South Carolina General Assembly
113th Session, 1999-2000

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Bill 4470

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Indicates New Matter

(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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