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4470Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000120Primary Sponsor: CatoAll 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, HugginsDrafted Document Number: l:\council\bills\skb\18077som00.docResiding Body: SenateDate of Last Amendment: 20000308Subject: Unfair trade practices, payment for insurance referral from service provider; Consumer Affairs, Businesses, CorporationsHistory 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
April 4, 2000
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.
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.
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