Late Premium Reporting by South Carolina Bail Bondsmen 2026-04

South Carolina Department of Insurance Capitol Center 1201 Main Street, Suite 1000 Columbia, South Carolina 29201 Mailing Address: P.O. Box 100105, Columbia, S.C. 29202-3105 Telephone: (803) 737-6160 BULLETIN NUMBER 2026-04 HENRY MCMASTER Governor MICHAEL WISE Director TO: All Licensed Insurance Companies and Producers Transacting Surety Bond Business in the State of South Carolina FROM: Michael Wise ~ u~ Director of Insurance SUBJECT: Late Premium Reporting by South Carolina Bail Bondsmen DATE: July 30, 2026 I. PURPOSE Section 38-53-310 requires surety and professional bondsmen to file reports with the clerk of court or their appointed insurer detailing the bonds that have been written or executed by the bondsman. The Department continues to receive reports from county clerks about bondsmen failing to comply with certain reporting provisions of the law. The purpose of this Bulletin is to require surety insurers to report the failure of surety bondsmen to remit premiums within 30 days for executed bonds as required by S.C. Code Ann. § 3 8-53-31 0(B) (2015). II. DISCUSSION As you are aware, licensed surety bondsmen represent surety, or insurance, companies, which issue bail bonds. This type of bail bond is a contract wherein the insurance or surety company, which is ultimately liable on the full amount of the bond, contracts with a surety bondsmen, who promises to indemnify the state for forfeitures and related costs on bonds written by him or her if the defendant fails to make any scheduled court-ordered appearances. South Carolina law requires surety bondsmen be appointed by the insurer it represents and the insurer is responsible for the conduct of its producers. 1 Accordingly, surety bondsmen are required to provide copies of documents relating to a bail transaction to the defendant and to retain all pertinent documents at his or her place of business for 5 years beyond the completion of all 1 All business transacted in this state by insurers must be transacted by their appointed producers licensed in this state. S.C. Code Ann. § 38-43-50 (2015). Insurers are required to appoint producers and to certify that they have investigated the character and records of the applicant and that the applicant is trustworthy and qualified to act as its producer. The producer is prohibited from acting as the agent of the insurer unless the insurance producer becomes the appointed agent of the insurer. parts of a bail transaction. Additionally, the surety bondsman has a statutory obligation to report to the surety insurer for its records information about the bonds written. On June 20, 2023, the Bail Bond Reform Act (Act) was signed into law. The Act amended numerous provisions of South Carolina law pertaining to bail bonds, pretrial release, electronic monitoring, and other related criminal procedures, including provisions within Title 38, Chapter 53. The Act requires each surety bondsman within thirty days of executing a bail bond to file with their insurer a report detailing all bail bonds on which he has cause to be executed. See S.C. Code Ann. §38-53-310(8). Insurers are not consistently reporting bondsmen for failure to comply with §38-53-310 to the Department. To ensure all surety bondsmen are complying with the requirements of the law, it is mandatory that surety insurers report the noncompliance of its surety bondsmen to this Department by the fifteen of each month as set forth below. South Carolina law authorizes the Department to request such information from the insurer. S.C. Code Ann. §38-13-120 requires insurers to keep a full and correct record of the business done by them (including its producers) and to furnish this information and the books and records of the insurer for inspection on demand. See S.C. Code Ann. § 38-13-120. Section 38-13-160 also requires insurers to answer any inquiry in relation to their transactions, condition or any connected matter necessary to the administration of the insurance laws of this state. See S.C. Code Ann. §38-13-160 (2015). Effective immediately, surety insurers must report the names of surety bondsmen who have failed to timely remit premiums within 30 days of executing a bail bond by the fifteenth of each month. The report shall also include the following information for each surety bondsmen: (1) the name of the defendant (2) the date the bond was executed; (3) the date the bond was reported: ( 4) the total number of days late for each executed bond; (3) the principal sum of the bond; (4) the gross premium charged; and (4) the Power of Attorney. The first report is due on August 31, 2026, and must cover any bonds that were not reported within 30 days of execution. This first report should cover April 2026, May 2026, June 2026 and August 2026. It should be emailed to bondsmanlicensing@doi.sc.gov by August 31, 2026. III. QUESTIONS Any questions regarding this bulletin should be directed to the attention of Andrea Bourgoin at 803-737- 0719 or via email to bondsmanlicensing@doi.sc.gov. Bulletins are the method by which the Director of Insurance formally communicates with persons and entities regulated by the Department. Bulletins are departmental interpretations of South Carolina insurance laws and regulations and provide guidance on the Department's enforcement approach. Bulletins do not provide legal advice. Readers should consult applicable statutes and regulations or contact an attorney for legal advice or for additional information on the impact of that legislation on their specific situation.