section 56-1-40. The department may not issue a motor vehicle
driver's license to or renew the driver's license of a person:
(1) who is under sixteen years of age. However, the
department may issue a beginner's or instruction permit as provided
in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen
years of age, and the department may issue a special restricted
driver's license to a person who is at least fifteen years of age and less
than sixteen years of age as provided in Section 56-1-180;
(2) whose driver's license or privilege to operate a motor
vehicle currently is suspended or revoked in this State or another
jurisdiction, except as otherwise provided for in this title;
(3)(2) who is an habitual user of alcohol or any
other drug to a degree which prevents him from safely operating a
motor vehicle;
(4)(3) who has a mental or physical condition
which prevents him from safely operating a motor vehicle;
(5)(4) who is required by this article to take an
examination, unless the person successfully has passed the
examination;
(6)(5) who is required under the laws of this State
to provide proof of financial responsibility and has not provided the
proof;
(7)(6) who is not a resident of South Carolina,
except for persons from other countries who are present in South
Carolina on a student visa or on a work visa or the dependents of the
student or worker who may be issued a license. However, the
granting of the license is not evidence of meeting the residency
requirements of Section 59-112-20;
(8)(7) who must not be issued a license as
otherwise provided by the laws of this State."
SECTION 4. Section 56-1-80 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-80. (A) Every application for a driver's
license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of
date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence
address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator
or chauffeur and, if so, when and by what state or country; and
(5) state whether a license or permit has been suspended or
revoked or whether an application has been refused and, if so, the
date of and reason for the suspension, revocation, or refusal.
(B) Every person under the age of eighteen years who makes
an application for a driver's license, in addition to complying with
Section 56-1-80(A), shall furnish written proof of successful
completion of a state-approved driver education course. 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 Public Safety shall inform
applicants for beginner's permits and driver's licenses of the
availability of this voucher. This requirement must be complied with
before the issuance of a special restricted license as provided for in
Section 56-1-180.
(C) The Department of Public Safety, upon satisfactory proof that
a minor who is at least sixteen years of age but less than eighteen
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 terms considered 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 earning a driver's license in South Carolina.
(D) Whenever an application is received from a person
previously licensed or permitted in another state, the Department of
Public Safety, may request a copy of the applicant's record from the
other state. When received, the record becomes a part of the driver's
record in this State with the same effect as though entered on the
operator's record in this State in the original instance. Every person
who obtains a driver's license or permit for the first time in South
Carolina and every person who renews his driver's license or permit
in South Carolina must be furnished a written request form for
completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the
department that neither he, nor a resident relative,
owns a motor vehicle subject to the provisions of this chapter,
must be completed and delivered to the department at the time the
license or permit is issued or renewed."
SECTION 5. Section 38-73-470 of the 1976 Code, as last amended
by Section 787 of Act 181 of 1993, is further 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 Public Safety
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 6. The 1976 Code is amended by adding:
"Section 38-73-738. (A) Upon request, the Department of
Insurance shall issue to each first-time driver's license applicant who
is at least sixteen years of age but less than eighteen 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) date issued and date of expiration;
(5) holder's signature;
(6) name and address of the school district or driver training
school;
(7) use date;
(8) signature of the appropriate school official; and
(9) validation date by the department.
(B) The Director of the Department of Insurance is authorized to
promulgate regulations to implement the provisions of subsection
(A), including setting the amount of the voucher under this section
for the driver education schools licensed by and operating in this
State.
(C) 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 Public Safety, or any other responsible educational agency and
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 Public Safety, or any
other responsible educational agency; or
(3) any other school approved and supervised by the South
Carolina Department of Education, the South Carolina Department
of Public Safety, or other responsible educational agency.
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) ten hours of actual on-street practice driving for
commercial driver trainees; six hours of actual on-street practice
driving for a public or private secondary school course;
(c) instruction on the effects drugs and alcohol have on the
operation of motor vehicles and the consequences of drug and
alcohol-impaired driving; and
(d) a relevant objective test on the course material.
(D) For purposes of this section 'satisfactory evidence' is a
certificate, signed by an appropriate official of the school, the South
Carolina Department of Education, the South Carolina Department
of Public Safety, or other responsible educational agency, which
certifies that:
(1) the person received a passing grade on the relevant objective
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 Public Safety, 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 Public Safety, or other responsible educational
agency.
(E) 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) for youthful operators.
(F) An applicant for a driver's license who is at least sixteen years
of age but less than eighteen years of age is required to complete
successfully a driver training course before obtaining a driver's
license and to provide certification of completion to the Department
of Public Safety.
(G) Notwithstanding any other provision of law, every driver
training school licensed by the State must provide for the value of the
voucher presented the required class as specified by the Department
of Insurance for driver education program purposes, and if an
applicant as described in subsection (A) of this section fails to
complete successfully the driver training course as described in this
section, the applicant is entitled, for purposes of the driver training
voucher, to one makeup of the driver training course at the cost of
fifty dollars to him."
SECTION 7. Section 56-5-2940 of the 1976 Code, as last amended
by Section 36S, Part II, of Act 497 of 1994, is further amended to
read:
"Section 56-5-2940. A person violating a provision of Section
56-5-2930, upon conviction, entry of a plea of guilty or of nolo
contendere or forfeiture of bail, must be punished in accordance with
the following:
(1) by a fine of two five hundred dollars or
imprisonment for not less than forty-eight hours nor more than thirty
days, for the first offense. However, in lieu of In addition
to the forty-eight hour minimum imprisonment the court
may must provide for forty-eight
forty hours of public service employment. The minimum
forty-eight hour imprisonment or and the forty-hour
public service employment must be served at a time when the person
is off from work and does not interfere with his regular employment
under terms and conditions as the court considers proper. However,
the court may not compel an offender to perform public service
employment in lieu of the minimum sentence.;
(2) by a fine of not less than two thousand dollars nor more than
five thousand dollars and imprisonment for not less than
forty-eight hours thirty days nor more than one year
for the second offense. However, the fine imposed by this item may
not be suspended in an amount less than one thousand dollars. In lieu
of service of imprisonment the court may require that the individual
complete an appropriate term of public service employment of not
less than ten thirty days upon terms and conditions
the court considers proper.;
(3) by a fine of not less than three thousand, five hundred dollars
nor more than six thousand dollars and imprisonment for not less
than sixty days six months nor more than three years,
for the third offense.;
(4) imprisonment for not less than one year two
years nor more than five years for a fourth offense or subsequent
offense.
