Current Status Introducing Body:House Bill Number:3424 Ratification Number:249 Act Number:113 Primary Sponsor:Committee (26) Type of Legislation:GB Subject:Motor vehicle financial security Date Bill Passed both Bodies:19930602 Computer Document Number:BBM/10193JM.93 Governor's Action:S Date of Governor's Action:19930611 Introduced Date:19930209 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930611 Last History Type:Act No. 113 Scope of Legislation:Statewide Sponsor Committee:Labor, Commerce and Industry Sponsor Committee Number:26 Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3424 ------ 19930611 Act No. 113
3424 ------ 19930611 Signed by Governor
3424 ------ 19930610 Ratified R 249
3424 Senate 19930602 Concurred in House amendment,
enrolled for ratification
3424 House 19930601 Senate amendments amended,
returned to Senate
3424 Senate 19930526 Amended, read third time,
returned to House with
amendments
3424 Senate 19930525 Read second time, notice of
general amendments
3424 Senate 19930519 Recalled from Committee, 15
placed on Calendar
3424 Senate 19930217 Introduced, read first time, 15
referred to Committee
3424 House 19930216 Read third time, sent to
Senate
3424 House 19930211 Read second time
3424 House 19930209 Introduced, read first time
View additional legislative information at the LPITS web site.
(A113, R249, H3424)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.
Be it enacted by the General Assembly of the State of South Carolina:
Verification of liability insurance coverage; etc.
SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-175. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy 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 local law enforcement agency issuing the traffic ticket 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 applies only 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 ISSUING AGENCY 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."
Verification of liability insurance coverage; etc.
SECTION 2. The 1976 Code is amended by adding:
"Section 56-7-12. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy 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 local law enforcement agency issuing the traffic ticket 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 applies only 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 ISSUING AGENCY 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."
Confiscation of registration certificates, plates
SECTION 3. Section 56-10-45 of the 1976 Code is amended to read:
"Section 56-10-45. (A) For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the department may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the executive director from funds of the department which are to be used for this purpose.
(B) Notwithstanding the provisions of subsection (A), local law enforcement agencies including sheriffs and municipal law enforcement agencies are authorized to confiscate motor vehicle registration certificates and plates where the security required by this chapter has lapsed. All motor vehicle registration certificates and plates confiscated pursuant to this section must be returned to the department within fifteen days. The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates and registration, must be paid to the governing body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The Executive Director of the Department of Highways and Public Transportation or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."
Time effective
SECTION 4. Except as may otherwise be specifically provided in this act, this act takes effect upon approval by the Governor.
Approved the 11th day of June, 1993.