The Committee on Labor, Commerce and Industry proposes the following amendment (LC-4817.HA0014H):

Amend the bill, as and if amended, SECTION 3, by striking Section 38-55-172(A)(1) and inserting:

(1) A licensed residential builder or a registered residential specialty contractorlicensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board within the South Carolina Department of Labor, Licensing and Regulation shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of a roofing system.

Amend the bill further, SECTION 3, by striking Section 38-55-172(B), (C), and (D) and inserting:

 (B) A builder or contractorlicensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. As used in this subsection, the term "promise to pay or rebate" means:
  (1) granting any allowance or offering any discount against the fees to be charged including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises;
  (2) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason; or
  (3) advertising an activity prohibited in this section.
 (C) A person who violates a provision of subsection (A), (B), or both is guilty of a misdemeanor and may be imprisoned not more than one year, fined not more than five hundred dollars, or both. The violation is also grounds for disciplinary action by the Residential Builders Commission or the Contractor's Licensing Board. Disciplinary action may include, but is not limited to, suspension or revocation of licenses or registrations by the Residential Builders Commission or the Contractor's Licensing Board. In addition, a violation of a provision of subsection (A) or (B) also constitutes misconduct pursuant to Section 40-59-110.
 (D) The Insurance Fraud Division of the Department of Insurance may investigate and prosecute claims of fraudulent activity relating to the performance of goods or services for a roofing system pursuant to a written contract. If the investigation yields findings concerning persons or firms that providea licensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board that provides goods or services related to a roofing system and to whom the provisions of Section 40-59-25 apply, the Insurance Fraud Division shall refer the findings to the Department of Labor, Licensing and RegulationResidential Builders Commission or the Contractor's Licensing Board for use in any action against the person or firmthat licensee or registrant. For purposes of this section, such persons or firms include:
  (1) a person who also is a licensed residential builder or a registered residential specialty contractor; or
  (2) a person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission.

Amend the bill further, SECTION 5, Section 38-55-530, by adding a subsection to read:

 (F) "Undeserved economic benefit or advantage" includes, but is not limited to, a favorable insurance premium, payment schedule, insurance award, or insurance settlement.

Amend the bill further, SECTION 10, by striking Section 38-73-1095(C) and inserting:

 (C) Any insurer required to submit rates and rating plans to the director or his designee shall provide an actuarially justified discount, credit, rate differential, adjustment in deductible, or any other adjustment to reduce the insurance premium to insureds who build or retrofit a structure to comply with the requirements of the SC Uniform Construction Code or the fortified home or fortified commercial standards created by the Insurance Institute for Business and Home Safety.

Amend the bill further, SECTION 10, by striking Section 38-73-1095(F)(10) and inserting:

  (9)(10) other applicable factors requested by the insurer or rating organization or selectedestablished by order of the director involving the risk or hazard. An order issued pursuant to this section must comply with the requirements of Section 1-23-140.
  The director or his designee may conduct a study or otherwise review data concerning mitigation discounts and credits offered in the State. The department may by regulation or order: (1) establish minimum benchmark values for discounts or credits to be offered for specific mitigation measures, or (2) define how the implementation of these factors qualifyqualifies for credits or discounts based on the data or study findings. The regulation or order must specify what evidence or proof the policyholder or applicant shall present to obtain the credit or discount. An insurer applying a discount or credit that differs from the benchmark values determined by the department is required to provide relevant actuarial justification for the deviation. This section applies to policies issued or renewed after December 31, 2007.

Amend the bill further, by deleting SECTION 16 from the bill.

Amend the bill further, SECTION 17, by striking Section 38-77-280(B) and inserting:

 (B)(1) Through December 31, 2026, Anyany automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass.
  (2) EveryBeginning January 1, 2027, every automobile insurer offering automobile physical damage insurance coverage mustmay offer a zero dollar deductible option for automobile safety glass.

