H*2601 Session 106 (1985-1986)
H*2601(Rat #0209, Act #0139 of 1985) General Bill, By R. Schwartz,
J.F. Anderson, W.S. Anderson, F.X. Archibald, W.D. Arthur, D. Blackwell,
L. Blanding, Boan, J.D. Bradley, T.A. Brett, T.M. Burriss, Carnell,
T.W. Edwards, P. Evatt, J.G. Felder, T. Ferguson, S.R. Foster, P. Freeman,
C.L. Griffin, M.S. Gulledge, J.L. Harris, P.B. Harris, Harvin, D.O. Hawkins,
J.C. Hearn, B.L. Hendricks, J.W. Johnson, H.H. Keyserling, Kirsh, J.R. Klapman,
R.A. Kohn, Martin, J.G. McAbee, R.N. McLellan, Patterson, A.V. Rawl,
R.L. Rigdon, T.F. Rogers, E.C. Stoddard, J.H. Toal, D.C. Waldrop, Wilkins,
D.E. Winstead and R.R. Woods
A Bill to amend Sections 34-29-160, 37-4-108, 37-4-202, 37-4-203, and
38-51-110, Code of Laws of South Carolina, 1976, relating to consumer finance,
the Consumer Protection Code, and insurance so as to regulate credit life
insurance and to require lenders to have licensed agents to answer questions
about credit life and credit accident and health insurance or credit property
or any combination of them.-amended title
03/14/85 House Introduced and read first time HJ-1292
03/14/85 House Referred to Committee on Labor, Commerce and
Industry HJ-1292
05/08/85 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3064
05/14/85 House Amended HJ-3154
05/14/85 House Read second time HJ-3154
05/15/85 House Read third time and sent to Senate HJ-3198
05/16/85 Senate Introduced, read first time, placed on calendar
without reference SJ-2128
05/22/85 Senate Read second time SJ-2203
05/22/85 Senate Unanimous consent for third reading on next
legislative day SJ-2204
05/23/85 Senate Read third time and enrolled SJ-2226
06/03/85 Ratified R 209
06/06/85 Signed By Governor
06/06/85 Effective date 07/01/86
06/06/85 Act No. 139
06/19/85 Copies available
(A139, R209, H2601)
AN ACT TO AMEND SECTIONS 34-29-160, 37-4-108, 37-4-202, 37-4-203, AND
38-51-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCE,
THE CONSUMER PROTECTION CODE, AND INSURANCE SO AS TO REGULATE CREDIT LIFE
INSURANCE AND TO REQUIRE LENDERS TO HAVE LICENSED AGENTS TO ANSWER QUESTIONS
ABOUT CREDIT LIFE AND CREDIT ACCIDENT AND HEALTH INSURANCE OR CREDIT PROPERTY OR
ANY COMBINATION OF THEM.
Be it enacted by the General Assembly of the State of South Carolina:
Refund
SECTION 1. Section 34-29-160 of the 1976 Code is amended by adding after the
third paragraph:
"This section does not require a creditor to grant a refund or credit of
a life insurance premium to the debtor if any refund or credit due to the debtor
under this section is less than two dollars."
Credit life insurance premiums
SECTION 2. Section 34-29-160 of the 1976 Code is amended by adding at the end:
"Credit life insurance premiums for each one hundred dollars of
indebtedness are considered reasonable and may be charged if they are not greater
than the amounts given in the following table times the number of years, or
fraction of a year, that the indebtedness is scheduled to continue, subject to
a minimum charge of two dollars:
Decreasing Balance Level Balance
Individual $ .85 $1.70
Joint Insurance $1.42 $2.84".
Refund
SECTION 3. Subsection (2) of Section 37-4-108 of the 1976 Code is amended to
read:
"(2) This chapter does not require a creditor to grant a refund or credit
to the debtor if any refund or credit due to the debtor under this chapter
amounts to less than two dollars, and except as provided in subsection (1) does
not require the creditor to account to the debtor for any portion of a separate
charge for insurance because:
(a) The insurance is terminated by performance of the insurer's obligation;
(b) The creditor pays or accounts for premiums to the insurer in amounts and
at times determined by the agreement between them; or
(c) The creditor receives directly or indirectly under any policy of
insurance a gain or advantage not prohibited by law."
Amount of insurance
SECTION 4. Item (a) of subsection (1) of Section 37-4-202 of the 1976 Code is
amended to read:
"(a) In the case of consumer credit insurance providing life coverage,
the amount of insurance may not initially exceed the debt and, if the debt is
payable in installments, may not at any time exceed the greater of the scheduled
or actual amount of the debt. In the case of a consumer lease contract, the
residual value of the consumer credit lease may be included in the debt, however,
the lessor shall not require the lessee to buy insurance covering the residual
value of the leased item; or".
