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2021 Legislative Session Report

Summary of bills passed this year

The 124th South Carolina General Assembly (2021-2022) adjourned May 13 after passing a handful of insurance-related bills. This is the first of a two-year session so all legislation is still available for consideration if it has not already passed. 

Here is a short recap of what PASSED this session:

H 3585 – The DOI’s Annual Administrative Procedures legislation

There are a number of items in this annual “clean-up” legislation that agents should be aware of:

Changes non-renewal notices to 60 days (eliminates 90-day requirement during hurricane season). This is effective as of April 12, 2021 but insurance companies are expected to begin implementation as they modify filings and receive DOI approval. Watch for notices from your insurance carriers on their individual time frames for this.

Requires sending notice of Workers’ Compensation cancellation to WC Commission. When a WC policy is cancelled – in addition to sending notice to the insured/agent carriers must also notify the WC Commission. This was also effective April 12.

Requires insurance carriers to officially notify the DOI before withdrawing from the state.


S 623 – Auto Rate Filings

This allows carriers to make two personal auto rate filings in a twelve-month period. This is identical to the handling of HO rate filings and was the number one priority for insurance companies. This legislation became effective May 6 and insurance carriers are beginning the process.


H 3586 – Insurance Fraud Investigations 

This was a priority for the Department of Insurance and the industry. It moves insurance fraud investigation from Attorney General to Department of Insurance, establishes Fraud Investigation Division at DOI and increases insurance fraud funding to $2 million.

The funding request has been approved by the House and Senate in their budgets and awaits final budget approval before July 1.

The authorization legislation is still in the Senate and will not be taken up again before January. However, there are indications that the DOI, AG and SLED may be working on an agreement that would not require legislative approval.


S 147 - COVID-19 Liability Safe Harbor Act

This extends limited immunity from COVID-19 liability to businesses that open and “reasonably adhere to public health guidance.”  The legislation is retroactive to March 2020 and expires after the final emergency order from the Governor.