Current Status Introducing Body:House Bill Number:3589 Primary Sponsor:J. Bailey Type of Legislation:GB Subject:Motor vehicle liability insurance coverage Residing Body:Senate Computer Document Number:NO5/7280.BD Introduced Date:Feb 26, 1991 Date of Last Amendment:Apr 11, 1991 Last History Body:Senate Last History Date:May 21, 1992 Last History Type:Read second time, ordered to third reading with notice of general amendments Scope of Legislation:Statewide All Sponsors:J. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3589 Senate May 21, 1992 Read second time, ordered to
third reading with notice of
general amendments
3589 Senate May 19, 1992 Polled out of Committee 02
3589 Senate Apr 16, 1991 Introduced, read first time, 02
referred to Committee
3589 House Apr 12, 1991 Read third time, sent to
Senate
3589 House Apr 11, 1991 Unanimous consent for third
reading on next Legislative
day
3589 House Apr 11, 1991 Amended, read second time
3589 House Apr 10, 1991 Debate adjourned until
Thursday, April 11
3589 House Apr 10, 1991 Amended
3589 House Apr 04, 1991 Debate adjourned until
Wednesday, April 10
3589 House Apr 03, 1991 Debate interrupted
3589 House Mar 28, 1991 Committee Report: Favorable 26
3589 House Feb 26, 1991 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
POLLED OUT OF COMMITTEE
May 19, 1992
H. 3589
S. Printed 5/19/92--S.
Read the first time April 16, 1991.
To whom was referred a Bill (H. 3589), to amend the Code of Laws of South Carolina, 1976, by adding Sections 38-77-175 and 56-7-12, etc., respectfully
Has polled the Bill out without report.
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
H. 3589 proposes to amend Title 38 and Title 58 of the S.C. Code of Laws (1976) by adding Section 38-77-175 and Section 56-7-12 so as to require written verification of motor vehicles liability insurance coverage.
Enactment of H. 3589 would have no effect on the State's General Fund.
Enactment of H. 3589 would result in additional expenditures to the State Highway Fund. The bill requires owners and operators of motor vehicles who are issued a traffic ticket for a moving violation to verify liability insurance coverage by submitting a request form to the State Highway Department. During 1990, 425,000 owners and operators were issued tickets for moving violations. Based on this figure, the State Highway Department estimates that administration of the Bill would cost the State Highway Fund $163,466 in the first year and $155,456 thereafter.
Prepared By: Approved By:
Kenneth Brown George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-175. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.
(B) The completed and verified form must be returned by the operator or owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.
(C) The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section only applies to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-7-12. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.
(B) The completed and verified form must be returned by the operator or owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.
(C) The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section only applies to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 3. Section 56-10-240 of the 1976 Code is amended by adding at the end:
"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."
SECTION 4. Section 56-10-245 of the 1976 Code is amended by adding at the end:
"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."
SECTION 5. This act takes effect upon approval by the Governor.