Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 1204
STATUS INFORMATION
General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\dka\3785dw08.doc
Introduced in the Senate on March 13, 2008
Currently residing in the Senate Committee on Banking and Insurance
Summary: Department of Insurance
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/13/2008 Senate Introduced and read first time SJ-2 3/13/2008 Senate Referred to Committee on Banking and Insurance SJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 TO TITLE 38 SO AS TO ESTABLISH REQUIREMENTS FOR THE DEPARTMENT OF INSURANCE TO OBTAIN ACCESS TO CRIMINAL HISTORY INFORMATION AND SECURE REPORTS FROM THE FEDERAL BUREAU OF INVESTIGATION IN ORDER TO CHECK THE CRIMINAL HISTORY FOR CERTAIN APPLICANTS LICENSED BY THE DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 38 of the 1976 Code is amended by adding:
Section 38-40-10. (A) The purpose of this chapter is to establish requirements to obtain access to the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) criminal history record information and secure information or reports from the Criminal Justice Information Services Division of the FBI.
(B) The scope of this chapter is to establish the applicability of the criminal history record check to applicants for a resident insurance producer, adjuster, public adjuster, physical damage appraiser, bail bondsman, or runner license.
Section 38-40-20. (A) As used in this chapter:
(1) 'Applicant' means a natural person applying for any of the following:
(a) an initial resident license as an insurance producer, adjuster, public adjuster, physical damage appraiser, bail bondsman, or runner;
(b) an additional line of authority under an existing resident insurance applicant's license where a criminal history record check has not been obtained;
(c) a resident insurance producer, adjuster, public adjuster, physical damage appraiser, bail bondsman, or runner's license under change of home state provisions.
(2) 'Fingerprints' mean an impression of the lines on the finger taken for the purpose of identification. The impression may be electronic or in ink converted to an electronic format.
(3) 'Director' means that person as defined by Section 38-1-20(16).
(B) This chapter does not apply to a person applying for renewal or continuation of a resident insurance producer, adjuster, public adjuster, physical damage appraiser license or to a nonresident insurance producer, adjuster, public adjuster, physical damage appraiser, bail bondsman, or runner's license.
Section 38-40-30. (A) In order to make a determination of license eligibility, the director or his designee is authorized to require fingerprints of applicants. Each applicant shall submit his fingerprints and the fee required to perform the criminal history record checks to the South Carolina Law Enforcement Division (SLED) and the FBI for state and national criminal history record checks.
(B) The director or his designee shall require a criminal history record check on each applicant in accordance with this chapter. The director or his designee shall require each applicant to submit a full set of fingerprints, including a scanned file from a hard copy fingerprint, in order for the director or his designee to obtain and receive National Criminal History Records from the FBI Criminal Justice Information Services Division.
(C) The director or his designee may contract for the collection and transmission of fingerprints authorized under this chapter. The director or his designee may authorize a reasonable processing fee to be charged by the contractor. If the director or his designee engages the services of a contractor, the director or his designee may order the applicant to pay the contractor directly for the services provided.
(D) The director or his designee is authorized to receive criminal history record information instead of SLED that submitted the fingerprints to the FBI.
Section 38-40-40. The director or his designee shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under the chapter as confidential and shall apply security measures consistent with the Criminal Justice Information Services Division of the FBI standards for the electronic storage of fingerprints and necessary identifying information and limit the use of records only for the purposes authorized by this chapter. The fingerprints and any criminal history record information is not subject to subpoena, other than one issued in a criminal action or investigation by a court of competent jurisdiction. It is confidential by law and privileged, and is not subject to discovery or admissible in evidence in a private civil action.
Section 38-40-50. The director or his designee may promulgate regulations that are necessary or property to carry out the purposes of this chapter."
SECTION 2. Upon approval by the Governor, this act takes effect March 1, 2009.
This web page was last updated on Monday, October 10, 2011 at 1:31 P.M.