South Carolina General Assembly
109th Session, 1991-1992

Bill 563


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    563
Primary Sponsor:                Moore
Committee Number:               02
Type of Legislation:            GB
Subject:                        Motor vehicle insurance,
                                penalties
Computer Document Number:       BBM/9129.JM
Introduced Date:                Jan 30, 1991
Last History Body:              Senate
Last History Date:              Jan 30, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Moore
                                Saleeby
                                Holland
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 563   Senate  Jan 30, 1991  Introduced, read first time,    02
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 38-77-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO REQUIRE THAT THE NOTICE STATE THE RANGE OF POTENTIAL PENALTIES TO BE PAID TO THE STATE BY INDIVIDUALS THAT FAIL TO COMPLY WITH THE FINANCIAL RESPONSIBILITY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-10-242 SO AS TO PROVIDE EXCEPTIONS TO THE GENERAL REQUIREMENTS RESPECTING INSURANCE AND LICENSE TAGS FOR A MOTOR VEHICLE THAT IS NOT DRIVEN BECAUSE IT IS BEING RESTORED, REQUIRE A WRITTEN VERIFICATION UNDER OATH BY THE OWNER OF SUCH A VEHICLE, CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES, AND PROVIDE THAT AN INDIVIDUAL WHO FALSELY VERIFIES UNDER OATH THAT A VEHICLE IS BEING RESTORED IS GUILTY OF PERJURY AND MUST BE PUNISHED ACCORDINGLY.

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

SECTION 1. Section 38-77-120(a) of the 1976 Code is amended by adding:

"(4) Shall state the range of potential penalties to be paid to the State by individuals that fail to comply with the financial responsibility law."

SECTION 2. The 1976 Code is amended by adding:

"Section 56-10-242. A motor vehicle that is not driven because it is being restored is not required to have liability insurance upon it. In addition, the tags of the motor vehicle need not be turned in to the department because there is no insurance on the vehicle.

The individual who owns a motor vehicle that is being restored shall verify under oath in writing that fact to the department upon request.

An individual who drives a vehicle which has no liability insurance in accordance with this section and who knows the vehicle has no liability insurance is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days; and

(3) for a third or subsequent offense, fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days or both fined and imprisoned.

Only convictions which have occurred within the ten years immediately preceding the date of the latest conviction constitute prior convictions within the meaning of this section.

An individual who falsely verifies under oath that a motor vehicle is being restored is guilty of perjury and must be punished accordingly."

SECTION 3. Section 1 takes effect upon approval by the Governor and applies with respect to cancellation notices made beginning one hundred eighty days after approval by the Governor. Section 2 takes effect July 1, 1991.

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