No part of the minimum sentences provided in this section must be
suspended. The court may provide instead of service other sentences
provided in this section. For a third or subsequent offense or for a
violation of Section 56-5-2945 for great bodily injury the service of
the minimum sentence is mandatory. However, the judge may
provide for the sentence to be served upon terms and conditions as he
considers proper including, but not limited to, weekend service or
nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is
prohibited from suspending a monetary fine below that of the next
preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of
guilty or of nolo contendere or forfeiture of bail, for the violation of
any law or ordinance of this or any other state or any municipality of
this or any other state that prohibits any person from operating a
motor vehicle while under the influence of intoxicating liquor, drugs,
or narcotics shall constitute a prior offense for the purpose of any
prosecution for any subsequent violation hereof. Only those offenses
which occurred within a period of ten years including and
immediately preceding the date of the last offense shall constitute
prior offenses within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may
apply to the court to be allowed to perform his public service in his
county of residence if he has been sentenced to public service in a
county where he does not reside."
SECTION 8. Section 56-5-2945 of the 1976 Code, as last amended
by Section 252 of Act 184 of 1993, is further amended to read:
"Section 56-5-2945. (A) Any A person who,
while under the influence of alcohol, drugs, or the combination of
alcohol and drugs, drives a vehicle and when driving does any
an act forbidden by law or neglects any duty imposed by law
in the driving of the vehicle, which act or neglect proximately causes
great bodily injury or death to any a person other
than himself, is guilty of a felony and, upon
conviction, must be punished:
(1) by a mandatory fine of not less than five thousand dollars
nor more than ten thousand dollars and mandatory imprisonment for
not less than thirty days one year nor more than
fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars nor
more than twenty-five thousand dollars and mandatory imprisonment
for not less than one year five years nor more than
twenty-five thirty years when death results.
No part of the mandatory sentences required to be imposed by this
section may be suspended, and probation may not be granted for any
portion.
(B) As used in this section, 'great bodily injury' means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or impairment of
the function of any bodily member or organ.
The department shall suspend the driver's license of any person
who is convicted or who receives sentence upon a plea of guilty or
nolo contendere pursuant to this section for a period to include any
term of imprisonment plus three five years."
SECTION 9. Section 56-5-2950(a) of the 1976 Code, as last
amended by Section 36T, Part II, of Act 497 of 1994, is further
amended to read:
"(a) A person who operates a motor vehicle in this State is
considered to have given consent to chemical tests of his breath,
blood, or urine for the purpose of determining the presence of alcohol
or drugs if apprehended or arrested for an offense arising out
of acts alleged to have been committed while the person was
operating a motor vehicle while under the influence of alcohol, drugs,
or a combination of them. A test must be administered at the
direction of a law enforcement officer who has apprehended a person
for operating a motor vehicle in this State while under the influence
of alcohol, drugs, or a combination of them. At the direction of the
arresting officer, the person first must be offered a breath
test to determine the alcohol concentration of his blood. If the
person is physically unable to provide an acceptable breath sample
because he has an injured mouth, is unconscious, dead, or for another
reason considered acceptable by the licensed medical personnel, a
blood sample may be taken. If the officer has reasonable grounds to
believe that the person is under the influence of drugs other than
alcohol, the officer may order that a urine sample be taken for testing.
If the breathalyzer reading is ten one-hundredths of one percent by
weight of alcohol in the person's blood or above, the officer may not
require additional tests of the person as provided in this chapter. The
breath test must be administered by a person trained and certified by
SLED, using methods approved by SLED. The arresting officer may
not administer the tests. Blood and urine samples must be taken by
physicians licensed by the State Board of Medical Examiners,
registered nurses licensed by the State Board of Nursing, and other
medical personnel trained to take the samples in a licensed medical
facility. Blood samples or urine samples must be obtained and
handled in accordance with procedures approved by SLED. No tests
may be administered or samples taken unless the person has been
informed that he does not have to take the test or give the samples but
that his privilege to drive must be suspended or denied for
ninety one hundred-eighty days if he refuses to
submit to the tests. If the person has a prior suspension for
refusing to submit to the tests, his privilege to drive must be
suspended or denied for one year. A hospital, physician,
qualified technician, chemist, or registered nurse who takes the
samples or conducts the test or participates in the process of taking
the samples or conducting the test in accordance with this section is
not subject to a cause of action for assault, battery, or another cause
contending that the drawing of blood or taking samples at the request
of the arrested person or a law enforcement officer was wrongful.
This release from liability does not reduce the standard of medical
care required of the person taking the samples or conducting the test.
This qualified release also applies to the employer of the person who
conducts the test or takes the samples.
The person tested or giving samples for testing may have a qualified
person of his own choosing conduct additional tests at his expense
and must be notified of that right. A person's failure to request
additional blood or urine tests is not admissible against the person in
the criminal trial. The failure or inability of the person tested to
obtain additional tests does not preclude the admission of evidence
relating to the tests or samples taken at the direction of the law
enforcement officer.
The arresting officer shall provide reasonable assistance to the
person to contact a qualified person to conduct additional tests.
SLED shall administer the provisions of this subsection and may
make regulations necessary to carry out its provisions. The costs of
the tests administered at the direction of the law enforcement officer
must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or
assists in obtaining samples or administration of tests at the direction
of a law enforcement officer is released from civil and criminal
liability unless the obtaining of samples or the administering
of tests, or the assistance rendered in obtaining the samples
or administration of tests, is performed in a negligent manner.
No person may be required by the arresting officer, or by another law
enforcement officer, to obtain or take any sample of blood or urine."
