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HOUSE OF REPRESENTATIVES

H.B. NO.

1162

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INSURANCE FRAUD.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 431:10C-307.8, Hawaii Revised Statutes, is amended to read as follows:

§431:10C-307.8 Insurance fraud investigations [unit.] branch. (a) There is established in the insurance division an insurance fraud investigations [unit.] branch.

(b) The [unit] branch shall employ or retain, by contract or otherwise, attorneys, investigators, investigator assistants, auditors, accountants, paralegals, other professionals, and other support staff as necessary to promote the effective and efficient conduct of the [unit's] branch's activities. Notwithstanding any other law to the contrary, the attorneys may represent the State in any judicial or administrative proceeding to enforce all applicable state laws relating to insurance fraud, including but not limited to criminal prosecutions and actions for declaratory and injunctive relief. Investigators, investigator assistants, and auditors may serve process and apply for and execute search warrants pursuant to chapter 803 and the rules of court but shall not otherwise have the powers of a police officer or deputy sheriff. The commissioner may hire such employees not subject to chapter 76.

(c) The purpose of the insurance fraud investigations [unit] branch shall be to conduct a statewide program for the prevention, investigation, and prosecution of insurance fraud cases and violations of all applicable state laws relating to insurance fraud. The statewide program shall include a program that promotes public and industry-wide education about insurance fraud. The insurance fraud investigations [unit] branch may also review and take appropriate action on complaints relating to insurance fraud.

(d) Funding for the insurance fraud investigations [unit] branch shall come from the [motor vehicle insurance administration revolving] compliance resolution fund.″

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST