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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - SOUTH CAROLINA

South Carolina State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 3554

241

Motor vehicle insurance - commercial auto

Relates to a self-insurer for motor vehicles, relates to the public taxi plate, provides that the owner of a taxi that qualifies as a self-insurer must issue to each operator of the taxi a certificate of insurance which must be maintained in the taxi while it is in operation, requires an irrevocable letter of credit, permits a letter of credit in lieu of a cash deposit. Effective: March 15, 2006.

HB 3996

332

Captives

Relates to a special purpose financial captives, health maintenance organizations, insurance reporting requirements, the medical, surgical and mental health benefits, the small employer insurer reinsurance program, insurance rate level changes and filings, insurance consumer information system, Medicare supplemental health insurance coverage, reinsurance, insurance taxation, and captive insurance. Effective: June 1, 2006.

HB 4391

358

Policy form filings

Authorizes an insurance company to advertise a policy in a foreign language, but only offer the policy in English. Effective: June 9, 2006.

HB 4446

297

Tax issues

Allows a ten-year moratorium on state corporate income taxes or insurance premium taxes to a taxpayer that makes at least ninety percent of a total investment in this state and creates jobs in the moratorium county, allows the moratorium when that taxpayer creates at least one hundred new jobs and invests at least one hundred fifty million dollars in a manufacturing facility in a second county designated as distressed, least developed, or underdeveloped, includes a group of affiliated taxpayers. Effective: May 31, 2006.

HB 4474

329

Workers' compensation - fund management

Clarifies the State Budget and Control Board's action taken on November 1, 2005, relates to the Second Injury Fund's assessment for Workman's Compensation. Effective: March 29, 2006.

HB 4622

395

Policy form filings

Relates to the form to be used when optional automobile insurance coverages are offered to an insured, so as to provide that the form must not necessarily be completed by the insured, but must be signed by the insured to be used as evidence of informed selection, relates to confidentiality of information received by the department of insurance, so as to refer to information received from state, federal, and foreign regulatory officials. Effective: June 14, 2006.

HB 4889

315

Motor vehicle insurance - financial responsibility

Relates to the minimum duration of insurance issued to meet motor vehicle financial responsibility requirements, authorizes cancellation of a contract or insurance policy if the insured fails to pay the premium for the policy or an installment of the premium when it is due, provides a time period for which the contract or policy of insurance must remain in effect. Effective: Aug. 1, 2006.

SB 807

371

Tort reform - construction defects

Relates to professions and occupations, provides procedures for right to cure nonresidential construction defects before a civil action or other remedy provided by law or contract may be instituted or continued. Effective: June 9, 2006.

SB 1038

303

Tort reform - asbestos and silica reform

Provides that, except for claims based on mesothelioma, no person may bring an asbestos or silica claim without first demonstrating a physician's diagnosis of an asbestos or silica-related disease based on analysis of an occupational and exposure history and the person's medical history, limits liability of the seller of a product that contains asbestos or silica where the seller is not the manufacturer, clarifies that this act does not affect the scope of any worker's compensation law. Effective: May 24, 2006.

SB 1163

280

Tort reform - asbestos and silica reform

Enacts the Successor Asbestos-Related Liability Fairness Act, defines certain terms related to asbestos-related claims, limits successor asbestos-related liabilities of a corporation under certain circumstances, provides exceptions to the limitations on successor liability. Effective: May 23, 2006.

SB 1174

327

Workers' compensation - fund management

Relates to the relationship between the Chairman, Executive Assistant for the Judicial Department, and Administrative Director of the Workers' Compensation Commission, eliminates the position of executive assistant for the judicial department, changes the name of the administrative director to the executive director. Effective: June 2, 2006.

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.