Bill 3338

                    Current Status

Introducing Body:               House
Bill Number:                    3338
Primary Sponsor:                L. Martin
Committee Number:               02
Type of Legislation:            GB
Subject:                        Commercial vehicle insurance
                                rates
Residing Body:                  Senate
Computer Document Number:       436/11126.DW1
Introduced Date:                Jan 29, 1991
Date of Last Amendment:         Apr 10, 1991
Last History Body:              Senate
Last History Date:              Apr 16, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   L. Martin
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3338  Senate  Apr 16, 1991  Introduced, read first time,    02
                             referred to Committee
 3338  House   Apr 11, 1991  Read third time, sent to
                             Senate
 3338  House   Apr 10, 1991  Amended, read second time
 3338  House   Mar 28, 1991  Committee Report: majority      26
                             favorable, with amendment,
                             minority unfavorable
 3338  House   Jan 29, 1991  Introduced, read first time,    26
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

AMENDED

April 10, 1991

H. 3338

S. Printed 4/10/91--H.

Read the first time January 29, 1991.

A BILL

TO AMEND SECTION 38-73-455 AND SECTION 38-73-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.

Amend Title To Conform

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

SECTION 1. Section 38-73-455(B) of the 1976 Code is amended to read:

"(B) In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, without regard to whether the named insured or operator was operating an individual private passenger or small commercial vehicle, the motor vehicle customarily operated by that individual must be written at the objective standards rate."

SECTION 2. Section 38-73-455(E) of the 1976 Code is amended to read:

"(E) For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record which includes all violations by the applicant, whether occurring while operating an individual private passenger or small commercial vehicle."

SECTION 3. Section 38-73-760(e) of the 1976 Code, as amended by Act 148 of 1989, is further amended to read:

"(e) The commissioner shall require all insurers transacting automobile insurance business in this State to assess surcharges and grant safe driver discounts of no less than twenty percent. Surcharges must be assessed without regard to whether the accident or violation occurred while the insured is operating an individual private passenger or small commercial vehicle."

SECTION 4. The 1976 Code is amended by adding:

"Section 38-77-610. The Facility Recoupment surcharge must be assigned without regard to whether the named insured or operator was operating an individual private passenger or small commercial vehicle."

SECTION 5. The provisions of this act only apply to traffic citations issued to operators of small commercial vehicles after the effective date of the act.

SECTION 6. This act takes effect upon approval by the Governor.