Reference is to Printer's Date 4/25/12-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 38-47-10 of the 1976 Code is amended to read:
"Section 38-47-10.
(A) Every
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)
Agents A producer licensed
under Chapter 43 are 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 or under
Chapter 43 must review the denial with the insured."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.