South Carolina General Assembly
119th Session, 2011-2012

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A281, R315, S1229

STATUS INFORMATION

General Bill
Sponsors: Senators O'Dell and Ford
Document Path: l:\council\bills\agm\19440ab12.docx

Introduced in the Senate on February 16, 2012
Introduced in the House on April 26, 2012
Last Amended on June 19, 2012
Passed by the General Assembly on June 19, 2012
Governor's Action: June 26, 2012, Signed

Summary: Licenses for adjusters

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/16/2012  Senate  Introduced and read first time (Senate Journal-page 2)
   2/16/2012  Senate  Referred to Committee on Banking and Insurance 
                        (Senate Journal-page 2)
   2/28/2012          Scrivener's error corrected
   4/18/2012  Senate  Committee report: Favorable with amendment Banking and 
                        Insurance (Senate Journal-page 10)
   4/19/2012  Senate  Committee Amendment Adopted (Senate Journal-page 58)
   4/20/2012          Scrivener's error corrected
   4/24/2012  Senate  Amended (Senate Journal-page 28)
   4/24/2012  Senate  Read second time (Senate Journal-page 28)
   4/24/2012  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 28)
   4/25/2012  Senate  Amended (Senate Journal-page 26)
   4/25/2012  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 26)
   4/25/2012  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 26)
   4/26/2012  House   Introduced and read first time (House Journal-page 23)
   4/26/2012  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 23)
   5/17/2012  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (House Journal-page 6)
   5/23/2012  House   Debate adjourned until Thur., 05-24-12 
                        (House Journal-page 31)
   5/24/2012  House   Debate adjourned until Tues., 05-29-12 
                        (House Journal-page 119)
   5/29/2012  House   Amended (House Journal-page 7)
   5/29/2012  House   Read second time (House Journal-page 7)
   5/29/2012  House   Roll call Yeas-105  Nays-0 (House Journal-page 9)
   5/30/2012  House   Debate adjourned until Thur., 05-31-12 
                        (House Journal-page 14)
   5/31/2012  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 21)
    6/7/2012  Senate  Non-concurrence in House amendment 
                        (Senate Journal-page 158)
    6/7/2012  Senate  Roll call Ayes-1  Nays-41 (Senate Journal-page 158)
    6/7/2012  House   House insists upon amendment and conference committee 
                        appointed Reps. Sandifer, Brady, Bales
    6/7/2012  Senate  Conference committee appointed Setzler, O'Dell, and 
                        Hayes (Senate Journal-page 160)
   6/19/2012  Senate  Conference report adopted (Senate Journal-page 139)
   6/19/2012  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 139)
   6/19/2012  House   Conference report received and adopted 
                        (House Journal-page 78)
   6/19/2012  House   Roll call Yeas-111  Nays-0 (House Journal-page 79)
   6/19/2012  House   Ordered enrolled for ratification (House Journal-page 84)
   6/22/2012          Ratified R 315
   6/26/2012          Signed By Governor
   7/17/2012          Effective date 06/26/12
   7/17/2012          Act No. 281

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/16/2012
2/28/2012
4/18/2012
4/19/2012
4/20/2012
4/24/2012
4/25/2012
5/17/2012
5/29/2012
6/19/2012


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A281, R315, S1229)

AN ACT TO AMEND SECTION 38-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF INSURANCE ADJUSTERS, SO AS TO PROVIDE SPECIFIC EXEMPTIONS FROM LICENSURE, TO DEFINE TERMS, AND TO PROVIDE AN ADJUSTER LICENSED UNDER THIS CHAPTER MUST REVIEW THE DENIAL OF A CLAIM CONTESTED BY AN INSURED.

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

Licensure of insurance adjusters, exemptions, definitions, and reviews

SECTION    1.    Section 38-47-10 of the 1976 Code is amended to read:

"Section 38-47-10.    (A)    An individual commonly called an adjuster, adjusting losses for an insurer licensed to do business in this State, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The director or his designee shall satisfy himself that each applicant for an adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and his duties as an adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued to a nonresident adjuster who resides in a state refusing to license South Carolina adjusters.

(B)    The following individuals are exempt from licensure as an adjuster:

(1)    A producer licensed under Chapter 43 is not required to comply with this section.

(2)    An individual who, for portable electronics insurance, collects claim information from, or furnishes claim information to, insureds or claimants and who conducts data entry, including entering data into an automated claims adjudication system, provided that no more than twenty-five such persons are under the supervision of a licensed adjuster or a licensed producer who is otherwise exempt from licensure pursuant to paragraph (1).

(C)    For purposes of this section, 'automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of portable electronics insurance claims that:

(1)    only may be used by a licensed adjuster, licensed producer, or supervised individuals operating pursuant to this paragraph;

(2)    must comply with all claims payment requirements of the insurance code; and

(3)    must be certified as compliant with this section by a licensed independent adjuster who is an officer of the entity or an affiliate of the entity that employs an individual operating pursuant to this section.

(D)    If the insured's claim is denied and the insured contests the denial, an individual licensed under this section must review the denial with the insured."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2012.

Approved the 26th day of June, 2012.

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This web page was last updated on Tuesday, December 10, 2013 at 10:08 A.M.