SECTION 10. Section 56-5-2950(b) of the 1976 Code is amended
to read:
"(b) In any a criminal prosecution for the violation
of Section 56-5-2930 or 56-5-2945 relating to operating a vehicle
under the influence of alcohol, drugs, or a combination of them, the
amount of alcohol in the person's blood at the time of the alleged
violation, as shown by chemical analysis of the person's breath or
other body fluids, gives rise to the following inferences
rebuttable presumptions:
(1)(a) If there was at that time two one-hundredths of one
percent or more by weight of alcohol in the blood of a person under
the age of twenty-one, it is conclusively presumed that the person
was under the influence of alcohol at the time of the alleged offense.
(b) If there was at that time five two
one-hundredths of one percent or less by weight of alcohol in the
person's blood of a person aged twenty-one or older,
it is conclusively presumed that the person was not under the
influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of
one percent but less than ten one-hundredths of one percent by
weight of alcohol in the person's blood of a person aged
twenty-one or older, that fact does not give rise to any inference
that the person was or was not under the influence of alcohol, but that
fact may be considered with other competent evidence in determining
the guilt or innocence of the person.
(3) If there was at that time ten one-hundredths of one percent
or more by weight of alcohol in the person's blood, it may
shall be inferred presumed that the person
was under the influence of alcohol.
The provisions of this section must not be construed as limiting the
introduction of any other competent evidence bearing upon the
question whether or not the person was under the influence of
alcohol, drugs, or a combination of them."
SECTION 11. Section 56-5-2950(d) of the 1976 Code, as last
amended by Section 1420 of Act 181 of 1993, is further amended to
read:
"(d) If a person under arrest refuses, upon the request of a law
enforcement officer, to submit to chemical tests as provided in
subsection (a) of this section, none may be given, but the department,
on the basis of a report of the law enforcement officer that the
arrested person was operating a motor vehicle in this State while
under the influence of alcohol, drugs, or a combination of them and
that the person had refused to submit to the tests, shall
suspend his license or permit to drive, or any nonresident operating
privilege, for a period of ninety one
hundred-eighty days. If the person has a prior suspension
for refusing to submit to the tests, his privilege to drive must be
suspended or denied for one year. If the person is a resident
without a license or permit to operate a motor vehicle in this State,
the department shall deny to the person the issuance of a license or
permit for a period of ninety either one
hundred-eighty days or one year after the date of the
alleged violation, as applicable. The ninety-day
one hundred-eighty day or one year period of suspension
begins with the day after the date of the notice required to be given,
unless a hearing is requested as provided, in which case the
ninety-day one hundred-eighty day or one year
period begins with the day after the date of the order sustaining the
suspension or denial of issuance. The report of the arresting officer
must include what grounds he had for believing that the arrested
person had been operating a motor vehicle in this State while under
the influence of alcohol, drugs, or a combination of them. If the
arrested person took the chemical breath test but refused to provide
a blood or urine sample, the report of the arresting
officer officer's report must include what were his
grounds for believing that the arrested person was under the influence
of drugs other than alcohol. If a person who refuses, upon the request
of a law enforcement officer, to submit to chemical tests as provided
in subsection (a) of this section, pleads guilty or nolo
contendere to, or forfeits bond for, a first offense violation
of Section 56-5-2930, within thirty days of arrest, the period of the
suspension of driving privileges under this section must be canceled
and any suspension of driving privileges under Section 56-5-2990 for
a first conviction may not exceed six months one
year."
SECTION 12. Section 56-5-2990 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-5-2990. The department shall suspend the driver's
license of any person who is convicted, receives sentence upon a plea
of guilty or of nolo contendere, or forfeits bail posted for the
violation of Section 56-5-2930 or for the violation of any other law
or ordinance of this State or of any municipality of this State that
prohibits any person from operating a motor vehicle while under the
influence of intoxicating liquor, alcohol, drugs, or narcotics
for six months one year for the first conviction, plea
of guilty or of nolo contendere, or forfeiture of bail, one year
and for three years for the second conviction, plea of guilty
or of nolo contendere, or forfeiture of bail, two years for the third
offense, three years for the fourth offense, and a permanent
revocation of permanently revoke the driver's license for
fifth third and subsequent offenses
convictions, pleas of guilty or of nolo contendere, or forfeitures
of bail. Only those violations which occurred within ten years
including and immediately preceding the date of the last violation
shall constitute prior violations within the meaning of this section.
Any person whose license is revoked following conviction for a
fifth third offense as provided in this section is
forever barred from being issued any license by the department or
subsequent issuing authority to operate a motor vehicle.
Any A person whose license is suspended under
the provisions of this section must be notified of suspension by the
department of the requirement to be evaluated by and successfully
complete an Alcohol and Drug Safety Action Program certified by
the Department of Alcohol and Other Drug Abuse Services prior to
reinstatement of the license. An assessment of the degree and kind
of alcohol and drug abuse problem, if any, of the applicant must be
prepared and a plan of education or treatment, or both, must be
developed based upon the assessment. Entry into and successful
completion of the services, if such services are necessary,
recommended in the plan of education or treatment, or both,
developed for the applicant is a mandatory requirement of the
restoration of driving privileges to the applicant. The applicant shall
bear the cost of the services to be determined by the administering
agency and approved by the Department of Alcohol and Other Drug
Abuse Services. The cost may not exceed seventy-five dollars for
assessment, one hundred twenty-five dollars for education services,
two hundred twenty-five dollars for treatment services, and three
hundred dollars in total for any and all services. No applicant may be
denied services due to an inability to pay. The applicant shall be
terminated from the Alcohol and Drug Safety Action Program no
later than six months after the date of program enrollment. If the
applicant has not successfully completed the services as directed by
the Alcohol and Drug Safety Action Program by the end of the
six-month period of enrollment, a hearing must be provided by the
administering agency and, if further needed, by the
Department of Alcohol and Other Drug Abuse Services. If the
applicant is unsuccessful in the Alcohol and Drug Safety Action
Program, the department may restore the privilege to operate a motor
vehicle upon the recommendation of the Medical Advisory Board as
utilized by the department if it determines public safety and welfare
of the petitioner may not be endangered. Applicants who have
either twice failed to complete the Alcohol and Drug Safety Action
Program or have had their license to drive permanently revoked may
not have their driving privileges restored by the Medical Advisory
Board.
