South Carolina General Assembly
113th Session, 1999-2000

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Bill 4470


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4470
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000120
Primary Sponsor:                  Cato
All Sponsors:                     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, Huggins
Drafted Document Number:          l:\council\bills\skb\18077som00.doc
Residing Body:                    Senate
Date of Last Amendment:           20000308
Subject:                          Unfair trade practices, payment for 
                                  insurance referral from service provider; 
                                  Consumer Affairs, Businesses, Corporations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000406  Read second time, notice of
                  general amendments
Senate  20000404  Recalled from Committee,               02 SBI
                  placed on the Calendar
Senate  20000330  Committed to Committee                 02 SBI
Senate  20000330  Recalled from Committee                11 SJ
Senate  20000314  Introduced, read first time,           11 SJ
                  referred to Committee
House   20000309  Read third time, sent to Senate
House   20000308  Amended, read second time
House   20000222  Request for debate by Representative           Scott
                                                                 J.H. Neal
                                                                 Howard
                                                                 Lloyd
                                                                 Bales
                                                                 Rutherford
                                                                 J. Hines
                                                                 Moody-
                                                                 Lawrence
------  20000217  Scrivener's error corrected
House   20000216  Committee report: Favorable with       26 HLCI
                  amendment
House   20000210  Co-Sponsor removed (Rule 5.2) by Rep.          Hinson
House   20000202  Co-Sponsor added (Rule 5.2) by Rep.            Huggins
House   20000127  Co-Sponsor added (Rule 5.2) by Rep.            T. Brown
House   20000120  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill
Revised on February 16, 2000 - Word format
Revised on February 17, 2000 - Word format
Revised on March 8, 2000 - Word format
Revised on April 4, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

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.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected

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

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.

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.

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