Current Status Introducing Body:Senate Bill Number:114 Primary Sponsor:Giese Committee Number:98 Type of Legislation:GB Subject:Motor vehicle insurance credit rate Current Committee:Conference Committee Companion Bill Number:3017 Computer Document Number:436/12773AC.93 Introduced Date:19930112 Date of Last Amendment:19930415 Last History Body:Senate Last History Date:19930428 Last History Type:Conference powers granted, appointed Senators to Committee of Conference Scope of Legislation:Statewide All Sponsors:Giese Passailaigue Leventis Gregory Lander Martin Moore Richter Rose Waldrep Glover Reese Rankin Patterson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
114 Senate 19930428 Conference powers granted, 98 Saleeby
appointed Senators to Giese
Committee of Conference Jackson
114 House 19930428 Conference powers granted, 98 J. Bailey
appointed Reps. to Committee Richardson
of Conference R. Smith
114 House 19930428 Insists upon amendment
114 Senate 19930421 Non_concurrence in House
amendment
114 House 19930420 Read third time, returned to
Senate with amendment
114 House 19930415 Amended, read second time
114 House 19930414 Debate adjourned until
Thursday, April 15, 1993
114 House 19930407 Debate adjourned until
Wednesday, April 14, 1993
114 House 19930406 Debate adjourned until
Wednesday, April 7, 1993
114 House 19930401 Committee Report: Favorable 26
with amendment
114 House 19930223 Introduced, read first time, 26
referred to Committee
114 Senate 19930219 Read third time, sent to House
114 Senate 19930218 Amended, read second time,
unanimous consent for third
reading on Friday, February 19,
1993
114 Senate 19930211 Committee Report: Favorable 02
with amendment
114 Senate 19930112 Introduced, read first time, 02
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 15, 1993
S. 114
Introduced by SENATORS Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson
S. Printed 4/15/93--H.
Read the first time February 23, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has successfully completed an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The credit must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The insurer may require as a condition of providing and maintaining the credit, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).
(B) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Highways and Public Transportation and was conducted by:
(1) a recognized college or university;
(2) instructors certified by the South Carolina Department of Highways and Public Transportation; or
(3) any other school approved and supervised by the South Carolina Department of Highways and Public Transportation.
(4) The requirements of the course, in order to qualify for the insurance credit, must include the following minimum criteria:
(a) eight hours of classroom instruction;
(b) teaching method must include group discussion, lecture, and visual presentations;
(c) course materials must review age-related physical changes affecting older drivers, provide a basic review of the rules-of-the-road (i.e. rights of way, backing, entering and leaving interstate highways), and include accident prevention measures; and
(d) a relevant test on the course material.
(C) For purposes of this section `satisfactory evidence' is a certificate, signed by an official of the school or the South Carolina Department of Highways and Public Transportation, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Highways and Public Transportation; and
(3) the school was approved and supervised by the South Carolina Department of Highways and Public Transportation.
(D) Only the vehicle driven by drivers who have successfully completed the driver training course qualifies for the insurance credit. In order for the credit to apply, the certificate must be furnished by the named insured, principal operator of the insured vehicle, and all occasional operators named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Any other vehicle or vehicles, which may be operated by other family members who have not completed the driver training course, do not qualify for the insurance credit, until and unless the primary driver of any additional vehicle has also successfully completed the driver training course.
(E) Only driver training courses taken on a voluntary basis qualify for the insurance credit. Driver training courses taken as a requirement of a driving offense, such as ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section."
SECTION 2. Section 38-73-470 of the 1976 Code is amended to read:
"Section 38-73-470. One dollar Three dollars of the yearly premium for uninsured motorist coverage must be transferred to the South Carolina Department of Highways and Public Transportation Insurance, payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, title 56 Section 38-73-738."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-73-738. (A) Upon request, the department shall issue to each first time driver's license applicant who is at least fifteen years of age but less than seventeen years of age, one driver training voucher. There must be one uniform voucher printed in triplicate on a form determined by the department. The voucher must contain the following information:
(1) holder's name and address;
(2) holder's birth date;
(3) holder's social security number;
(4) the date issued and expiration date;
(5) the signature of the holder;
(6) the name and address of the school district or driver training school;
(7) the use date;
(8) the signature of the school official; and
(9) validation date by the department.
(B) The commissioner is authorized to promulgate regulations to implement the provisions of (A).
(C) If sufficient funds are not collected to pay the costs of operating the voucher system in any one year, the program may be temporarily suspended until adequate funds have accumulated for administration of the voucher system.
(D) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or any other responsible educational agency and was conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(4) The requirements of the course must include the following minimum criteria:
(a) eight hours of classroom instruction for commercial driver training school approved courses; thirty hours of classroom instruction for a public or private secondary school course;
(b) six hours of actual on-street practice driving;
(c) instruction on the effects drugs and alcohol have on the operation of motor vehicles and the consequences of drug or alcohol impaired driving; and
(d) a relevant test on the course material.
(E) For purposes of this section `satisfactory evidence' is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency, which certifies that:
(1) the person achieved a passing grade on a relevant test on the course material;
(2) the course was approved by and the instructors were certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; and
(3) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(F) Successful completion of a driver training course as provided in this section entitles the person to the driver training credit provided in Regulation 69-13.2(I)(B) for youthful operators.
(G) An applicant for a driver's license who is at least fifteen years of age but less than seventeen years of age is required to successfully complete a driver training course before obtaining a driver's license and to provide certification of completion to the Department of Highways and Public Transportation."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-75. (A) The department shall not issue a driver's license to any person who is at least fifteen years of age but less than seventeen years of age until the applicant has provided the department with evidence of satisfactory completion of an approved driver training course as provided in Section 38-73-738. To defray the cost of taking the course, the applicant may request a driver training voucher from the Department of Insurance as provided for in Section 38-73-738. The Department of Highways and Public Transportation shall inform applicants for beginner's permits and driver's licenses of the availability of the voucher.
(B) This requirement does not apply to a beginner's permit as provided in Section 56-1-50; however, it must be complied with before the issuance of a special restricted license as provided for in Section 56-1-180.
(C) The department, upon satisfactory proof that a minor who is at least fifteen years of age but less than seventeen years of age has become a resident of South Carolina and has a valid driver's license from his prior state of residence but has not completed a driver training course, may grant the minor a temporary driver's license under such terms as deemed necessary by the department to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver training course necessary for a driver's license in South Carolina."
SECTION 5. Section 3 of this Act takes effect August 1, 1994. Section 4 of this Act takes effect October 1, 1994.
SECTION 6. Except as otherwise specifically provided herein, this act takes effect October 1, 1993.