The department and the Department of Alcohol and Other Drug
Abuse Services shall develop procedures necessary for the
communication of information pertaining to relicensing or otherwise.
Such These procedures must be consistent with the
confidentiality laws of the State and the United States. Successful
completion of education, treatment services, or both, for purposes of
receiving a provisional driver's license as stipulated in Section
56-1-1330 may be substituted in lieu of services received under the
authority of this section at the discretion of the applicant. If the
driver's license of any person is suspended by authority of this
section, no Insurance company may refuse to issue Insurance to cover
the remaining members of his family, but the Insurance company is
not liable for any actions of the person whose license has been
suspended or who has voluntarily turned his license in to the
department."
SECTION 13. Section 56-1-225 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-225. Any A person licensed to
drive a motor vehicle in this State who is involved as a driver in
four two accidents in any twenty-four month period,
which are reported to the director, may, in the discretion of the
department, be is required to take any portion, or
all, of the driver's license examination, including a test of
driving skills deemed appropriate. Any
A person who has had four two such
accidents and fails to submit to such the test within
thirty days after having been notified by the department shall have his
driver's license suspended until he takes and passes such
the test."
SECTION 14. Section 56-1-270 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-270. The department having good cause to believe
that a person holding a South Carolina driver's license is incompetent
or otherwise not qualified to be licensed because of physical or
mental disability may, upon written notice of at least ten days to the
licensee, require him to submit to an examination, including the
examination required in Section 56-1-130. Upon the conclusion
of such the examination, or examinations,
the department shall take action as may be appropriate and may
suspend or revoke the license of such the person or
permit him to retain such the license or may issue a
license subject to restrictions permitted under Section 56-1-170. The
license of any person may be suspended or revoked if they
refuse he refuses or neglect neglects to
submit to such an the examination, or
examinations."
SECTION 15. Section 56-1-280 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-280. The department shall revoke or suspend the
license of any driver upon receiving a record of such driver's
conviction of any offense for which revocation or suspension is
required by law.
The department shall revoke the driver's license of any person upon
receiving notice of the conviction of such person for:
(1) manslaughter resulting from the operation of a motor vehicle;
or
(2) any felony under the laws of this State in the commission of
which a motor vehicle is used.
The department shall revoke or suspend for not less than thirty
days the driver's license of a person upon receiving notice of the
conviction or admission of fault of the person for three or more
vehicle accidents in any twenty-four month period. A person who
has had three or more such accidents shall submit to a new driver's
license examination including a driving test within thirty days after
having been notified of the revocation or suspension by the
department."
SECTION 16. Section 56-5-2910 of the 1976 Code, as last amended
by Act 509 of 1994, is further amended to read:
"Section 56-5-2910. When the death of a person ensues within one
year as a proximate result of injury received by the driving of a
vehicle in reckless disregard of the safety of others, the person
operating the vehicle is guilty of reckless homicide. A person who
is convicted of, pleads guilty to, or pleads nolo contendere to reckless
homicide is guilty of a felony and must be fined not less than
one ten thousand dollars nor more than five
twenty-five thousand dollars or imprisoned not less than
one year nor more than ten years, or both. The department shall
revoke for five years the driver's license of a person convicted of
reckless homicide."
SECTION 17. Section 56-5-2920 of the 1976 Code is amended to
read:
"Section 56-5-2920. Any A person who drives
any a vehicle twenty-five miles per hour or more
above the posted speed limit or in such a manner as to indicate
either a wilful or wanton disregard for the safety of persons or
property is guilty of reckless driving. The department, upon receiving
satisfactory evidence of the conviction, of the entry of a plea of guilty
or the forfeiture of bail of any person charged with a second and
subsequent offense for the violation of this section shall forthwith
suspend the driver's license of any such person for a period of three
months. Only those offenses which occurred within a period of five
years including and immediately preceding the date of the last
offense shall constitute prior offenses within the meaning of this
section. Any person violating the provisions of this section shall,
upon conviction, entry of a plea of guilty or forfeiture of bail, be
punished by a fine of not less than twenty-five one
hundred dollars nor more than two five hundred
dollars or by imprisonment for not more than thirty days."
SECTION 18. Section 56-5-1520(d) of the 1976 Code, as last
amended by Act 497 of 1994, is amended to read:
"(d) Any (1) A person violating the speed limits
established by this section is guilty of a misdemeanor and, upon
conviction for a first offense, must have driver's license points
assigned and be fined or imprisoned as follows:
(1)(i) In excess of the above posted limit but
not in excess of ten miles an hour by a fine of not less than fifteen
dollars nor more than twenty-five dollars;. Two points
must be added to the driver's license for this violation.
(2)(ii) In excess of ten miles an hour but less
than fifteen miles an hour above the posted limit by a fine of not less
than twenty-five dollars nor more than fifty dollars;.
Three points must be added to the driver's license for this
violation.
(3)(iii) In excess of fifteen miles an hour but
less than twenty-five twenty miles an hour above the
posted limit by a fine of not less than fifty dollars nor more than
seventy-five dollars; and. Four points must be added to
the driver's license for this violation.
(4)(iv) In excess of twenty-five
twenty miles an hour but less than twenty-five miles an
hour above the posted limit by a fine of not less than
seventy-five dollars nor more than two hundred dollars or imprisoned
for not more than thirty days.
(2) A person convicted twice within three years for
violating the speed limits established by this subsection is guilty of
a misdemeanor and, upon conviction for the second offense, is
subject to the same points and penalties as for the first offense.
(3) A person convicted three times within three years for
violating the speed limits established by this subsection is guilty of
a misdemeanor and, upon conviction for the third offense, is subject
to the same points and penalties as for the first and second offenses
and must also be penalized by a thirty-day suspension of his driver's
license."
