H 3910 General Bill, By Seithel
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 39-5-37 SO AS TO MAKE IT AN "UNFAIR OR DECEPTIVE PRACTICE IN THE CONDUCT OF
 TRADE OR COMMERCE" FOR A PERSON ENGAGED IN THE BUSINESS OF REPAIRING MOTOR
 VEHICLES TO WITHHOLD INFORMATION FROM A VEHICLE OWNER AS TO WHETHER THE
 OWNER'S VEHICLE HAS BEEN REPAIRED WITH NEW OR USED PARTS, REQUIRE THE REPAIR
 BUSINESS TO PROVIDE TO THE OWNER A CERTAIN STATEMENT AND LIST, PROVIDE FOR A
 CAUSE OF ACTION FOR A VIOLATION OF THIS SECTION, AND TO PROVIDE FOR RELATED
 MATTERS.

   04/10/97  House  Introduced and read first time HJ-69
   04/10/97  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-69

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-37 SO AS TO MAKE IT AN "UNFAIR OR DECEPTIVE PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE" FOR A PERSON ENGAGED IN THE BUSINESS OF REPAIRING MOTOR VEHICLES TO WITHHOLD INFORMATION FROM A VEHICLE OWNER AS TO WHETHER THE OWNER'S VEHICLE HAS BEEN REPAIRED WITH NEW OR USED PARTS, REQUIRE THE REPAIR BUSINESS TO PROVIDE TO THE OWNER A CERTAIN STATEMENT AND LIST, PROVIDE FOR A CAUSE OF ACTION FOR A VIOLATION OF THIS SECTION, AND PROVIDE FOR RELATED MATTERS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 39-5-37. (A) It is an unfair or deceptive practice in the conduct of trade or commerce, in accordance with Section 39-5-20, for a person engaged in the business of repairing motor vehicles to withhold information from a vehicle owner as to whether the owner's vehicle has been repaired by such person with new or used parts, and to this end the repair business shall provide to the vehicle owner a statement of all services rendered, including a list of the names of the parts utilized in the repair work, whether each part is new or used, and the serial number of each part.

(B) The provisions of subsection (A) are applicable in all cases where the person or repair business described in subsection (A) subcontracts to another any work to be done to the vehicle or turns over the vehicle to an independent contractor to make repairs, whether the subcontractor or independent contractor does the work on the premises of the repair business or elsewhere, and the subcontractor or independent contractor shall comply with subsection (A) in the same manner as required of the person or repair business described in that subsection.

(C) Notwithstanding Section 39-5-140, and in addition to that section and not in lieu thereof, a motor vehicle owner who fails to receive a true and accurate statement and list as required by subsection (A) may initiate a civil action against the person or business, including a subcontractor or independent contractor, who failed to comply with this section. If the vehicle owner prevails in the civil action, he is entitled to recover three times the amount of the damages which may be awarded him, attorney's fees and costs, and the original value of the vehicle."

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