H 4805 General Bill, By Townsend

Similar(S 1008)
 A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE
 INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE
 VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT
 OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE
 OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF
 THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN
 CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF
 PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS
 SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE
 AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO
 DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED
 BY THE DEPARTMENT.

   02/19/04  House  Introduced and read first time HJ-12
   02/19/04  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-12
   02/25/04  House  Recalled from Committee on Labor, Commerce and
                     Industry HJ-46
   02/25/04  House  Referred to Committee on Education and Public
                     Works HJ-46
   04/22/04  House  Committee report: Favorable Education and Public
                     Works HJ-22
   04/28/04  House  Requests for debate-Rep(s). J Brown, Hosey, Ott,
                     Rutherford, Scott, and Mack HJ-115
   04/28/04  House  Debate adjourned HJ-144
   05/04/04  House  Requests for debate removed-Rep(s). J Brown HJ-14
   05/05/04  House  Requests for debate removed-Rep(s). Scott HJ-10
   05/05/04  House  Read second time HJ-10
   05/06/04  House  Read third time and sent to Senate HJ-85
   05/07/04  Senate Introduced and read first time SJ-5
   05/07/04  Senate Referred to Committee on Transportation SJ-5
   05/20/04  Senate Committee report: Favorable Transportation SJ-8
   05/27/04  Senate Read second time SJ-209
   05/27/04  Senate Ordered to third reading with notice of
                     amendments SJ-209

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 20, 2004

H. 4805

S. Printed 5/20/04--S.

Read the first time May 7, 2004.

To whom was referred a Bill (H. 4805) to amend Section 56-9-350, Code of Laws of South Carolina, 1976, relating to obtaining verification that an operator of a motor vehicle involved in an accident, etc, respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

GREG RYBERG for Committee.

TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.

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

SECTION    1.    Section 56-9-350 of the 1976 Code is amended to read:

"Section 56-9-350.    The operator or owner of a motor vehicle involved in an accident resulting in property damage of four hundred dollars or more, as required by Section 56-5-1270 or in bodily injury or death, must be furnished a written request form at the time of the accident, or as soon after the accident as possible, by the investigating officer for completion and verification of liability insurance coverage, the form to be in a manner prescribed by the Department department.

The completed and verified form must be returned by the operator or owner to the Department department within fifteen days from the date the form was delivered by the officer. Failure to return the form, verified in the proper manner, is prima facie evidence that the vehicle was uninsured.

The operator or owner of a motor vehicle involved in an accident resulting in property damage of four hundred dollars or more, as required by Section 56-5-1270 or in bodily injury or death, which was not investigated by a law enforcement officer shall furnish to the Department department a written report and verification of liability insurance coverage, the proof to be in a manner prescribed by the Department department."

SECTION    2.    Section 56-9-351 of the 1976 Code, as last amended by Act 510 of 1992, is further amended to read:

"Section 56-9-351.    Within sixty days of receipt of a report of a motor vehicle accident within this State which has resulted in bodily injury or death or damage to the property of any one person in the amount of two hundred dollars or more, as required by Section 56-5-1270 the department shall suspend the license of each operator or driver if he is the owner of the motor vehicle involved in the accident and all registrations of each owner of a motor vehicle involved in the accident. If the operator or driver is a nonresident, the privilege of operating a motor vehicle within this State and the privilege of the use within this State of a motor vehicle owned by him is suspended unless the operator, driver or owner, or both, deposits security in a sum not less than two hundred dollars or an additional amount as required by Section 56-5-1270 as the department may specify that will be sufficient to satisfy a judgment that may be recovered for damages resulting from the accident which may be recovered against the operator or owner. Notice of the suspension must be sent by the department to the operator and owner at least ten days before the effective date of the suspension and shall state the amount required as security."

SECTION    3.    Section 56-9-359 of the 1976 Code is amended to read:

"Section 56-9-359.    The Department department may at any time reduce the amount of security ordered in any case if, in its judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered shall must be returned to the depositor or his personal representative, notwithstanding the provisions of Section 56-9-360. In no case shall the Department department reduce the amount of security to a sum less than two hundred dollars the amount required by Section 56-5-1270."

SECTION    4.    This act takes effect on October 1, 2004.