85 by huangyuarong

VIEWS: 6 PAGES: 4

									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 85

STATUS INFORMATION

General Bill
Sponsors: Senators Ford and Leventis
Document Path: l:\council\bills\agm\18141ab11.docx
Companion/Similar bill(s): 3101

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Banking and Insurance

Summary: Insurers


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on Banking and Insurance
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 41)
 1/11/2011   Senate   Referred to Committee on Banking and Insurance (Senate Journal-page 41)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
 1
 2
 3
 4
 5
 6
 7
 8
 9                             A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING SECTION 38-55-35 SO AS TO PROVIDE
13   AN INSURER MAY NOT USE THE CREDIT REPORT OF A
14   PERSON SEEKING A CONTRACT OF INSURANCE TO
15   DETERMINE THE INSURANCE RATE OF THE CONTRACT
16   OR WHETHER TO ISSUE THE INSURANCE CONTRACT,
17   AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION
18   41-1-120 SO AS TO PROVIDE AN EMPLOYER MAY NOT
19   USE A CREDIT REPORT TO EVALUATE A PERSON FOR
20   EMPLOYMENT, AND TO DEFINE CERTAIN TERMS; BY
21   ADDING SECTION 56-31-35 SO AS TO PROVIDE A
22   VEHICLE RENTAL COMPANY MAY NOT USE THE CREDIT
23   REPORT OF A PERSON SEEKING TO RENT CERTAIN
24   VEHICLES TO DETERMINE THE RENTAL RATE OF THE
25   VEHICLES OR WHETHER TO RENT THE VEHICLES, AND
26   TO DEFINE CERTAIN TERMS; AND TO AMEND SECTION
27   37-20-110, RELATING TO THE DEFINITION OF A “CREDIT
28   REPORT”, SO AS TO REMOVE ESTABLISHING A
29   PERSON’S ELIGIBILITY FOR EMPLOYMENT FROM THE
30   PURPOSES FOR WHICH THIS REPORT IS INTENDED.
31
32   Be it enacted by the General Assembly of the State of South
33   Carolina:
34
35   SECTION 1. Article 1, Chapter 55, Title 38 of the 1976 Code is
36   amended by adding:
37
38      “Section 38-55-35. (A) An insurer doing business in this State
39   may not use the credit report of a person seeking a contract of
40   insurance under this title to determine:
41        (1) the insurance rate for the contract; or
42        (2) whether to issue the contract.

     [85]                            1
 1      (B) For the purposes of this section:
 2        (1) ‘Credit report’ means a consumer report or credit report
 3   as defined in Section 37-20-110(3); and
 4        (2) ‘Creditworthiness’ means creditworthiness as defined in
 5   Section 37-20-110(5).”
 6
 7   SECTION 2. Article 1, Chapter 1, Title 41 of the 1976 Code is
 8   amended by adding:
 9
10      “Section 41-1-120. (A) An employer may not use a credit
11   report to evaluate a person for employment.
12      (B) For the purposes of this section:
13        (1) ‘Credit report’ means a consumer report or credit report
14   as defined in Section 37-20-110(3); and
15        (2) ‘Creditworthiness’ means creditworthiness as defined in
16   Section 37-20-110(5).”
17
18   SECTION 3. Chapter 31, Title 56 of the 1976 Code is amended
19   by adding:
20
21      “Section 56-31-35. (A) A rental company may not use the
22   credit report of a person seeking to rent a private passenger
23   automobile or rental vehicle under this chapter to determine:
24        (1) the rental rate, notwithstanding the provisions of Section
25   56-31-30; or
26        (2) whether to rent the private passenger automobile or
27   rental vehicle to the person seeking the rental.
28      (B) For the purposes of this section:
29        (1) ‘Credit report’ means a consumer report or credit report
30   as defined in Section 37-20-110(3); and
31        (2) ‘Creditworthiness’ means creditworthiness as defined in
32   Section 37-20-110(5).”
33
34   SECTION 4. Section 37-20-110(3) of the 1976 Code, as added by
35   Act 190 of 2008, is amended to read:
36
37      “(3) ‘Consumer report’ or ‘credit report’ means any written,
38   oral, electronic, or other communication of information by a
39   consumer credit-reporting agency regarding a consumer’s
40   creditworthiness, credit standing, credit capacity, character, debts,
41   general reputation, personal characteristics, or mode of living that
42   is used or expected to be used or collected in whole or in part for


     [85]                              2
 1   the purpose of establishing a consumer’s eligibility for any of the
 2   following:
 3        (a) credit or insurance to be used primarily for personal,
 4   family, or household purposes;
 5        (b) employment purposes, meaning the use of a consumer
 6   report for the purpose of evaluating a consumer for employment,
 7   promotion, reassignment, or retention as an employee; or
 8        (c) any other purpose authorized pursuant to 15 U.S.C.
 9   Section 168lb.
10      ‘Consumer report’ or ‘credit report’ does not include a report
11   containing information as to a transaction between the consumer
12   and the person making the report; an authorization or approval by
13   the issuer of a credit card or similar device, directly or indirectly,
14   of a specific extension of credit; a communication of information
15   among persons related by common ownership or affiliated by
16   corporate control, if it is clearly and conspicuously disclosed to the
17   consumer that the information may be communicated among those
18   persons and the consumer has the opportunity, to direct that the
19   information not be communicated among them, or a report in
20   which a person conveys an adverse decision in response to a
21   request from a third party to make a specific extension of credit,
22   directly or indirectly, to the consumer, if the third party advises the
23   consumer of the name and address of the person to whom the
24   request was made and the person makes the required disclosures to
25   the consumer pursuant to the provisions of the federal ‘Fair Credit
26   Reporting Act’.”
27
28   SECTION 5. If any section, subsection, paragraph, subparagraph,
29   sentence, clause, phrase, or word of this act is for any reason held
30   to be unconstitutional or invalid, such holding shall not affect the
31   constitutionality or validity of the remaining portions of this act,
32   the General Assembly hereby declaring that it would have passed
33   this act, and each and every section, subsection, paragraph,
34   subparagraph, sentence, clause, phrase, and word thereof,
35   irrespective of the fact that any one or more other sections,
36   subsections, paragraphs, subparagraphs, sentences, clauses,
37   phrases, or words hereof may be declared to be unconstitutional,
38   invalid, or otherwise ineffective.
39
40   SECTION 6. This act takes effect upon approval by the Governor.
41                            ----XX----
42


     [85]                               3

								
To top