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Current Status Bill Number:View additional legislative information at the LPITS web site.426 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010308 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:l:\s-jud\bills\mcconnell\jud0041.gfm.doc Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Unfair trade practices, motor vehicle glass repair business relating to insurance referral and fraud; Consumer Affairs History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010308 Introduced, read first time, 02 SBI referred to Committee Versions of This 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 AN INSURANCE 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; TO AMEND BY ADDING SECTION 38-55-173, SO AS TO PROVIDE THAT A PERSON CONNECTED WITH OR ENGAGED IN THE AUTO REPAIR BUSINESS IS GUILTY OF INSURANCE FRAUD IF THE PERSON GIVES MONEY OR OTHER CONSIDERATION TO AN INSURED IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF AUTOMOBILE SAFETY GLASS; TO AMEND SECTION 38-77-280, RELATING TO COLLISION AND COMPREHENSIVE AUTOMOBILE INSURANCE COVERAGE, SO AS TO ALLOW AN INSURED TO ELECT TO APPLY THE PHYSICAL DAMAGE COVERAGE DEDUCTIBLE TO AUTOMOBILE SAFETY GLASS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-170. It is an unfair trade practice and unlawful for a person who is connected with or engaged in a motor vehicle body or other motor vehicle repair business to offer or make a payment or transfer of money or other consideration to:
(1) a third person for the third person's referral of an insurance claimant to the motor vehicle body or motor vehicle repair business for the repair or replacement of automobile safety glass; or
(2) an insurance claimant in connection with the repair or replacement of automobile safety glass."
SECTION 2. Chapter 55, Title 38 of the 1976 Code is amended by adding:
"Section 38-55-173. (A) A person who is connected with or engaged in a motor vehicle body or other motor vehicle repair business is guilty of insurance fraud if the person offers or makes a payment or transfer of money or other consideration to:
(1) a third person for the third person's referral of an insurance claimant to the motor vehicle body or motor vehicle repair business for the repair or replacement of automobile safety glass; or
(2) an insurance claimant in connection with the repair or replacement of automobile safety glass.
(B) If the amount of the payment or transfer in Subsection (A) has a value of:
(1) more than one thousand dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both;
(2) less than one thousand dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both."
SECTION 3. Section 38-77-280(B) of the 1976 Code is amended to read:
"(B) Any automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass. The insurer must inform the insured or a qualified applicant of the option to elect to apply an automobile physical damage insurance coverage deductible or policy deductible to automobile safety glass. The insurer must provide to the insured or qualified applicant a brief written explanation of the deductible, a list of available deductibles, and the range of premiums for deductibles. The written document must include the signature of the insured or qualified applicant verifying that he received the information and a designation of whether he chooses to accept or reject the deductible."
SECTION 4. This act takes effect upon approval by the Governor.
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