SECTION 19. Section 56-1-460 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-1-460. A person who drives a motor vehicle on
any a public highway of this State when his license
to drive is canceled, suspended, or revoked must, upon
conviction, must be fined two five hundred
dollars or imprisoned for thirty days for the first violation, for the
second violation fined five hundred one thousand
dollars and imprisoned for sixty ninety consecutive
days, and for the third and subsequent violation imprisoned for not
less than ninety one hundred-eighty consecutive days
nor more than six months one year, no portion of
which may be suspended by the trial judge. The department upon
receiving a record of the conviction of any person under this section
upon a charge of driving a vehicle while his license was suspended
for a definite period of time shall extend the period of the suspension
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 license of the person 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 six
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,
then the additional period of suspension pursuant to this section is
thirty days and the person does not have to offer proof of financial
responsibility as required under Section 56-9-500 prior to his license
being reinstated. If the conviction was upon a charge of driving
while a license was revoked, the department shall not issue a new
license for an additional period of one year from the date the person
could otherwise have applied for a new license. Only those
violations which occurred within a period of five years including and
immediately preceding the date of the last violation constitute prior
violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the
provisions of Section 56-5-2990, then he must be punished as follows
and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more
than thirty days;
(2) for a second offense, imprisoned for not less than sixty days
nor more than six months;
(3) for a third and subsequent offense, not less than six months nor
more than three years."
SECTION 20. Section 56-10-220 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 56-10-220. Every person applying for registration for a
motor vehicle shall at the time of such the
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 his certificate
receipt of payment confirming that such the
motor vehicle is an insured motor vehicle, and that he will
maintain Insurance thereon on the vehicle during the
registration period. The certificate receipt must be
in the form prescribed by the department. The department
may shall require any a registered
owner or any an applicant for registration and
licensing of a motor vehicle declared to be an insured motor vehicle
to submit a certificate receipt of proof of Insurance
executed by an authorized agent or representative of an Insurance
company authorized to do business in this State. Such
certificate must The receipt of proof of Insurance
also must be in a form prescribed by the department."
SECTION 21. The 1976 Code is amended by adding:
"Section 56-10-225. (A) The department shall issue to every
person complying with the requirements of Section 56-10-220 a
window decal that indicates the date on which the Insurance policy
for that vehicle has been fully paid.
(B) The decal must be affixed to the base of the driver's side of the
vehicle windshield.
(C) Updated expiration date decals must be issued by the
department to owners of registered vehicles upon the department's
receipt of proof of payment for Insurance."
SECTION 22. Section 56-10-260 of the 1976 Code is amended to
read:
"Section 56-10-260. Any A person knowingly
making a false certificate filing a false receipt of proof of
Insurance as to whether a motor vehicle is an insured motor
vehicle or presenting to the department false evidence that any motor
vehicle sought to be registered is insured is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred
two hundred fifty dollars nor more than two hundred
dollars or imprisoned for thirty days and, upon conviction of a
second offense, be fined two five 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. The department shall deny, for a period of six months,
registration of any motor vehicle for which a false certificate or
false evidence is presented false receipt of proof of Insurance
is filed that the vehicle is insured and shall revoke, and may not
thereafter reissue for a period of six months, the driver's license of
any a person making a false certificate or offering
false evidence filing a false receipt of proof of
Insurance, and then only when all other provisions of law have
been complied with by that person."
SECTION 23. The 1976 Code is amended by adding:
"Section 56-10-275. (A) A law enforcement officer who
reasonably believes that a person is driving an uninsured vehicle in
violation of Section 56-10-270, without prior notice, may order the
vehicle impounded until a person with the right to possession of the
vehicle complies with the conditions for release or the vehicle is
ordered released by a hearing officer.
(B) Notice that the vehicle has been impounded must be given to
the same parties in the same manner and within the same time limits
as provided in Section 56-10-276 for notice after removal of a
vehicle.
(C) A vehicle impounded under subsection (A) of this section must
be released to a person entitled to lawful possession upon proof of
compliance with financial responsibility or Insurance requirements
for the vehicle, payment to the law endorsement agency of a fee of
twenty-five dollars, and payment of any towing and storage charges.
Proof of compliance must be presented to the impounding law
enforcement agency, which shall authorize the person storing the
vehicle to release it upon payment of the charges.
(D) Nothing in this section or Section 56-10-276 limits the
authority of either a municipality or a county to adopt ordinances
dealing with impounding of uninsured vehicles or the contents of the
ordinances."
SECTION 24. The 1976 Code is amended by adding:
"Section 56-10-276. (A) A person entitled to lawful possession of
a vehicle impounded under Section 56-10-275 may request a hearing
to contest the validity of the impoundment. A request must be made
within five calendar days of the impoundment. The request must be
made to a person designated by the impounding law enforcement
agency to receive the requests.
(B) When a timely request for a hearing is made, a hearing must be
held before a hearing officer designated by the impounding law
enforcement agency. The hearing must be set for four calendar days
after the request is received, excluding Saturdays, Sundays, and
holidays, but may be postponed at the request of the person asking
for the hearing.
(C) The impounding law enforcement agency has the burden of
proving by a preponderance of the evidence that there were
reasonable grounds to believe that the vehicle was being operated in
violation of Sections 56-10-20 or 56-10-220. The law enforcement
officer who ordered the vehicle impounded may submit an affidavit
to the hearing officer in lieu of making a personal appearance at the
hearing.
(D) If the hearing officer finds that the impoundment of the vehicle
was proper, he shall enter an order supporting the removal and find
that the owner or person entitled to possession of the vehicle is liable
for usual and customary towing and storage costs. The hearing
officer also may find the owner or the person entitled to possession
of the vehicle liable for the costs of the hearing.
(E) If the hearing officer finds that impoundment of the vehicle
was improper, he shall order the vehicle released to the person
entitled to possession and shall enter a finding that the owner or
person entitled to possession of the vehicle is not liable for any
towing or storage costs resulting from the impoundment. If there is
a lien on the vehicle for towing and storage charges, the hearing
officer shall order it paid by the impounding law enforcement
agency.
(F) A law enforcement agency may contract with another agency
or entity to conduct hearings under this section."
SECTION 25. The 1976 Code is amended by adding:
"Section 38-77-116. The authorized agents for every insurer
covered by the provisions of Section 38-77-110 shall conduct a
complete visual inspection of the actual vehicle to be insured before
writing an Insurance policy on that vehicle. The insurer may account
for any preexisting physical damage to a vehicle when settling claims
for that vehicle."
