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A395, R377, H4622
Sponsors: Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler
Document Path: l:\council\bills\dka\3599dw06.doc
Introduced in the House on February 8, 2006
Introduced in the Senate on February 28, 2006
Last Amended on May 30, 2006
Passed by the General Assembly on May 30, 2006
Governor's Action: June 6, 2006, Vetoed
Legislative veto action(s): Veto overridden
Summary: Automobile insurance coverages
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/8/2006 House Introduced and read first time HJ-8 2/8/2006 House Referred to Committee on Labor, Commerce and Industry HJ-8 2/22/2006 House Committee report: Favorable Labor, Commerce and Industry HJ-3 2/23/2006 House Read second time HJ-14 2/23/2006 House Unanimous consent for third reading on next legislative day HJ-15 2/23/2006 Scrivener's error corrected 2/24/2006 House Read third time and sent to Senate HJ-1 2/28/2006 Senate Introduced and read first time SJ-10 2/28/2006 Senate Referred to Committee on Banking and Insurance SJ-10 4/18/2006 Senate Committee report: Favorable with amendment Banking and Insurance SJ-14 4/19/2006 Senate Amended SJ-7 5/24/2006 Senate Amended SJ-40 5/24/2006 Senate Read second time SJ-40 5/25/2006 Senate Read third time and returned to House with amendments SJ-9 5/30/2006 House Senate amendment amended HJ-49 5/30/2006 House Returned to Senate with amendments HJ-49 5/30/2006 Senate Concurred in House amendment and enrolled SJ-101 5/31/2006 Ratified R 377 6/6/2006 Vetoed by Governor 6/14/2006 House Veto overridden by originating body Yeas-87 Nays-18 HJ-135 6/14/2006 Senate Veto sustained Yeas-24 Nays-17 SJ-150 6/14/2006 Senate Reconsidered vote whereby veto was sustained SJ-151 6/14/2006 Senate Veto overridden Yeas-32 Nays-9 SJ-151 6/21/2006 Copies available 6/21/2006 Effective date 06/14/06 6/28/2006 Act No. 395
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VERSIONS OF THIS BILL
(A395, R377, H4622)
AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.
Be it enacted by the General Assembly of the State of South Carolina:
Offer of optional coverages
SECTION 1. Section 38-77-350(A) and (B) of the 1976 Code is amended to read:
"(A) The director or his designee shall approve a form that automobile insurers shall use in offering optional coverages required to be offered pursuant to law to applicants for automobile insurance policies. This form must be used by insurers for all new applicants. The form, at a minimum, must provide for each optional coverage required to be offered:
(1) a brief and concise explanation of the coverage;
(2) a list of available limits and the range of premiums for the limits;
(3) a space to mark whether the insured chooses to accept or reject the coverage and a space to state the limits of coverage the insured desires;
(4) a space for the insured to sign the form that acknowledges that the insured has been offered the optional coverages;
(5) the mailing address and telephone number of the insurance department that the applicant may contact if the applicant has questions that the insurance agent is unable to answer.
(B) If this form is signed by the named insured, after it has been completed by an insurance producer or a representative of the insurer, it is conclusively presumed that there was an informed, knowing selection of coverage and neither the insurance company nor an insurance agent is liable to the named insured or another insured under the policy for the insured's failure to purchase optional coverage or higher limits."
Confidentiality of information
SECTION 2. Section 38-55-75 of the 1976 Code, as added by Act 82 of 2001, is amended to read:
"Section 38-55-75. The Department of Insurance may receive and shall maintain as confidential any documents or information furnished to the department by the National Association of Insurance Commissioners or regulatory officials of any state, federal agency, or foreign countries which are classified as confidential by that association or state. The Department of Insurance may share documents or information, including confidential documents or information, with the National Association of Insurance Commissioners or regulatory officials of any state, federal agency, or foreign countries if the association, state, federal agency, or foreign country agrees to maintain the same level of confidentiality as is provided under South Carolina law. Documents or information received or exchanged pursuant to this section are not subject to subpoena or subpoena duces tecum in any civil, criminal, or administrative proceeding."
General coverage requirements
SECTION 3. A. Section 38-77-140 of the 1976 Code is amended to read:
"Section 38-77-140. (A) An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:
(1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person;
(2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and
(3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
(B) Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
B. This SECTION 3 is effective upon approval by the Governor and affects policies issued or renewed on or after January 1, 2007.
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 31st day of May, 2006.
Vetoed by the Governor -- 6/6/06.
Veto overridden by House -- 6/14/06.
Veto overridden by Senate -- 6/14/06.
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