H 3811 General Bill, By Altman
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-5-170, SO AS TO PROVIDE THAT CERTAIN CONDUCT IN THE MOTOR VEHICLE SAFETY
 GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; TO ADD SECTION
 38-55-173, SO AS TO PROVIDE THAT A PERSON CONNECTED WITH OR ENGAGED IN THE
 AUTO REPAIR BUSINESS IS GUILTY OF INSURANCE FRAUD IF THE PERSON GIVES MONEY OR
 OTHER CONSIDERATION TO AN INSURED IN CONNECTION WITH THE REPAIR OR REPLACEMENT
 OF AUTOMOBILE SAFETY GLASS; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING
 TO COLLISION AND COMPREHENSIVE AUTOMOBILE INSURANCE COVERAGE, SO AS TO REQUIRE
 AN INSURER TO INFORM AN INSURED OR APPLICANT OF THE OPTION OF ELECTING TO
 APPLY THE PHYSICAL DAMAGE COVERAGE DEDUCTIBLE TO AUTOMOBILE SAFETY GLASS.

   03/27/01  House  Introduced and read first time HJ-60
   03/27/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-61

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170, SO AS TO PROVIDE THAT CERTAIN CONDUCT IN THE MOTOR VEHICLE SAFETY GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; TO ADD SECTION 38-55-173, SO AS TO PROVIDE THAT A PERSON CONNECTED WITH OR ENGAGED IN THE AUTO REPAIR BUSINESS IS GUILTY OF INSURANCE FRAUD IF THE PERSON GIVES MONEY OR OTHER CONSIDERATION TO AN INSURED IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF AUTOMOBILE SAFETY GLASS; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE AUTOMOBILE INSURANCE COVERAGE, SO AS TO REQUIRE AN INSURER TO INFORM AN INSURED OR APPLICANT OF THE OPTION OF ELECTING TO APPLY THE PHYSICAL DAMAGE COVERAGE DEDUCTIBLE TO AUTOMOBILE SAFETY GLASS.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 39-5-170.    It is an unfair trade practice and unlawful for a person who is connected with or engaged in a motor vehicle body or other motor vehicle repair business to offer or make a payment or transfer of money or other consideration to:

    (1)    a third person for the third person's referral of an insurance claimant to the motor vehicle body or motor vehicle repair business for the repair or replacement of automobile safety glass; or

    (2)    an insurance claimant in connection with the repair or replacement of automobile safety glass."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 38-55-173.    (A)    A person who is connected with or engaged in a motor vehicle body or other motor vehicle repair business is guilty of insurance fraud if the person offers or makes a payment or transfer of money or other consideration to:

        (1)    a third person for the third person's referral of an insurance claimant to the motor vehicle body or motor vehicle repair business for the repair or replacement of automobile safety glass; or

        (2)    an insurance claimant in connection with the repair or replacement of automobile safety glass.

    (B)    If the amount of the payment or transfer in Subsection (A) has a value of:

        (1)    more than one thousand dollars, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than five years, or both;

        (2)    less than one thousand dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both."

SECTION    3.    Section 38-77-280(B) of the 1976 Code as last amended by Act 326 of 1996, is further amended to read:

    "(B)    Any automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass. The insurer must inform the insured or a qualified applicant of the option to elect to apply an automobile physical damage insurance coverage deductible or policy deductible to automobile safety glass. The insurer must provide to the insured or qualified applicant a brief written explanation of the deductible, a list of available deductibles, and the range of premiums for deductibles. The written document must include the signature of the insured or qualified applicant verifying that he received the information and a designation of whether he chooses to accept or reject the deductible."

SECTION    4.    This act takes effect upon approval by the Governor.