H 4470 General Bill, By Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, 
Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, 
R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and 
Huggins

Similar(S 1159)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN
 INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE
 PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF
 WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE
 DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING
 TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN
 EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY
 CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.

   01/20/00  House  Introduced and read first time HJ-5
   01/20/00  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-5
   02/10/00  House  Member(s) request name removed as sponsor: Hinson
   02/16/00  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-4
   02/22/00  House  Requests for debate-Rep(s). Scott, JH Neal,
                     Howard, Lloyd, Bales, Rutherford, J Hines and
                     Moody-Lawrence HJ-15
   03/08/00  House  Amended HJ-55
   03/08/00  House  Read second time HJ-57
   03/08/00  House  Roll call Yeas-98  Nays-3 HJ-57
   03/09/00  House  Read third time and sent to Senate HJ-22
   03/14/00  Senate Introduced and read first time SJ-21
   03/14/00  Senate Referred to Committee on Judiciary SJ-21
   03/30/00  Senate Recalled from Committee on Judiciary SJ-1
   03/30/00  Senate Committed to Committee on Banking and Insurance SJ-1
   04/04/00  Senate Recalled from Committee on Banking and Insurance SJ-4
   04/06/00  Senate Read second time SJ-62
   04/06/00  Senate Ordered to third reading with notice of
                     amendments SJ-62

April 4, 2000

H. 4470

Introduced by Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins

S. Printed 4/4/00--S.

Read the first time March 14, 2000.

EXPLANATION OF IMPACT:

The South Carolina Department of Consumer Affairs forecasts no fiscal impact to the General Fund of the State with the enactment of this proposed legislation.

Approved By:

Don Addy

Office of State Budget

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.

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 engaged in the motor vehicle body or other motor vehicle repair business to:

(1) offer or make a payment to a third person for the third person's referral of an insurance claimant to the motor vehicle body or other motor vehicle repair business for motor vehicle repairs; or

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

SECTION 2. This act takes effect upon approval by the Governor.