Amend the bill further, SECTION 23, by striking Section 40-11-125 and inserting:

 Section 40-11-125. Notwithstanding another provision of this chapter, the Department of Insurance has the exclusive authority to enforce any violations related to insurance or insurance fraud arising from roofing systems contracts or the delivery of goods or services related to roofing systems as provided in Article 5, Chapter 55, Title 38. The Department of Insurance shall refer any findings of violations related to insurance fraud arising from roofing contracts or the delivery of goods or services related to roofing systems to the South Carolia Residential Builders Commission or the South Carolina Contractor's Licensing Board, whichever is appropriate, for use in any action against a licensee or registrant who is licensed or registered with either the Residential Builders Commission or the Contractor's Licensing Board.

Amend the bill further, SECTION 25, by striking Section 40-59-27 and inserting:

 Section 40-59-27. Notwithstanding another provision of this chapter, the Department of Insurance has the exclusive authority to enforce any violations related to insurance or insurance fraud arising from roofing systems contracts or the delivery of goods or services related to roofing systems as provided in Article 5, Chapter 55, Title 38. The Department of Insurance shall refer any findings of violations related to insurance fraud arising from roofing contracts or the delivery of goods or services related to roofing systems to the South Carolina Residential Builders Commission or the South Carolina Contractor's Licensing Board, whichever is appropriate, for use in any action against the licensee or registrant.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 38-55-540 of the S.C. Code is amended to read:

 Section 38-55-540. (A) A person who knowingly makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, or who assists, abets, solicits, or conspires with a person to make a false statement or misrepresentation, is guilty of a:
  (1) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is less than onetwo thousand dollars. Upon conviction, the person must be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than thirty days;
  (2) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is onetwo thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be fined not less than two thousand nor more than ten thousand dollars or imprisoned not more than three years, or both;
  (3) felony, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both;
  (4) felony, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both;
  (5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage or benefit received or attempted to be received. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both.
 (B) In addition to the criminal penalties set forth in subsection (A), a person convicted pursuant to the provisions of this section must be ordered by the court to make full restitution to a victim for any economic advantage or benefit which has been obtained by the person as a result of that violation, and to pay the difference between any taxes owed and any taxes the person paid, if applicable.

SECTION X. Article 1, Chapter 55, Title 38 of the S.C. Code is amended by adding:

 Section 38-55-171.  (A)(1) A person shall be guilty of a felony known as "staging a motor vehicle collision" when such person, with intent to defraud:
   (a) causes, attempts to cause, or in any way participates in a motor vehicle collision, or any other motor vehicle accident, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;
   (b) provides information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;
   (c) provides false information in connection with a motor vehicle collision that did not occur for the purpose of presenting any false or fraudulent claim or to obtain anything of value; or
   (d) attempts, assists, abets, solicits, or conspires with another to commit any of the actions described in this item.
  (2) A person who is convicted of violating the provisions of item (1) is subject to the following penalties:
   (a) for a first offense, by imprisonment for not more than ten years, fined not more than ten thousand dollars, or both;
   (b) for a second offense, by imprisonment for not less than two years nor more than ten years, fined not more than fifteen thousand dollars, or both;
   (c) for a third or subsequent offense, by imprisonment for not less than five years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
 (B) A person shall be guilty of a felony known as "aggravated staging a motor vehicle collision" when such person violates a provision in subsection (A) and the staged motor vehicle collision, directly or indirectly, results in bodily injury or death to any person.
  (1)(a) A person who is convicted of a violation of this subsection which results in moderate bodily injury, as defined by Section 16-3-600(A)(2), to any person shall be punished by imprisonment of not less than ninety days nor more than ten years, fined not more than ten thousand dollars, or both.
   (b) A person who is convicted of this item and has previously been convicted of this item or of subsection (A), must be punished by imprisonment of not less than two years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
  (2) A person who is convicted of a violation of this subsection which results in great bodily injury, as defined in Section 16-3-600(A)(1), to any person must be punished by imprisonment of not less than two years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
  (3) A person who is convicted of this subsection which results in the death of any person must be punished by imprisonment of not less than two years nor more than thirty years, fined not less than ten thousand dollars nor more than thirty thousand dollars, or both.
 (C) When restitution is requested by the State, the trial court shall hold a hearing, waivable by the defendant, to determine the amount of restitution to which each victim is entitled. After such hearing is either held or waived, the trial court shall order full restitution to all victims of the staged motor vehicle collision, including innocent drivers, innocent passengers, innocent pedestrians, insurance carriers, emergency responder agencies, and any other affected third parties.

