H*3598(Rat #0248, Act #0215 of 2002)  General Bill, By Cato, Barfield, Battle, 
Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, 
Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, 
Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, 
Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, 
J. Young, Wilder, Hinson and Robinson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS
 IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; AND BY ADDING SECTION 38-55-173 SO
 AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS A
 MISDEMEANOR.-amended title

   02/20/01  House  Introduced and read first time HJ-9
   02/20/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   03/21/01  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-25
   03/27/01  House  Read second time HJ-68
   03/28/01  House  Read third time and sent to Senate HJ-12
   03/28/01  Senate Introduced and read first time SJ-13
   03/28/01  Senate Referred to Committee on Banking and Insurance SJ-13
   03/19/02  Senate Committee report: Favorable with amendment
                     Banking and Insurance SJ-8
   03/20/02  Senate Amended SJ-40
   03/20/02  Senate Read second time SJ-40
   03/20/02  Senate Ordered to third reading with notice of
                     amendments SJ-40
   03/21/02  Senate Read third time and returned to House with
                     amendments SJ-10
   04/03/02  House  Debate adjourned until Wednesday, April 4, 2002 HJ-88
   04/04/02  House  Senate amendment amended HJ-36
   04/04/02  House  Returned to Senate with amendments HJ-37
   04/09/02  Senate Concurred in House amendment and enrolled SJ-25
   04/16/02         Ratified R 248
   04/22/02         Signed By Governor
   05/08/02         Effective date 04/22/02
   05/08/02         Copies available
   05/14/02         Act No. 215

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; AND BY ADDING SECTION 38-55-173 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS A MISDEMEANOR.

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

Certain conduct in vehicle glass repair business declared unfair trade practice and unlawful

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 acting on behalf of or engaged in a vehicle glass repair business to offer or make a payment or transfer money or other consideration to:

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

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

(3) waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business."

Certain conduct in vehicle glass repair business declared a misdemeanor

SECTION 2. The 1976 Code is amended by adding:

"Section 38-55-173. (A) A person who is acting on behalf of or engaged in a vehicle glass repair business is guilty of a misdemeanor 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 vehicle glass repair business for the repair or replacement of vehicle safety glass;

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

(3) waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business.

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

(1) one thousand dollars or more, the person, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both, per violation; or

(2) less than one thousand dollars, the person, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both, per violation."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2002.

Approved the 22nd day of April, 2002.