reglab/housing_qa huggingface dataset:
SC Code § 38-3-240 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 3 - The Department Of Insurance|Section 38-3-240. Conversion of licenses to biennial fee collection period; particular fee periods.

 (A) Beginning July 1, 1992, the department shall begin converting certain licenses required by statute or regulation to a biennial license fee collection period. These license fees must be collected as follows:  (1) All insurers transacting business in this State including reciprocals, fraternal benefit associations, mutual insurers doing a property business only in no more than three counties, mutual insurers doing a property business only in a single county, and approved reinsurers shall pay a license fee for two years to the department by March 1, 1994, and every two years after that time by March first every even-numbered year.  (2) An agency transacting the business of insurance in this State shall pay a license fee for two years to the department within thirty days after January 1, 1994, and every two years after that time within thirty days after January first every even-numbered year.  (3) A broker transacting the business of insurance in this State shall pay a license fee for two years to the department within thirty days after May 1, 1994, and every two years after that time within thirty days after May first every even-numbered year.  (4) An adjuster transacting business in this State shall pay a license fee for two years to the department within thirty days after August 1, 1993, and every two years after that time within thirty days after August first every odd-numbered year.  (5) A motor vehicle damage appraiser transacting business in this State shall pay a license fee for two years to the department within thirty days after October 1, 1993, and every two years after that time within thirty days after October first every odd-numbered year.  (6) An agent transacting the business of insurance in this State shall pay a license fee for two years to the department within thirty days after September 1, 1992, and every two years after that time within thirty days after September first every even-numbered year.  (B) The fees described in this section must be earned fully when paid and are not refundable, proratable, or transferable. They must be collected in the amount and manner prescribed by statute or regulation before July 1, 1992, until the dates prescribed in subsection (A) when collections must be made pursuant to that subsection.  HISTORY: 1992 Act No. 501, Part II Section 11A; 1993 Act No. 181, Section 532; 1998 Act No. 411, Section 1.
SC Code § 38-3-410 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 3 - The Department Of Insurance|Section 38-3-410. Promulgation of emergency regulations on declaration of state of emergency.

 (A) If the Governor declares a state of emergency pursuant to Section 1-3-420, the director may issue one or more emergency regulations pursuant to Section 1-23-130(A) applicable to all insurance companies, entities, and persons, as defined in Section 38-1-20, that are subject to Title 38.  (B)(1) The provisions of Section 1-23-130(A), (B), and (D) are applicable to emergency regulations promulgated under this section.  (2) The provisions of Section 1-23-130(C) are not applicable to emergency regulations promulgated under this section. An emergency regulation promulgated under this section becomes effective upon issuance and continues for one hundred twenty days unless terminated sooner by the director. The director may extend an emergency regulation for additional periods of one hundred twenty days, whether or not the General Assembly is in session, for as long as he determines that the conditions that gave rise to the emergency regulation still exist. Each extension of the emergency regulation must be published in the State Register as provided in Section 1-23-130(D). By concurrent resolution, the General Assembly may terminate an emergency regulation issued under this section.  (C) The text of an emergency regulation promulgated under this section together with a statement explaining how the emergency regulation facilitates recovery from the emergency must be published in the State Register as provided in Section 1-23-130(D).  HISTORY: 2007 Act No. 78, Section 4.B, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.
SC Code § 38-3-420 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 3 - The Department Of Insurance|Section 38-3-420. Adoption of procedures to facilitate recovery by way of emergency regulations.

 (A) By an emergency regulation issued pursuant to Section 38-3-410, the director may adopt any procedure that facilitates recovery from the emergency and is fair under the circumstances if the:  (1) procedure provides at least the procedural protection given by other statutes, the Constitution of this State, or the United States Constitution;  (2) department takes only that action necessary to protect the public interest under the emergency procedure; and  (3) department publishes in writing, at the time of or before its action, the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances.  (B) Subject to applicable constitutional and statutory provisions, an emergency regulation becomes effective immediately on filing. After notice of the emergency regulation is published in the State Register as provided in Section 1-23-130(D) and Section 38-3-410, then the department's findings of immediate danger, necessity, and procedural fairness are judicially reviewable under Section 38-3-210.  HISTORY: 2007 Act No. 78, Section 4.B, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.
SC Code § 38-3-430 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 3 - The Department Of Insurance|Section 38-3-430. Promulgation of standardized requirements applicable to insurers by emergency regulation; areas to be addressed; issuance of orders following natural disaster.

