Bill 4146

                    Current Status

Introducing Body:               House
Bill Number:                    4146
Primary Sponsor:                Wells
Type of Legislation:            GB
Subject:                        Motor vehicle insurer,
                                provisions
Residing Body:                  Senate
Current Committee:              Banking and Insurance
Companion Bill Number:          1151
Computer Document Number:       BBM/9620.JM
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         May 07, 1992
Last History Body:              Senate
Last History Date:              Jun 04, 1992
Last History Type:              Polled out of Committee
Scope of Legislation:           Statewide
All Sponsors:                   Wells
                                McGinnis
                                Wright
                                Riser
                                Canty
                                Littlejohn
                                Beatty
                                Stone
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4146  Senate  Jun 04, 1992  Polled out of Committee         02
 4146  Senate  May 12, 1992  Introduced, read first time,    02
                             referred to Committee
 4146  House   May 08, 1992  Read third time, sent to
                             Senate
 4146  House   May 07, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 8, 1992
 4146  House   May 06, 1992  Debate interrupted
 4146  House   Apr 28, 1992  Recalled from Committee         26
 4146  House   Jan 14, 1992  Introduced, read first time,    26
                             referred to Committee

POLLED OUT OF COMMITTEE

June 4, 1992

H. 4146

Introduced by REPS. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone

S. Printed 6/10/92--S.

Read the first time May 12, 1992.

To whom was referred a Bill (H. 4146), to amend the Code of Laws of South Carolina, 1976, by adding Section 38-77-287 so as to prohibit an insurer, etc., respectfully

Has polled the Bill out of Committee without report.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:

"Section 38-77-287. (A) No insurer, including any agent or adjuster for such insurer, which issues or renews in this State any policy of insurance covering, in whole or in part, one or more motor vehicles shall require any insured under the policy to use a particular company or location for the providing of motor vehicle glass replacement or repair services or products insured in whole or in party by the policy.

(B) No such insurer, including any agent or adjuster for such insurer, shall engage in any act or practice of intimidation, coercion, or threat for or against the insured under such policy to use such company or location described in subsection (A).

(C) Any automobile insurance policy issued in this State shall contain a notice, in conspicuous language, that the insured has the right to select or use any company or location that provides motor vehicle glass replacement or repair services or products insured in whole or in part by the policy.

(D) Any automobile insurance company shall orally advise a policyholder residing in this State regarding the insured's right to select or use any company or location that provides motor vehicle glass replacement or repair services or products insured in whole or in part by the policy at such time the insured notifies the insurer of a loss covered in whole or in part by a policy issued in this State.

(E) The Chief Insurance Commissioner may by regulation promulgate procedures and administrative penalties necessary to enforce the provisions of subsections (C) and (D)."

SECTION 2. This act takes effect on October 1, 1992, and applies to motor vehicle insurance policies issued or renewed on and after the effective date of this act. However, subsection (D) of Section 38-77-287, in Section 1, which takes effect on October 1, 1992, applies to policies issued before such date.