SECTION 26. Section 38-55-540 of the 1976 Code, as added by
Section 31A, Part II, of Act 497 of 1994, is amended to read:
"Section 38-55-540. Any A person or insurer who
makes a false statement or misrepresentation, and any other person
knowingly, with an intent to injure, defraud, or deceive, who assists,
abets, solicits, or conspires with such person or insurer to make a
false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the
economic advantage benefit received is less than one thousand
dollars. Upon conviction, the person must be punished by a fine not
to exceed five hundred one thousand dollars or by
imprisonment not to exceed thirty ninety days;
(2) misdemeanor felony, for a first offense
violation, if the amount of the economic advantage benefit received
is one thousand dollars or more. Upon conviction, the person must
be punished by a fine not to exceed fifty thousand dollars or by
imprisonment for a term not less than three years and not to
exceed three five years, or by both such fine and
imprisonment;
(3) felony, for a second or subsequent violation, regardless of the
amount of the economic advantage benefit received. Upon
conviction, the person must be punished by a fine not to exceed
fifty one hundred thousand dollars or by
imprisonment for a term not to exceed ten years, or by both such fine
and imprisonment.
Any A person or insurer convicted under this
section must be ordered to make full restitution to the victim or
victims for any economic advantage or benefit which has been
obtained by the person or insurer as a result of that violation."
SECTION 27. Section 38-55-550 of the 1976 Code, as added by
Section 31A, Part II, of Act 497 of 1994, is amended by adding:
"(E) In addition to payment of civil penalties, a person or
insurer found guilty of violating any provision of this article must be
ordered to make full restitution to the victim or victims for any
economic advantage or benefit which has been obtained by the
person or insurer as a result of that violation."
SECTION 28. Section 38-55-570 of the 1976 Code, as amended by
Acts 278 and 459 of 1996, is further amended by adding:
"(E) A person, insurer, or authorized agency that fails to comply
with the Insurance Fraud Division's request for information relating
to a suspected false statement or misrepresentation as set forth in
subsection (B) of this section is guilty of a misdemeanor and subject
to the following sanctions:
(1) for a first offense, a fine not to exceed five hundred dollars
or imprisonment for a term not to exceed thirty days, or both;
(2) for a second offense, a fine not less than one thousand
dollars but not to exceed five thousand dollars or imprisonment for
a term not to exceed ninety days, or both;
(3) for a third and subsequent offense, a fine not less than five
thousand dollars but not to exceed ten thousand dollars or
imprisonment for a term not to exceed one year, or both."
SECTION 29. The 1976 Code is amended by adding:
"Section 38-77-370. (A) Every automobile insurer admitted to do
business in this State who in the previous calendar year, at any time
during that year, had ten million dollars or more in direct premiums
written shall:
(1) establish and maintain a unit or division within the company
to investigate possible fraudulent claims by insureds or by persons
making claims for services or repairs against policies held by
insureds; or
(2) contract with others to investigate possible fraudulent claims
for services or repairs against policies held by insureds. An
automobile insurer subject to this subsection shall file with the
Department of Insurance on or before June thirtieth of each year a
detailed description of the unit or division established pursuant to
item (1) of this subsection or a copy of the contract and related
documents required by item (2).
(B) Every automobile insurer admitted to do business in this State,
which in the previous calendar year had less than ten million dollars
in direct premiums written, must adopt an antifraud plan and file it
with the Department of Insurance on or before June thirtieth of each
year. An insurer may, in lieu of adopting and filing an antifraud plan,
comply with the provisions of subsection (A).
(C) Each automobile insurer's antifraud plan shall include:
(1) a description of the insurer's procedures for detecting and
investigating possible fraudulent acts;
(2) a description of the insurer's procedures for the mandatory
reporting of possible fraudulent Insurance acts to the Department of
Insurance;
(3) a description of the insurer's plan for antifraud education
and training of its claims adjusters or other personnel;
(4) a written description or chart outlining the organizational
arrangement of the insurer's antifraud personnel who are responsible
for the investigation and reporting of possible fraudulent acts;
(5) membership in the National Insurance Crime Bureau.
(D) An automobile insurer who satisfies the requirements to
transact Insurance business in this State after July 1, 1998 has twelve
months in which to comply with the requirements of this section.
(E) For purposes of this section, the term 'unit or division' includes
the assignment of fraud investigation to employees whose principal
responsibilities are the investigation and disposition of claims. If an
automobile insurer creates a distinct unit or division, hires additional
employees, or contracts with another entity to fulfill the requirements
of this section, the additional cost incurred must be included as an
administrative expense for rate-making purposes. Any losses
prevented or income realized as the result of having a distinct
antifraud unit or division must also be included as income for
rate-making purposes."
SECTION 30. Section 38-77-30(4) of the 1976 Code is amended to
read:
"(4) 'Damages' includes both only actual
compensatory and punitive damages, and not
punitive damages."
SECTION 31. Section 38-77-30 of the 1976 Code, as last amended
by Act 326 of 1996, is further amended by adding the following
appropriately numbered item:
"( ) 'Punitive damages' means damages awarded by a court to an
injured party to punish the defendant for a serious wrong. This award
is only in addition to actual damages awarded for bodily injury or
property damage."
SECTION 32. The 1976 Code is amended by adding:
"Section 38-77-325. In every premium notice or bill for private
passenger automobile Insurance where the insurer has opted against
insuring the insured against punitive damages, the policy shall
display prominently in bold type, all capitals, and at least 13-point
typeface, the following:
'NOTICE: THE INSURANCE COVERAGE YOU ARE
PURCHASING DOES NOT COVER ANY PUNITIVE DAMAGES
ASSESSED AGAINST YOU. THE ONLY DAMAGES COVERED
BY THIS POLICY ARE ACTUAL COMPENSATORY
DAMAGES. THIS POLICY DOES NOT INSURE YOU
AGAINST HAVING TO PAY PUNITIVE DAMAGES.'
