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2008 SUMMARY OF NEW STATE LAWS - SOUTH CAROLINA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 3496

201

DUI

Revises the period of time a person's privilege to drive must be suspended when he refuses to submit to a chemical DUI test; relates to an administrative hearing and the immobilization of a motor vehicle owned by a person who has been convicted of driving under the influence; increases the fee for reregistering an immobilized motor vehicle; relates to videotaping a breath test; requires a person to pay for costs of a breath test; relates to a restricted license and payment for alcohol treatment services. Effective date: December 10, 2009.

HB 3572

176

Traffic Offenses

Creates the Traffic Diversion Program Act; provides that each solicitor has the authority to establish a program for persons who commit traffic-related offenses punishable by a fine or loss of points; provides that the solicitor is authorized to contract for services with the appropriate municipality or county; provides for procedures. Effective date: May 11, 2008.

HB 4363

279

Motor Vehicle Hearings

Relates to Division of Motor Vehicle hearings and appeals, judicial related or bar related functions, chief administrative law judge adjudicational cases, issuance of restricted driver's licenses, a driver's license holder's suspension, motor vehicle self-insurance, habitual offender driver's license revocation hearing and immobilization of a vehicle owned by a person convicted of driving offenses; provides for blood alcohol testing and registration of an uninsured vehicle. Effective date: October 1, 2008.

HB 4470

357

Fire Sprinkler Tax Credit

Allows a state income tax credit for the purchase, installation, or improvement of a fire sprinkler system and to provide the administration of the credit; provides a property tax exemption for fire sprinkler systems; allows a depreciation in the property tax valuation of manufacturing property for installation of a sprinkler system; relates to municipal and special service district water systems so as to limit charges for separate lines for fire sprinkler systems. Effective date: July 14, 2008.

HB 4511

336

Teen Driving

Provides for the assessment of civil penalties on parents or guardians upon a dependent's violation of a restriction imposed on a beginner's permit, a conditional driver's license, or a special restricted license, or if such dependent is found to be operating a motor vehicle without a license or permit. Effective date: July 11, 2008.

HB 4759

193

Guaranty Funds

Relates to the persons covered under the provisions of the Insurers Rehabilitation and Liquidation Act; provides that certain insurance laws do not apply to certain military fraternal benefit associations. Effective date: April 2, 2008.

HB 4847

308

Towing Issues

Relates to the towing, storage, and disposition of abandoned and derelict personal property; includes code enforcement officers in the definition of officer. Effective date: June 19, 2008.

SB 453

190

Identity Theft

Relates to financial fraud and identity theft; provides for protections in a consumer's social security number and imposition of a security freeze on a consumer's credit report; prohibits personal identifying information on a mortgage and in preparation of documents for public filing; includes credit or debit card receipt; provides for civil damages; relates to a public body and use of information; provides for redacting of documents; prohibits using another person's garbage for identity fraud. Effective date: December 31, 2008.

SB 472

285

Ignition Interlock Devices

Relates to DUI penalties including license revocation and suspension; requires a license returned or issued to an offender whose license was suspended for driving under the influence of intoxicants must state that the person may only drive a vehicle registered in his name that has an ignition interlock device installed; concerns prohibitions regarding image display devices in motor vehicles. Effective date: June 11, 2008.

SB 642

231

Uninsured Funds

Relates to the collateral required to secure the uninsured funds on deposit of a local government entity and the state; defines a financial institution in which these funds are deposited as a qualified public depository; allows such a depository to secure these funds using the dedicated method or the pooling method; provides that the local government entity or state treasurer may require such a depository to use the dedicated method. Effective date: January 1, 2009.

SB 987

406

Boats

Relates to enforcement of boating laws; provides for the authority of law enforcement officers with regard to such enforcement; provides for procedural matters regarding implied consent for a breath test; revises procedures for boating accident reporting and allows attorneys and insurers to obtain a copy of such reports under specified circumstances; prohibits abandonment of a watercraft on public lands or waters or on private property; clarifies no wake zone enforcement authority. Effective date: December 16, 2008.

SB 1131

326

Producer Licensing

Relates to insurance producers; clarifies language that an employee of a licensed producer who performs only clerical duties may not sign an application for insurance; provides that a nonresident person may receive a nonresident producers license; provides that limited line insurance includes credit insurance; provides for biennial appointment fees; provides for insurance producer licensure; requires a property and casualty insurance producer to pass the state licensing exam and pay the brokers premium tax. Effective date: July 11, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.