S 0395 General Bill, By Courtney
 A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO
 CHANGE CERTAIN PROVISIONS OF THIS SECTION, INCLUDING ADDING A REQUIREMENT THAT
 THE DEPARTMENT OF INSURANCE ADMINISTER THE COLLECTION OF THE TAX ON UNINSURED
 MOTORIST COVERAGE PREMIUMS AND AUDIT THE TAX ON AN ANNUAL BASIS; AND TO AMEND
 SECTION 56-5-1270, AS AMENDED, RELATING TO THE REQUIREMENT THAT MOTOR VEHICLE
 OPERATORS AND OWNERS AND LAW ENFORCEMENT OFFICERS MAKE WRITTEN REPORTS OF
 CERTAIN ACCIDENTS AND INVESTIGATIONS, SO AS TO LOWER THE THRESHOLD AMOUNT OF
 TOTAL PROPERTY DAMAGE FROM ONE THOUSAND TO FOUR HUNDRED DOLLARS.

   01/26/99  Senate Introduced and read first time SJ-3
   01/26/99  Senate Referred to Committee on Banking and Insurance SJ-3

TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO CHANGE CERTAIN PROVISIONS OF THIS SECTION, INCLUDING ADDING A REQUIREMENT THAT THE DEPARTMENT OF INSURANCE ADMINISTER THE COLLECTION OF THE TAX ON UNINSURED MOTORIST COVERAGE PREMIUMS AND AUDIT THE TAX ON AN ANNUAL BASIS; AND TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO THE REQUIREMENT THAT MOTOR VEHICLE OPERATORS AND OWNERS AND LAW ENFORCEMENT OFFICERS MAKE WRITTEN REPORTS OF CERTAIN ACCIDENTS AND INVESTIGATIONS, SO AS TO LOWER THE THRESHOLD AMOUNT OF TOTAL PROPERTY DAMAGE FROM ONE THOUSAND TO FOUR HUNDRED DOLLARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 38-73-470 of the 1976 Code, as last amended by Act 154 of 1997, is further amended to read:

"Section 38-73-470. One dollar of the yearly premium One and one-third percent of the total premiums for uninsured motorist coverage collected each calendar year ending on the thirty-first day of December is directed to be paid to the South Carolina Department of Public Safety Insurance to be placed on deposit with the State Treasurer in the 'Uninsured Enforcement Fund', payable on a quarterly basis to the South Carolina Department of Public Safety, to provide for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56. The Department of Insurance shall administer the collection of the tax on uninsured motorist coverage premiums and shall audit the tax on an annual basis. The Department of Insurance shall retain an administrative fee to cover its actual costs in administering the provisions of this section. Interest earned by the 'Uninsured Fund' must be retained by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits."

SECTION 2. Section 56-5-1270 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand four hundred dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the department, the proof and report to be in a manner prescribed by the department. The completed and verified form must be returned by the operator or owner to the department within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.

Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand four hundred dollars or more either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, must forward a written report of the accident to the department including the names of interviewed participants and witnesses. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury, the injury must be indicated on the report."

SECTION 3. This act takes effect upon approval by the Governor.