Current Status Introducing Body:
HouseBill Number: 4146Primary Sponsor: WellsType of Legislation: GBSubject: Motor vehicle insurer, provisionsResiding Body: SenateCurrent Committee: Banking and InsuranceCompanion Bill Number: 1151Computer Document Number: BBM/9620.JMIntroduced Date: Jan 14, 1992Date of Last Amendment: May 07, 1992Last History Body: SenateLast History Date: Jun 04, 1992Last History Type: Polled out of CommitteeScope of Legislation: StatewideAll Sponsors: Wells McGinnis Wright Riser Canty Littlejohn Beatty StoneType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4146 Senate Jun 04, 1992 Polled out of Committee 02 4146 Senate May 12, 1992 Introduced, read first time, 02 referred to Committee 4146 House May 08, 1992 Read third time, sent to Senate 4146 House May 07, 1992 Amended, read second time, unanimous consent for third reading on Friday, May 8, 1992 4146 House May 06, 1992 Debate interrupted 4146 House Apr 28, 1992 Recalled from Committee 26 4146 House Jan 14, 1992 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
POLLED OUT OF COMMITTEE
June 4, 1992
Introduced by REPS. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone
S. Printed 6/10/92--S.
Read the first time May 12, 1992.
To whom was referred a Bill (H. 4146), to amend the Code of Laws of South Carolina, 1976, by adding Section 38-77-287 so as to prohibit an insurer, etc., respectfully
Has polled the Bill out of Committee without report.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:
"Section 38-77-287. (A) No insurer, including any agent or adjuster for such insurer, which issues or renews in this State any policy of insurance covering, in whole or in part, one or more motor vehicles shall require any insured under the policy to use a particular company or location for the providing of motor vehicle glass replacement or repair services or products insured in whole or in party by the policy.
(B) No such insurer, including any agent or adjuster for such insurer, shall engage in any act or practice of intimidation, coercion, or threat for or against the insured under such policy to use such company or location described in subsection (A).
(C) Any automobile insurance policy issued in this State shall contain a notice, in conspicuous language, that the insured has the right to select or use any company or location that provides motor vehicle glass replacement or repair services or products insured in whole or in part by the policy.
(D) Any automobile insurance company shall orally advise a policyholder residing in this State regarding the insured's right to select or use any company or location that provides motor vehicle glass replacement or repair services or products insured in whole or in part by the policy at such time the insured notifies the insurer of a loss covered in whole or in part by a policy issued in this State.
(E) The Chief Insurance Commissioner may by regulation promulgate procedures and administrative penalties necessary to enforce the provisions of subsections (C) and (D)."
SECTION 2. This act takes effect on October 1, 1992, and applies to motor vehicle insurance policies issued or renewed on and after the effective date of this act. However, subsection (D) of Section 38-77-287, in Section 1, which takes effect on October 1, 1992, applies to policies issued before such date.