State of South Dakota
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EIGHTY-EIGHTH SESSION LEGISLATIVE ASSEMBLY, 2013 |
842U0382 | SENATE BILL NO. 37 |
Introduced by: The Committee on Judiciary at the request of the Office of the Attorney
General
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consultation with and approval by the director and the attorney general, may refer or request
assistance from other persons delineated in subdivision 58-4A-1(3) for the prosecution of
fraudulent acts, including access to records. All costs associated with the prosecution of
fraudulent insurance acts, including those incurred by designees assisting or acting on behalf of
the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund.
Section 3. That § 58-4A-6 be amended to read as follows:
58-4A-6. The insurance fraud prevention unit investigators may investigate violations of this
chapter. The unit investigators shall be qualified pursuant to the requirements of §§ 23-3-41, 23-3-42, and 23-3-44 and have all the powers and authority of law enforcement officers while
performing duties pursuant to this chapter. The insurance fraud prevention unit, after
consultation with and written approval by the director and the attorney general, may refer or
request assistance from persons delineated in subdivision 58-4A-1(3) for the investigation of
fraudulent insurance acts, including access to records. All costs associated with the investigation
of fraudulent insurance acts, including those incurred by designees assisting or acting on behalf
of the insurance fraud prevention unit, may be paid by the insurance fraud prevention unit fund.
Section 4. That § 58-4A-7 be amended to read as follows:
58-4A-7. If the insurance fraud prevention unit or its designees initiate civil action against
any person and that person is found by a court of competent jurisdiction to have committed a
fraudulent insurance act as set forth in § 58-4A-2, that person is subject to a civil penalty not
to exceed five thousand dollars for the first violation, ten thousand dollars for the second
violation, and fifteen thousand dollars for each subsequent violation. Civil penalties paid under
this section shall be deposited in the insurance fraud prevention unit fund. An action under this
section may be in lieu of criminal prosecution under the laws of this state and may not be
commenced until after consultation with and written approval by the director and the attorney
general.