 (A) The department may promulgate by emergency regulation, pursuant to Section 38-3-410, standardized requirements that may be applied to insurers as a consequence of a hurricane or other natural disaster. The emergency regulations must address the following areas:  (1) claims reporting requirements;  (2) grace periods for payment of premiums and performance of other duties by insureds;  (3) temporary postponement of cancellations and nonrenewals; and  (4) any other rule the director considers necessary.  (B) The emergency regulations adopted under this section shall require the department to issue an order within ten days after the occurrence of a hurricane or other natural disaster specifying, by line of insurance, which of the standardized requirements apply, the geographic areas in which they apply, the time at which applicability commences, and the time at which applicability terminates. An order issued pursuant to this subsection must comply with the requirements of Section 1-23-140.  HISTORY: 2007 Act No. 78, Section 4.B, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.
SC Code § 38-3-440 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 3 - The Department Of Insurance|Section 38-3-440. Promulgation of regulations to implement article.

 The department may promulgate the regulations pursuant to the South Carolina Administrative Procedures Act, Chapter 23 of Title 1, necessary to implement the provisions of this article.  HISTORY: 2007 Act No. 78, Section 4.B, eff June 11, 2007, applicable to taxable years beginning after December 31, 2006.
SC Code § 38-5-10 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-10. Insurers must be licensed and supervised; exceptions.

 Every insurer doing business in this State must be licensed and supervised by the director or his designee, with the following exceptions:  (a) Without excluding other activities which may not constitute doing business in this State, a foreign or alien insurer is not considered to be doing business in this State, for purposes of this chapter, or Chapter 7, 13, 25, or 27, solely by reason of carrying on in this State any one or more of the following activities:  (1) Maintaining bank accounts.  (2) Creating or acquiring evidences of debt, mortgages, or liens on real or personal property, and enforcing rights in connection therewith in any action or proceeding, whether judicial, administrative, or otherwise.  (3) Owning and controlling a subsidiary corporation incorporated in or transacting business within this State.  (b) [Reserved]  HISTORY: 1947 (45) 322; 1952 Code Section 37-101; 1962 Code Section 37-101; 1964 (53) 1796; 1976 Code Section 38-5-10; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-20 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-20. Certain charitable, religious, and other corporations authorized to issue annuities or pay lump-sum benefits without being subject to insurance laws.

 A charitable, religious, benevolent, or educational corporation, not operating for profit and in active operation for at least five years, may receive transfers of property conditioned upon its agreement to pay an annuity or lump-sum benefit to the transferor or his nominee without being subject to the insurance laws of this State. No corporation operating for profit, including nursing homes or any other type of business, is permitted to issue charitable or gift annuities without the director's or his designee's approval.  HISTORY: Former 1976 Code Section 38-5-20 [1962 Code Section 37-109; 1964 (53) 2051; 1968 (55) 2497; 1979 Act No. 40, Section 1; 1979 Act No. 120, Section 1] recodified as Sections 38-1-20, 38-5-30, and 38-75-510 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-1-40 [1962 Code Section 37-4; 1967 (55) 399; 1981 Act No. 182] recodified as Section 38-5-20 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-30. Kinds of insurance for which an insurer may be licensed.

 The director or his designee may license insurers, subject to other requirements of existing insurance laws, to transact the following kinds of insurance in this State:  (a) life insurance and annuities;  (b) accident and health insurance;  (c) property insurance;  (d) casualty insurance;  (e) surety insurance;  (f) marine insurance;  (g) title insurance;  (h) multiple lines insurance, meaning any two or more of the kinds of insurance listed in items (b), (c), (d), (e), and (f).  Each license issued is for an indefinite term unless revoked or suspended.  HISTORY: Former 1976 Code Section 38-5-30 [1962 Code Section 37-109.1; 1964 (53) 2051] recodified as Section 38-5-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-20 [1962 Code Section 37-109; 1964 (53) 2051; 1968 (55) 2407; 1979 Act No. 40, Section 1] and former Section 38-5-210 [1986 Act No. 540, Part II, Section 31 (H)] recodified as Section 38-5-30 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533; 2002 Act No. 228, Section 2, eff May 1, 2002.
SC Code § 38-5-40 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-40. Kinds of insurance for which life insurer may be licensed.

 No life insurer may be licensed to write any other kinds of insurance listed in Section 38-5-30 except accident and health insurance. However, any life insurer licensed to transact other kinds of insurance immediately prior to March 18, 1964, shall continue to be so licensed if otherwise qualified.  HISTORY: Former 1976 Code Section 38-5-40 [1962 Code Section 37-109.2; 1964 (53) 2051] recodified as Section 38-5-50 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-30 [1962 Code Section 37-109.1; 1964 (53) 2051] recodified as Section 38-5-40 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-50. Certain insurers may not be licensed to write life insurance.

