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Bill 539

                    Current Status

Bill Number:                      539
Ratification Number:              65
Act Number:                       30
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990225
Primary Sponsor:                  Banking and Insurance Committee SBI 02
All Sponsors:                     Banking and Insurance Committee
Drafted Document Number:          l:\s-res\ees\002resi.whb.doc
Date Bill Passed both Bodies:     19990428
Date of Last Amendment:           19990422
Governor's Action:                S
Date of Governor's Action:        19990601
Subject:                          Insurance agents, resident requirements, 
                                  countersignature provisions, risk retention 
                                  groups


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990618  Act No. A30
------  19990601  Signed by Governor
------  19990526  Ratified R65
Senate  19990428  Concurred in House amendment, 
                  enrolled for ratification
House   19990423  Read third time, returned to Senate
                  with amendment
House   19990422  Read second time, unanimous
                  consent for third reading on 
                  Friday, 19990423
House   19990422  Amended
House   19990421  Committee report: Favorable with       26 HLCI
                  amendment
House   19990309  Introduced, read first time,           26 HLCI
                  referred to Committee
Senate  19990304  Read third time, sent to House
Senate  19990303  Read second time
Senate  19990225  Introduced, read first time,
                  placed on Calendar without reference


                             Versions of This Bill
Revised on February 25, 1999 - Word format
Revised on April 21, 1999 - Word format
Revised on April 22, 1999 - Word format

(A30, R65, S539)

AN ACT TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT AND DELETE A FURTHER RESIDENCY REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60, RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.

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

Agents; residency requirement deleted; etc.

SECTION 1. Section 38-43-60 of the 1976 Code is amended to read:

"Section 38-43-60. All business done in this State by insurers doing the business of insurance as defined in this title must be transacted by their regularly authorized agents licensed in this State or through applications of the agents. Except as provided in Section 38-43-70, it is unlawful for a salaried officer, manager, or other representative of an insurer to transact for his company any of the business of a licensed agent for which the licensed agent received a commission, unless he himself is a bona fide licensed agent. No provision of this section applies to direct insurance covering the rolling stock of railroad corporations or property in transit while in possession and custody of railroad corporations or other common carriers or applies to bid bonds issued by a surety insurer in connection with any public or private contract."

Brokers; licensed resident provision deleted

SECTION 2. Section 38-45-30 of the 1976 Code, as last amended by Section 672 of Act 181 of 1993, is further amended to read:

"Section 38-45-30. A nonresident may be licensed as an insurance broker by the director or his designee if the following requirements are met:

(1) filing an application on a form prescribed by the director or his designee;

(2) filing an affidavit stating he will not during the period of the license place, directly or indirectly, insurance on a risk located in this State except through licensed agents of insurers licensed to do business in this State;

(3) filing an affidavit stating he is a licensed broker in another state;

(4) paying a biennial license fee of two hundred dollars fully earned when received, not refundable;

(5) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:

(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;

(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or

(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action.

(6) paying the department, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the director or his designee that the business was placed in good faith and the policy was canceled at the request of the insured."

Repeal

SECTION 3. Section 38-87-60 of the 1976 Code is repealed.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 1999.

Approved the 1st day of June, 1999.

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