This notice must be signed by the applicant evidencing his
acknowledgment of having read and understood the above notice."
SECTION 33. Section 38-77-110 of the 1976 Code, as last amended
by Act 326 of 1996, is further amended by adding:
"(D) No insurer is required to insure against punitive damages
assessed against an insured for the insured's gross negligence or
wanton or reckless misconduct in operating a motor vehicle."
SECTION 34. The 1976 Code is amended by adding:
"Section 38-77-327. In an action for monetary damages, the total
amount awarded for punitive damages against all defendants found
to be liable must be determined by the trier of fact. Punitive damages
may be awarded only if actual damages are awarded. If no award of
actual damages is made, the claim for punitive damages must be
dismissed."
SECTION 35. Section 15-33-135 of the 1976 Code, as added by
Act 432 of 1988, is amended to read:
"Section 15-33-135. In any civil action where punitive damages
are claimed, the plaintiff has the burden of proving such
the damages by clear and convincing evidence that the
defendant's actions showed wilful misconduct, malice, fraud,
wantonness, oppression, or that entire want of care which would raise
the presumption of conscious indifference to consequences. 'Clear
and convincing evidence' means that measure or degree of proof that
will produce in the mind of the trier of fact a high degree of certainty
as to the truth of the allegations sought to be established. This
evidence requires a greater degree of persuasion than is necessary to
meet the preponderance of the evidence standard."
SECTION 36. The 1976 Code is amended by adding:
"Section 38-77-185. (A) The prevailing party in a civil action
relating to the rejection of Insurance claims or reasonable settlement
offers by an insurer to pay for bodily injury and property damage
incurred by an insured party as the result of an automobile accident,
brought in or removed to a court of South Carolina, is entitled to
attorneys' fees to the extent that the party prevails on any position or
claim advance during the action. Attorneys' fees under this
subsection must be paid by the nonprevailing party.
(B) The fee award under this section shall not exceed the
attorneys' fees of the nonprevailing party with respect to the
particular position or claim. If the nonprevailing party received
services under a contingent fee agreement, then the fee award to the
prevailing party shall not exceed the reasonable value of the services
rendered to the prevailing party, as determined by the court at the
time the final judgment is entered. In addition the court, in its
discretion, may limit the fees awarded under subsection (A) to the
extent that the court finds exceptional, unusual, and special
circumstances that make payment of the fees unjust.
(C) As used in this section, the term 'prevailing party' means a
party to an action who obtains a favorable final judgment, exclusive
of interest, on all or a portion of the claims asserted in the action."
SECTION 37. Chapter 77, Title 38 of the 1976 Code is amended by
adding:
"Article 4
Contingency Fee Fairness and Disclosure
Section 38-77-410. This article is known and may be cited as the
'Contingency Fee Fairness and Disclosure Act'.
Section 38-77-420. (A) An attorney's fee must be reasonable.
The factors to be considered in determining the reasonableness of a
fee include, but are not limited to, the following:
(1) the nature, extent, and difficulty of issues involved in the
case;
(2) the amount of time devoted to the case;
(3) the professional standing of counsel and the skill requisite
to perform the legal service properly;
(4) the fee customarily charged in the locality for similar legal
services;
(5) the amount of money involved and the results obtained;
(6) the time limitations imposed by the client or by the
circumstances;
(7) the nature and length of the relationship with the client;
(8) whether the fee is fixed or contingent.
(B) When the lawyer has not regularly represented the client, the
basis or rate of the fee must be communicated to the client, in writing,
before or within a reasonable time after commencing the
representation.
(C) A fee may be contingent on the outcome of the matter for
which the service is rendered, except in a matter in which a
contingent fee is prohibited by subsection (D) of this section or any
other provision of law. A contingent fee agreement must be in
writing and shall state the method by which the fee is to be
determined, including the percentage or percentages that shall accrue
to the lawyer in the event of settlement, trial, or appeal, litigation and
other expenses to be deducted from the recovery, and whether these
expenses are to be deducted before or after the contingent fee is
calculated. Upon conclusion of a contingent fee matter, the lawyer
shall provide the client with a written statement stating the outcome
of the matter and if there is a recovery, showing the remittance to the
client and the method of its determination. All contingent fees
whether settled or finally adjudicated must be approved by the judge
who adjudicated the case, or in the event a settlement is reached
before the case is assigned, by a judge from the circuit in which the
case was filed.
(D) A lawyer shall not enter into an arrangement for, charge, or
collect a contingent fee for representing a defendant in a criminal
case.
(E) A division of a fee between lawyers who are not in the same
firm may be made only if the:
(1) division is in proportion to the services performed by each
lawyer, or by written agreement with the client each lawyer assumes
joint responsibility for the representation;
(2) client is advised of and does not object to the participation
of all the lawyers involved; and
(3) total fee is reasonable.
(F) All contingency fee arrangements must be filed in the county
where the case was filed and made part of the public record. The
public has the right to inspect or copy these records pursuant to the
provisions set forth in the South Carolina Freedom of Information
Act.
(G) If periodic payments are awarded to the plaintiff, the court
shall place a total value on the payments based upon the projected life
expectancy of the plaintiff and include this amount in computing the
total award from which attorney's fees are calculated under this
section.
(H) For purposes of this section, 'recovered' means the net sum
recovered after deducting any disbursements or costs incurred in
connection with prosecution or settlement of the claim. Costs of
medical care incurred by the plaintiff and the attorney's overhead
costs or charges are not deductible disbursements or costs for this
purpose."
SECTION 38. The title of Article 7 of Chapter 77, Title 38 of the
1976 Code is amended to read:
"Article 7
Arbitration Alternative Dispute Resolution
of
Property Damage and Bodily Injury Liability
Claims".
SECTION 39. Section 38-77-710 of the 1976 Code is amended to
read:
"Section 38-77-710. The court of common pleas, or any
inferior courts having concurrent jurisdiction, in and for each
county, shall by order of reference appoint an attorney or
attorneys to hear and determine, by arbitration, property damage
liability and bodily injury liability claims arising out of
motor vehicle collisions or accidents and to award actual and punitive
damages. This order must be consistent with the provisions of this
chapter and may not be inconsistent with the Rules of the
Supreme Court of South Carolina South Carolina Rules of
Civil Procedure or the South Carolina Rules of Evidence.
