Current Status Bill Number:4000 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Meacham All Sponsors:Meacham, Limehouse, Mason, Bailey, Wofford, Kirsh, Cato, Cooper, Simrill, Lanford, Trotter, McCraw, Vaughn, Law, Boan, Dantzler, A. Young, Neilson, Elliott, H. Brown, Haskins and Martin Drafted Document Number:bbm\10145jm.95 Companion Bill Number:3337, 4188 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Motor vehicle insurance, threshold rates
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950502 Recommitted to Committee 26 HLCI
House 19950426 Committee report: Favorable 26 HLCI
House 19950412 Introduced, read first time, 26 HLCI
referred to Committee
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COMMITTEE REPORT
April 26, 1995
H. 4000
Introduced by REPS. Meacham, Limehouse, Mason, Bailey, Wofford, Kirsh, Cato, Cooper, Simrill, Lanford, Trotter, McCraw, Vaughn, Law, Boan, Dantzler, A. Young, Neilson, Elliott, H. Brown, Haskins and Martin
S. Printed 4/26/95--H.
Read the first time April 12, 1995.
To whom was referred a Bill (H. 4000), to amend Section 38-73-455, as amended, Code of Laws of South Carolina, 1976, relating to automobile insurance rates, so as to raise the threshold, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
HARRY F. CATO, for Committee.
TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS, AND PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-73-455(A)(3) of the 1976 Code is amended to read:
"(3) has had two or more `chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A `chargeable' accident is defined as one resulting in bodily injury to any person in excess of three six hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty one thousand dollars. These thresholds must be adjusted periodically by regulation of the Director of the Department of Insurance based upon changes in the Consumer Price Index. Accidents occurring under the circumstances enumerated below are not considered chargeable.:
(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.
(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.
(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.
(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a `hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.
(f) Accidents involving damage by contact with animals or fowl.
(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.
(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or".
SECTION 2. The threshold amounts of six hundred dollars and one thousand dollars set forth in the introductory paragraph of Section 38-73-455(A)(3) of the 1976 Code, as amended by Section 1 of this act, apply only to accidents occurring after June 30, 1995, and also apply to any merit rating plan promulgated by the Director of the Department of Insurance or his designee pursuant to Section 38-73-760 of the 1976 Code.
SECTION 3. Except as may be provided otherwise in this act, this act takes effect upon approval by the Governor.