 No insurer licensed to write any of the kinds of insurance listed in items (c), (d), (e), (f), (g), and (h) of Section 38-5-30 may be licensed to write life insurance. However, any life insurer licensed to transact other kinds of insurance immediately prior to March 18, 1964, shall continue to be so licensed if otherwise qualified.  HISTORY: Former 1976 Code Section 38-5-50 [1947 (45) 322; 1952 Code Section 37-102; 1962 Code Section 37-102] recodified as Section 38-5-80 and Section 38-5-90 by 1987 Act No. 155 Section 1; Former 1976 Code Section 38-5-40 [1962 Code Section 37-109.2; 1964 (53) 2051] recodified as Section 38-5-50 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-60 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-60. Qualifications to become an approved reinsurer.

 For purposes of calculating deductions for reserves, insurers not licensed in this State may be approved as reinsurers by the director or his designee for an indefinite term only if:  (1) Upon initial application a fee of four hundred dollars is enclosed, and, every two years after that time, a fee of four hundred dollars is paid by March first.  (2) There is filed with the department a power of attorney approved as to form by the director or his designee and authorizing the director to accept service of process in behalf of the reinsurer.  (3) There is filed with the department the reinsurer's annual statement and the reinsurer's most recent report of examination, and after that time each annual statement and report of examination is filed.  (4) The reinsurer meets the capital and surplus requirements of South Carolina law with respect to the lines to be reinsured.  HISTORY: Former 1976 Code Section 38-5-60 [1947 (45) 322; 1952 Code Section 37-103; 1962 Code Section 37-103] recodified as Section 38-5-80 and Section 38-5-90 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-770 [1947 (45) 322; 1948 (45) 1734; 1949 (46) 600; 1958 (50) 1608; 1960 (51) 1554; 1962 Code Section 37-188; 1964 (53) 1835; 1964 (53) 1835; 1969 (56) 210; 1975 (59) 182; 1978 Act No. 601; 1979 Act No. 18; 1982 Act No. 373] recodified as Section 38-5-60 by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11C; 1993 Act No. 181, Section 533.
SC Code § 38-5-70 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-70. Appointment of director as attorney for service of process.

 Every insurer shall, before being licensed, appoint in writing the director and his successors in office to be its true and lawful attorney upon whom all legal process in any action or proceeding against it must be served and in this writing shall agree that any lawful process against it which is served upon this attorney is of the same legal force and validity as if served upon the insurer and that the authority continues in force so long as any liability remains outstanding in the State. Copies of the appointment, certified by the director, are sufficient evidence of the appointment and must be admitted in evidence with the same force and effect as the original might be admitted.  HISTORY: Former 1976 Code Section 38-5-70 [1952 Code Section 37-104; 1947 (45) 322; 1962 Code Section 37-104] recodified as Section 38-5-80 and Section 38-5-90 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-80 [1947 (45) 322; 1952 Code Section 37-105; 1962 Code Section 37-105] recodified as Section 38-5-70 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-90 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-90. Additional requirements for issuance of certificate or license to foreign or alien insurer; grounds for revocation or suspension of license.

 Before granting the original certificate of authority or license to a foreign or alien insurer to do business in this State, the director or his designee must be satisfied by proper evidence that:  (a) The insurer is duly qualified to transact business under the laws of this State.  (b) The insurer has filed with him an affidavit of its president or other chief officer that it has not violated this title in the past year and that it accepts the terms and obligations of this title as part of the consideration for license.  (c) The insurer pays all taxes and performs all duties required by law.  (d) The reserves of the insurer are adequate for the protection of policyholders of this State.  (e) The insurer's directors and officers are competent, trustworthy, and have a good business reputation.  (f) The insurer has employed one or more persons with adequate experience and training to manage properly its business and affairs relating to its policies in South Carolina.  (g) The insurer has not entered into any management contract, agency agreement, or other agreement which may materially affect its financial condition so as to render its proceedings hazardous to the public or to its policyholders.  (h) The insurer has made adequate reinsurance arrangements if required.  (i) The insurer's proposed method of operation, when considered in light of its financial condition and the absence of any prior operating experience, will not likely render its proceedings hazardous to the public or to its policyholders.  (j) The insurer is safe and solvent.  (k) The insurer's dealings are fair and equitable.  (l) The insurer conducts its business in a manner not contrary to the public interest.  If subsequently the director or his designee is of the opinion that a condition exists which would have prohibited him from issuing a certificate of authority or license to the insurer, then that condition also constitutes a ground for license revocation under Section 38-5-120.  HISTORY: Former 1976 Code Section 38-5-90 [1947 (45) 322; 1952 Code Section 37-106; 1962 Code Section 37-106, recodified as Section 38-5-80 and Section 38-5-90 by 1987 Act No. 155, Section 1; Former 1976 Code Sections 38-5-50 [1947 (45) 322; 1952 Code Section 37-102; 1962 Code Section 37-102], 38-5-60 [1947 (45) 322; 1952 Code Section 37-103; 1962 Code Section 37-103], 38-5-70 [1947 (45) 322; 1952 Code Section 37-104; 1962 Code Section 37-104], 38-5-90 [1947 (45) 322; 1952 Code Section 37-106; 1962 Code Section 37-106], 38-5-110 [1947 (45) 322; 1952 Code Section 37-107; 1962 Code Section 37-107], and 38-5-120 [1962 Code Section 37-107.1; 1971 (57) 131] recodified as Section 38-5-90 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533; 2000 Act No. 312, Section 2.
SC Code § 38-5-100 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-100. Foreign or alien insurers with names identical with or similar to others not qualified.

