South Carolina S 215: Education Finance Act

Bill Text

2025-2026 Bill 215 Text of Previous Version (Jan. 15, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 215

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 38-77-122, RELATING TO THE ISSUANCE OF AUTOMOBILE INSURANCE COVERAGE 
AND THE AMOUNT OF AUTOMOBILE INSURANCE PREMIUMS, SO AS TO PROVIDE THAT INSURERS 
MAY NOT USE A NUMERICAL, CREDIT-BASED INSURANCE SCORE OR OTHER CREDIT RATING AS 
A BASIS FOR DETERMINING COVERAGE OR THE AMOUNT OF A PREMIUM; AND BY AMENDING 
SECTION 38-77-123(A), RELATING TO RENEWALS OF AUTOMOBILE INSURANCE POLICIES, SO 
AS TO PROVIDE THAT INSURERS MAY NOT USE A NUMERICAL, CREDIT-BASED INSURANCE 
SCORE OR OTHER CREDIT RATING AS A BASIS FOR DETERMINING THE RENEWAL OF A POLICY 
FOR AUTOMOBILE INSURANCE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 38-77-122 of the S.C. Code is amended to read:

 Section 
38-77-122. (A)(1) 
No insurer or agent shall refuse to issue an automobile insurance policy as 
defined in Section 38-77-30 because of any one or more of the following 
factors: the age,; sex,; location of residence in 
this State,; race,; color,; creed,; 
national origin,; 
ancestry,; marital 
status,; numerical, credit-based 
insurance score or other credit rating; or income level. No insurer or 
agent shall refuse to issue an automobile insurance policy as defined in 
Section 38-77-30 solely because of any one of the following factors: the 
previous refusal of automobile insurance by another insurer, prior purchase of 
insurance through the Associated Auto Insurers Plan, or lawful occupation, 
including the military service, of the person seeking the coverage. Nothing in 
this section prohibits any insurer from limiting the issuance of motor vehicle 
insurance policies only to persons engaging in or who have engaged in a 
particular profession or occupation, or who are members of a particular 
religious sect.

 (2) Nothing in this section 
prohibits any insurer from setting rates in accordance with relevant actuarial 
data.

 (B) 
In determining the premium rates to be charged for an automobile insurance 
policy as defined in Section 38-77-30, it is unlawful to consider race,; color,; creed,; 
religion,; national 
origin,; ancestry,; location of residence in 
this State,; economic 
status,; numerical, credit-based 
insurance score or other credit rating; or income level. Nor may an 
insurer, agent, or broker refuse to write or renew an automobile insurance 
policy as defined in Section 38-77-30 based upon age,; sex,; 
race,; color,; creed,; religion,; national origin,; ancestry,; location of residence in this State,; economic status,; numerical, credit-based insurance 
score or other credit rating; or income level. However, nothing in this 
subsection may preclude the use of a territorial plan approved by the 
director. Any insurer or agent who violates this section shall be subject to 
the penalties as provided in Section 38-2-10. If the director of the 
Department of Insurance or his designee finds that an insurer or agent is 
participating in a pattern of unfair discrimination, the director or his 
designee may impose a fine of up to two hundred thousand dollars. Provided, 
however, if the unfair discrimination is required by an insurer, only the 
insurer is subject to the penalty as long as the agent of the insurer has 
reported the pattern of unfair discrimination to the department. The director 
or his designee at any time may examine an insurer or agent to enforce this 
section. The expense of examination must be paid by the insurer, agent, or 
broker.

SECTION 2. Section 38-77-123(A) of the S.C. Code is amended to 
read:

 (A)(1) No insurer shall refuse to renew 
an automobile insurance policy because of any one or more of the following 
factors:

 (a) 
age;

 (b) 
sex;

 (c) 
location of residence in this State;

 (d) 
race;

 (e) 
color;

 (f) 
creed;

 (g) 
national origin;

 (h) 
ancestry;

 (i) 
marital status;

 (j) numerical, credit-based insurance 
score or other credit rating; or

 (j)(k) income level.

 (2) 
No insurer shall refuse to renew an automobile insurance policy solely because 
of any one of the following factors:

 (a) 
lawful occupation, including the military service;

 (b) 
lack of driving experience or number of years of driving experience;

 (c) 
lack of supporting business or lack of the potential for acquiring such 
business;

 (d) 
one or more accidents or violations that occurred more than thirty-six months 
immediately preceding the upcoming anniversary date;

 (e) 
one or more claims submitted under the uninsured motorists coverage of the 
policy where the uninsured motorist is known or there is physical evidence of 
contact;

 (f) 
single claim by a single insured submitted und