State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0178
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HOUSE COMMERCE AND ENERGY
ENGROSSED NO. HB 1035 - 1/30/2012
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Introduced by: The Committee on Commerce and Energy at the request of the Department
of Labor and Regulation
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FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of certain insurance
investigations and examinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
The status, existence, or outcome of any ongoing or completed investigation or examination
performed pursuant to this title may be disclosed by the director to any person who has filed a
complaint or report to the director pertaining to the specific investigation or examination.
Confidential information shared with the director may not be disclosed. However, nothing in
this section prevents the director from providing a copy of licensee responses or other materials
submitted by a licensee to complaints or inquiries if the response or materials are not
specifically marked confidential. This Act does not apply to investigations conducted pursuant
to chapter 58-4A.
Section 2. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in sections 2 to 6, inclusive of this Act, mean:
(1) "Return information," any information collected, prepared or received by the division
which relates to a return, including the nature or amount of a taxpayer's income,
receipts, deductions, net worth, tax liability, or deficiencies, or any part of any written
determination or background file documents relating to such information. The term
does not include data in a form which cannot be associated with or otherwise
identify, directly or indirectly, a particular taxpayer;
(2) "Returns," all tax returns, tax reports or claims for refund which are filed with the
division.
Section 3. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
Each list of premium taxpayers compiled by the division is confidential. It is a Class 2
misdemeanor to disclose any list except to the extent necessary to carry out the official duties
of the division.
Section 4. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
A premium tax return and premium tax return information is confidential. It is a Class 1
misdemeanor to disclose this information except pursuant to sections 2 through 6 of this Act.
Section 5. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
A premium tax return and premium tax return information may be disclosed to the
following:
(1) The taxpayer who is required to submit the information to the division, or his
designee appointed in writing; or
(2) As otherwise authorized by Title 58.
Section 6. That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
A premium tax return and premium tax return information may be disclosed in a judicial or
administrative proceeding:
(1) If the information is directly related to the resolution of an issue in the proceeding;
or
(2) To the extent required by a judicial or administrative order.