 No foreign or alien insurer may be licensed to do business in this State when its name is identical with that of any active insurer previously licensed to do business in this State which has engaged in business therein for one year or more. No foreign or alien insurer may be licensed to do business in this State when its name is so nearly similar to that of any active insurer previously licensed to do business in this State which has engaged in business therein for one year or more so as to lead to confusion and uncertainty.  HISTORY: Former 1976 Code Section 38-5-100 [1962 Code Section 37-106.1; 1971 (57) 314] recodified as Section 38-5-80 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-130 [1947 (45) 322; 1952 Code Section 37-108; 1962 Code Section 37-108] recodified as Section 38-5-100 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-110 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-110. Approval of charters or amendments of charter.

 It is unlawful for the Secretary of State to issue any charter or grant any amendments of charter to any insurer or permit any foreign or alien insurer to do business within this State without the written approval of the director or his designee.  HISTORY: Former 1976 Section 38-5-110 [1947 (45) 322; 1952 Code Section 37-107; 1962 Code Section 37-107] recodified as Section 38-5-90 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-140 [1947 (45) 322; 1952 Code Section 37-110; 1957 (50) 92; 1962 Code Section 37-110] recodified as Section 38-5-110 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-130 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-130. Monetary penalty in lieu of license revocation or suspension.

 The director or his designee may, in lieu of license revocation or suspension as provided by Section 38-5-120, impose a monetary penalty as provided in Section 38-2-10 for each violation or failure of compliance or refusal to submit or perform as prescribed therein. Series of acts by an insurer which merely implement a basic violation and are not separate and distinct violations of an independent nature are considered to be part of the basic violation and only one penalty may be imposed thereon.  HISTORY: Former 1976 Code Section 38-5-130 [1947 (45) 322; 1952 Code Section 37-108; 1962 Code Section 37-108] recodified as 38-5-100 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-165 [1962 Code 37-112.1; 1977 Act No. 61] recodified as Section 38-5-130 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 4; 1993 Act No. 181, Section 533.
SC Code § 38-5-140 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-140. Opportunity for hearing.

 Unless the grounds for revocation relate only to the financial condition or soundness of the insurer or to a deficiency in its assets, the director or his designee shall notify the insurer not less than thirty days before revoking its authority to do business in this State and he must specify in the notice the particulars of the alleged violation of the law or its charter or grounds for revocation and a proper opportunity must be offered the insurer to be heard.  HISTORY: Former 1976 Code Section 38-5-140 [1947 (45) 322; 1952 Code Section 37-110; 1957 (50) 92; 1962 Code Section 37-110] recodified as Section 38-5-110 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-5-170 [1947 (45) 322; 1952 Code Section 37-113; 1962 Code Section 37-113] recodified as Section 38-5-140 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.
SC Code § 38-5-150 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 5 - Authority And Requirements To Transact Business|Section 38-5-150. Funds may not be paid during suspension without approval.

 While the certificate of authority is suspended, no domestic insurer or any of its officers may pay out any funds belonging to the insurer without first receiving the director's or his designee's approval.  HISTORY: Former 1976 Code Section 38-5-150 [1947 (45) 322; 1952 Code Section 37-111; 1962 Code Section 37-111] has no comparable provisions in 1987 Act No. 155; Former 1976 Code Section 38-5-180 [1947 (45) 322; 1952 Code Section 37-114; 1962 Code Section 37-114] recodified as Section 38-5-150 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 533.