Premiums considered reasonable
SECTION 5. Section 37-4-203 of the 1976 Code is amended by adding at the end:
"(5) Credit life insurance premiums for each one hundred dollars of
indebtedness are considered reasonable and may be charged if they are not greater
than the amounts given in the following table times the number of years, or
fraction of a year, that the indebtedness is scheduled to continue, subject to
a minimum charge of two dollars:
Decreasing Balance Level Balance
Individual $ .85 $1.70
Joint Insurance $1.42 $2.84".
Application
SECTION 6. Section 38-51-110 of the 1976 Code is amended to read:
"Section 38-51-110. Before being issued a license to do business as an
agent in this State for any insurance company, as defined in Section 38-1-20,
each applicant shall make written application for the license upon forms to be
furnished by the Chief Insurance Commissioner and all information on the form as
required by the Chief Insurance Commissioner must be subscribed to by the
applicant under oath. No business may be done by the applicant except following
issuance of an agent's license and no such license may be issued until the Chief
Insurance Commissioner has determined that the applicant is qualified as an
insurance agent, generally, and is particularly qualified for the line of
business in which the applicant proposes to engage. The Chief Insurance
Commissioner shall promulgate regulations setting forth qualifying standards of
agents as to all lines of business and shall require the local agent applicant
to stand a written examination, but the Chief Insurance Commissioner may waive
the examination with respect to applicants who have achieved the designations of
Chartered Property and Casualty Underwriter (CPCU) or Chartered Life Underwriter
(CLU); and the Chief Insurance Commissioner may, at his discretion, waive such
examination, and issue temporary licenses for a period not to exceed ninety days,
upon demonstrated need. No agent of a common carrier who sells only trip
transportation ticket policies of accident and health insurance or baggage
insurance on personal effects is required to stand a written examination. No
person who is a salaried employee and acts as an agent for a bank, savings and
loan association, savings bank, finance company, trust company, credit union,
automobile dealer, or other company handling credit transactions operating in
this State who writes credit life, credit accident and health insurance, credit
property or any combination of them in connection with a loan or other credit
transaction is required to stand a written examination. Any bank, finance
company or other company handling credit transactions operating in this State and
utilizing one or more credit life or accident and health or credit property
agents in a particular geographical area who are licensed without having taken
the written examination is required to have readily available at least one credit
life or accident and health or credit property agent to answer customers'
questions concerning credit life, credit accident and health insurance, or credit
property, or any combination of them. The Chief Insurance Commissioner, subject
to item (e) if he is assured of the honesty and trustworthiness of the applicant
by the company which he shall represent, shall issue a nonrenewable temporary
life insurance agent's license valid for ninety days without requiring the
applicant to pass a written examination, as follows:
(a) A temporary life insurance agent's license to the executor or
administrator of the estate of a deceased person who at the time of his death was
a licensed life insurance agent.
(b) A temporary life insurance agent's license to a surviving next of kin of
such a deceased person, if no administrator or executor has been appointed and
qualified, but any license issued under this item must be revoked upon issuance
of a license to an executor or administrator under item (a).
(c) A temporary life insurance agent's license to an applicant who has filed
a written application for a license on forms furnished by the Commissioner where
the applicant will actually collect the premiums on debit life and health
insurance contracts during the period of the temporary license. The license
shall, with respect to the applicant's solicitation and sales activities during
the license period, authorize only the solicitation and sale of debit life and
health insurance contracts; if the temporary license is not received from the
Commissioner within fifteen days from the date the application was sent to the
Commissioner, by certified or registered mail, the company may assume that the
temporary license will be issued in due course. For the purpose of this
subsection a debit life and health insurance contract means a contract for which
the premiums are payable at monthly or more frequent intervals directly by the
owner, or by a person representing the owner, to a representative of the company.
(d) A temporary credit life and accident and health or credit property
insurance agent's license to an applicant who has filed a written application for
a license on forms furnished by the Commissioner, where the applicant is applying
for a credit life and credit accident and health or credit property insurance
license. The license shall, with respect to the applicant's solicitation and
sales activities during the license period, authorize only the solicitation and
sale of credit life and accident and health or credit property insurance
contracts. If the temporary license is not received from the Commissioner within
fifteen days from the date the application was mailed to the Commissioner by
certified or registered mail, the company may assume that the temporary agent's
license will be issued in due course. For the purpose of this item, a credit
insurance agent is one who represents an insurer with any financial institution,
such as a bank, savings and loan association, savings bank, finance company,
trust company, credit union, and automobile dealer or other company and who does
not devote all of his time to the insurance business.
(e) If more than twenty-five percent of the temporary licensees of a company
fail to receive a permanent license, not counting those who fail the written
examination twice, in any twelve-month period it is prima facie evidence that the
company is abusing the privilege of obtaining temporary licenses. Upon a
determination of abuse being made, following a public hearing as provided by law,
no temporary license may be issued for twenty-four months following the month of
the determination of abuse on behalf of such a company."
Time effective
SECTION 7. This act shall take effect July 1, 1986. |