Report Title:

Relating to Insurance Fraud

 

Description:

Clarifies the insurance division's authority to employ or retain the services of professional, technical, and other support personnel. (SD1)

THE SENATE

S.B. NO.

2722

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

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 by amending subsection (b) to read as follows:

"(b) The unit shall employ or retain, by contract or otherwise, without regard to chapter 76, attorneys, investigators, investigator assistants, accountants, auditors, paralegals, and other professional, technical, and support [staff] personnel as necessary to promote the effective and efficient conduct of the unit'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 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 chapters 76 and 77.]"

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 3. This Act shall take effect on July 1, 2002.