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TO AMEND SECTION 38-77-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURERS NOT BEING REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANTS OR EXISTING POLICYHOLDERS, SO AS TO REQUIRE AUTOMOBILE INSURERS TO OFFER COVERAGE TO AN INDIVIDUAL WHO IS HANDICAPPED AND WHO OWNS A VEHICLE IN THIS STATE BUT WHO DOES NOT HAVE A VALID DRIVER'S LICENSE IF THE AUTOMOBILE IS PRINCIPALLY GARAGED AND OPERATED IN THIS STATE AND THE OWNER DESIGNATES TO THE INSURER WHO THE PRINCIPAL OPERATOR OF THE VEHICLE WILL BE AND THIS PERSON HAS A VALID SOUTH CAROLINA DRIVER'S LICENSE OR OTHERWISE MEETS THE REQUIREMENTS OF SECTION 38-77-112.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-77-112 of the 1976 Code is amended to read:
"Section 38-77-112. Notwithstanding Section 38-77-280, no automobile insurer is required to write coverage for automobile insurance as defined in Section 38-77-30 for any applicant or existing policyholder. An insurer or an agent shall retain, for a period of three years, the driver's license numbers for all persons who have submitted an application for insurance but who were refused coverage and shall furnish such information upon the request of the director of the Department of Insurance or his designee. This section does not apply to an individual who is handicapped and who owns a vehicle in this State but who does not have a valid driver's license. If an automobile is principally garaged and operated in this State, the owner of the vehicle can must be offered coverage thereon regardless of whether or not he possesses a valid South Carolina driver's license if he designates to the insurer who the principal operator of the vehicle will be and this person has a valid South Carolina driver's license or otherwise meets the requirements of this section. This requirement does not apply to personnel of the armed forces of the United States on active duty and officially stationed in this State who possess a valid motor vehicle driver's license issued by another state or territory of the United States or the District of Columbia. This requirement is waived ninety days for individuals who move into South Carolina with the intent of making South Carolina their place of residence if they possess a valid driver's license issued by another state or territory of the United States or the District of Columbia."
SECTION 2. This act takes effect upon approval by the Governor.
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