South Carolina General Assembly
114th Session, 2001-2002

Download This Version in Microsoft Word format

Bill 3598

Indicates Matter Stricken
Indicates New Matter

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


COMMITTEE REPORT

March 19, 2002

    H. 3598

Introduced by Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson

S. Printed 3/19/02--S.    [SEC 3/20/02 2:37 PM]

Read the first time March 28, 2001.

            

THE COMMITTEE ON BANKING AND INSURANCE

    To whom was referred a Bill (H. 3598) to amend the Code of Laws of South Carolina, 1976, by adding Section 39-5-170 so as to provide certain conduct in the vehicle glass repair business, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    / 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 acting on behalf of or engaged in a vehicle glass repair business to offer or make a payment or transfer money or other consideration to:

    (1)    a third person for the third person's referral of an insurance claimant to the vehicle glass repair business for the repair or replacement of vehicle safety glass;

    (2)    an insurance claimant in connection with the repair or replacement of vehicle safety glass; or

    (3)    waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business."

    SECTION    2.    The 1976 Code is amended by adding:

    "Section 38-55-173.    (A)    A person who is acting on behalf of or engaged in a vehicle glass repair business is guilty of a misdemeanor 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 vehicle glass repair business for the repair or replacement of automobile safety glass; or

        (2)    an insurance claimant in connection with the repair or replacement of vehicle safety glass.

    (B)    If the amount of the payment or transfer of subsection (A) has a value of:

        (1)    one thousand dollars or more, the person, upon conviction, must be fined in the discretion of the court or imprisoned for not more than three years, or both, per violation; or

        (2)    less than one thousand dollars, the person, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both, per violation."

    SECTION    3.    This act takes effect upon approval by the Governor./

    Renumber sections to conform.

    Amend title to conform.

DAVID L. THOMAS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Attorney General

    The Attorney General states there would be no cost on the State General Fund nor on federal and/or other funds.

Department of Consumer Affairs

    The department states there would be a minimal cost to the General Fund of the State, which can be absorbed by the agency at its current level of funding.

    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 CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

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 vehicle glass 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 vehicle glass repair business for vehicle glass repairs; or

    (2)    waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on Thursday, June 25, 2009 at 2:13 P.M.