SECTION X. Section 14-7-1630(A) of the S.C. Code is amended to read:

 (A) The jurisdiction of a state grand jury impaneled pursuant to this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
  (1) a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances, including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes, if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;
  (2) a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to Article 3, Chapter 8, Title 16;
  (3) a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;
  (4) a crime involving the election laws, including, but not limited to, those named offenses specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;
  (5) a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;
  (6) a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:
   (a) involves an act dangerous to human life that is a violation of the criminal laws of this State;
   (b) appears to be intended to:
    (i) intimidate or coerce a civilian population;
    (ii) influence the policy of a government by intimidation or coercion; or
    (iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and
   (c) occurs primarily within the territorial jurisdiction of this State;
  (7) a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;
  (8) a crime involving obscenity, including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity;
  (9) a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined by law, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;
  (10) a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;
  (11) a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined by law, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;
  (12) a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, is two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental ControlEnvironmental Services. If the knowing and wilful crime is a violation of federal law, a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section;
  (13) a crime involving or relating to the offense of trafficking in persons, as defined in Section 16-3-2020, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county; and
  (14) a crime involving a violation of the South Carolina Anti-Money Laundering Act as set forth in Chapter 11, Title 35, or a crime related to a violation of the Anti-Money Laundering Act; and
  (15) a crime involving insurance fraud including, but not limited to, a violation of the statutes under the South Carolina Omnibus Insurance Fraud and Reporting Immunity Act or a crime arising out of or in connection with insurance fraud.

SECTION X. Section 17-25-45(C)(2)(b) of the S.C. Code is amended to read:

 (C) As used in this section:
 
  (2) "Serious offense" means:
   
   (b) those felonies enumerated as follows:

		16-3-220	Lynching, Second degree
		16-3-210(C)	Assault and battery by mob, Second degree
		16-3-600(B)	Assault and battery of a high and aggravated nature
		16-3-810	Engaging child for sexual performance
		16-9-220	Acceptance of bribes by officers
		16-9-290	Accepting bribes for purpose of procuring public office
		16-11-110(B)	Arson, Second degree
		16-11-312(B)	Burglary, Second degree
		16-11-380(B)	Theft of a person using an automated teller machine
		16-13-210(1)	Embezzlement of public funds
		16-13-230(B)(3)	Breach of trust with fraudulent intent
		16-13-240(1)	Obtaining signature or property by false pretenses
		16-25-20(B)	Domestic violence, First degree
		16-25-65	Domestic violence of a high and aggravated nature
		38-55-170(1)	Presenting false claims for payment
		38-55-171(A)	Staging a motor vehicle collision
		38-55-171(B)	Aggravated staging a motor vehicle collision
		38-55-540(3), (4)&(5)	Insurance fraud
		44-53-370(e)	Trafficking in controlled substances
		44-53-375(C)	Trafficking in ice, crank, or crack cocaine
		44-53-445(B)(1)&(2)	Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
		56-5-2945	Causing death by operating vehicle while under influence of drugs or alcohol; and

SECTION X. Section 40-59-110 of the S.C. Code is amended to read:

 Section 40-59-110. In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of Section 40-59-25, a violation of Section 38-55-172, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards.

Renumber sections to conform.

Amend title to conform.