2011 House Bill 1034 - Conference Committee

State of South Dakota  

400S0163   CONFERENCE COMMITTEE ENGROSSED    NO.  HB 1034 -  3/1/2011  

Introduced by:    The Committee on Commerce at the request of the Department of Revenue and Regulation

        FOR AN ACT ENTITLED, An Act to repeal the requirement for motor vehicle liability insurance safety rating discounts for certain older motor vehicle drivers.
    Section 1. That § 58-11-58 be repealed.
    58-11-58. Any schedule of rates or rating plan for private passenger motor vehicle bodily injury and property damage liability insurance and collision insurance submitted to, or filed with, the Division of Insurance shall provide for an appropriate reduction in premium charges for persons fifty-five years of age or older who have successfully completed a motor vehicle accident prevention course meeting the criteria approved by the Department of Revenue and Regulation.
    However, insurers who offer a separate discount which is based upon the age of persons who are fifty-five years of age or older or upon their driving record, are exempt from the provisions of this section and are not required to make an additional filing with the Division of Insurance as a result of the discount required by this section.
    Section 2. That § 58-11-59 be repealed.
    58-11-59. Upon successfully completing the approved course, each person shall be issued a certificate by the organization offering the course which shall be used to qualify for the premium discount required by § 58-11-58.
    Section 3. That § 58-11-60 be repealed.
    58-11-60. A person shall take and pass the approved course every three years to continue to be eligible for the premium discount required by § 58-11-58.
    Section 4. That § 58-11-61 be repealed.
    58-11-61. The premium discount required by § 58-11-58 shall be effective for an insured for a three-year period after successful completion of the approved course. However, the insurer may require, as a condition of providing and maintaining the discount, that the insured:
            (1)    Has not been involved in an accident for which the insured is at fault;
            (2)    Has not been convicted, pled guilty, or nolo contendere to a moving traffic violation, or to a traffic related alcohol or narcotics offense; and
            (3)    Has maintained a driving record free of violations and accidents for which the insured has been found liable for a three-year period prior to course completion.
    This section does not apply if the approved course is taken as specified by a court or other governmental entity resulting from a moving traffic violation.

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