Arbitration proceedings must be administered pursuant to and are
subject to procedures established by the American Arbitration
Association. Process and procedure must be as summary and
simple as may be reasonable and may provide for the taking of
evidence in the form of reports, statements, or itemized bills or in any
other manner without the procedural and evidentiary limitations
which pertain in jury trials. The court may provide for the taking of
depositions of a witness within or without the State."
SECTION 40. Section 38-77-720 of the 1976 Code is amended to
read:
"Section 38-77-720. (a) The order of reference shall establish a
panel of arbitrators each of whom must be a member of the
bar, and the members must be selected for service in
particular cases on some fair rotation basis. Three arbitrators shall
hear and determine each case and the decision of two of the three
arbitrators shall determine the issue. However, the parties to the
dispute may, by agreement, provide for determination of the disputed
claim by one arbitrator.
(b) Each arbitrator assigned to determine the claim may be
compensated, not to exceed thirty-five one hundred
dollars for his services and time, payable out of the funds of the
court and which may not be taxable as costs to either party
by the party bringing the action, unless that party prevails in the
action, in which case the nonprevailing party shall pay the costs of
the action..
(c) The claimant who is the moving party in seeking
arbitration shall pay to the clerk of court a fee of ten dollars. Five
dollars must be retained by the clerk as the cost of filing the claim
and final judgment and five dollars must be used to pay the cost of
service on the other party or parties The insurers of the
parties in arbitration each shall pay to the clerk of the court a fee of
ten dollars, which fees must be retained by the clerk as the cost of
filing the claim and final judgment and to pay the cost of service on
the other party or parties."
SECTION 41. Section 38-77-730 of the 1976 Code is amended to
read:
"Section 38-77-730. (a) Any A person who is a
party to the disputed property damage liability claim or bodily
injury liability claim, or both, in an amount of not less than five
thousand dollars and not more than one hundred-fifty thousand
dollars shall submit his claim for determination through
arbitration. If the amount of the property damage liability claim
or the bodily injury liability claim, or both, exceeds one hundred-fifty
thousand dollars, the claimant shall submit his claim for
determination through mediation or may submit his claim for
arbitration. Arbitration proceedings must be administered pursuant
to and are subject to procedures established by the American
Arbitration Association. No formal pleading or process is
required. The clerk of court of each county shall prepare and keep an
arbitration docket and set the cases thereon for arbitration as provided
by law and the procedures established by the American
Arbitration Association for the settling of cases in the court of
common pleas.
(b) The claim must be filed with the clerk of court in the county
in which the cause of action arose or where the plaintiff or defendant
resides. The claim must be filed in triplicate with the clerk of court
on forms to be provided by him. The forms shall set forth the names
of the parties, the date and place of the accident, and the amount
and type of property damage and bodily injury
claimed. The clerk shall file one copy in his office, and one copy
must be served upon the defendant as provided by law for service of
summons and complaints. The sheriff, or such other person, shall
promptly serve the claim upon the defendant and shall receive the
sum of five ten dollars to defray the cost of securing
this service. The sheriff, or such other person, serving the process
shall promptly file an affidavit of personal service with the clerk of
court on forms to be provided by the clerk.
(c) There must be attached to, or made part of, the form a
summons to the defendant named notifying him that he should file a
response with the clerk of court within thirty days from the date of
service and that failure to file a response within thirty days entitles
the plaintiff to a default judgment. The form must be signed by the
party filing it or his attorney, if any, and shall by order of reference
show the address of the person signing it."
SECTION 42. Section 38-77-740 of the 1976 Code is amended to
read:
"Section 38-77-740. (a) The court, or the clerk acting for the
court, shall assign the arbitrators to hear the matter at the courthouse,
or other designated place in the county where the claim is filed,
within sixty days after the date of filing, or as soon thereafter as is
feasible. The clerk of court shall, on a form provided by him, advise
the parties or their attorneys of record, if any, by mail as to the place,
date, and time of hearing and shall advise the parties to bring all
records which may pertain to the claim, including, but not limited to,
the following:
(1) two estimates of damage to the motor vehicle or its contents
signed by the estimator, or an estimate of the extent of bodily
injury to the person or persons involved in the collision or accident
involving the motor vehicle signed by the treating
physician.;
(2) signed receipts for car repairs or bills for medical
expenses incurred or expected to be incurred by the injured
parties.;
(3) bills or receipts for other property damages claimed.
The forms shall also contain notice to the parties that, if they cannot
attend the arbitration because of illness or otherwise, the
clerk of court must be notified as soon as possible with the request
that another date be set for the hearing.
(b) Property damages must be awarded as provided by law,
including, but not limited to, actual damages, loss of use,
depreciation, and any other property damages which are the direct
and proximate result of the accident. Bodily injury damages
must be awarded as provided by law including, but not limited to,
actual physical injury, loss of use, and any other bodily injury
damages which are a direct and proximate result of the collision or
accident.
(c) The parties may secure the attendance of witnesses by their
voluntary appearance or may secure their attendance by subpoenas
prepared and issued in accordance with the laws of this State."
SECTION 43. Section 38-77-770 of the 1976 Code is amended to
read:
"Section 38-77-770. (A) If the claimant prevails in the
arbitration proceeding, the defendant's insurer shall pay all the costs
of the proceeding, including reasonable attorney's fees, to be
determined in accordance with a schedule of hourly rates for services
performed, which schedule must be prescribed by the Supreme Court
of South Carolina.
(B) If any party is dissatisfied with the decision of the
arbitrators, or the single arbitrator, he may appeal within
twenty thirty days of the decision to the court in
which the claim is filed by service upon the other parties of a notice
of appeal. Every notice of appeal shall include a statement under
oath that the appeal is taken in good faith and not merely for the
purpose of delay. The trial on appeal must be a trial de novo
on the record."
SECTION 44. Except as may be otherwise specifically provided in
this act, this act takes effect July 1, 1998.
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