S*0162(Rat #0509, Act #0436 of 1984)  General Bill, By Moore

Similar(H 2361)
 A Bill to amend Title 23, Code of Law of South Carolina, 1976, relating to law
 enforcement and public safety, by adding Chapter 41, so as to provide for
 certain authorized agencies to request and receive from insurance companies
 information relating to fire losses; to provide that insurance companies may
 notify authorized agencies of suspicious fire losses; to provide for immunity
 to those insurance companies that provide information under the provisions of
 this Act; to provide for the exchange of information between the insurance
 companies and the authorized agencies and the exchange of information between
 authorized agencies; to provide for confidentiality of released information;
 to provide for testimony in matters under litigation and to provide for
 penalties for violations.-amended title

   01/26/83  Senate Introduced and read first time SJ-255
   01/26/83  Senate Referred to Committee on Banking and Insurance SJ-25
   05/12/83  Senate Committee report: Favorable with amendment
                     Banking and Insurance SJ-1349
   05/19/83  Senate Amended SJ-1419
   05/19/83  Senate Read second time SJ-1420
   05/26/83  Senate Read third time and sent to House SJ-1514
   05/31/83  House  Introduced and read first time HJ-3272
   05/31/83  House  Referred to Committee on Education and Public
                     Works HJ-3272
   02/01/84  House  Committee report: Recommended refer to different
                     committee Education and Public Works HJ-785
   02/01/84  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-786
   04/11/84  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-2307
   04/12/84  House  Debate interrupted HJ-2404
   04/17/84  House  Debate adjourned until Tuesday, April 24, 1984 HJ-242
   04/24/84  House  Objection by Rep. J. Arthur, J.Rogers, O.
                     Phillips & Short HJ-2575
   05/01/84  House  Objection withdrawn by Rep. J. Arthur & O.
                     Phillips HJ-2781
   05/02/84  House  Objection withdrawn by Rep. Short HJ-2830
   05/02/84  House  Objection withdrawn by Rep. J. Rogers HJ-2831
   05/03/84  House  Debate adjourned until Tuesday, May 8, 1984 HJ-2874
   05/08/84  House  Objection by Rep. Kohn, J. Bradley, & Day HJ-2920
   05/08/84  House  Objection withdrawn by Rep. Day HJ-2930
   05/09/84  House  Objection by Rep. Cobb, Woods, Derrick, Brown &
                     Waldro HJ-2971
   05/22/84  House  Objection withdrawn by Rep. Derrick & Waldrop HJ-3186
   05/24/84  House  Special order, set for after consideration of H
                     3693 (Under H 3949) HJ-3353
   05/29/84  House  Read second time HJ-3427
   05/30/84  House  Read third time and enrolled HJ-3479
   06/13/84         Ratified R 509
   06/19/84         Signed By Governor
   06/19/84         Effective date 06/19/84
   06/19/84         Act No. 436
   06/27/84         Copies available

AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 41, SO AS TO PROVIDE FOR CERTAIN AUTHORIZED AGENCIES TO REQUEST AND RECEIVE FROM INSURANCE COMPANIES INFORMATION RELATING TO FIRE LOSSES; TO PROVIDE THAT INSURANCE COMPANIES MAY NOTIFY AUTHORIZED AGENCIES OF SUSPICIOUS FIRE LOSSES; TO PROVIDE FOR IMMUNITY TO THOSE INSURANCE COMPANIES THAT PROVIDE INFORMATION UNDER THE PROVISIONS OF THIS ACT; TO PROVIDE FOR THE EXCHANGE OF INFORMATION BETWEEN THE INSURANCE COMPANIES AND THE AUTHORIZED AGENCIES AND THE EXCHANGE OF INFORMATION BETWEEN AUTHORIZED AGENCIES; TO PROVIDE FOR CONFIDENTIALITY OF RELEASED INFORMATION; TO PROVIDE FOR TESTIMONY IN MATTERS UNDER LITIGATION AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Arson Reporting-Immunity Act

SECTION 1. Title 23 of the 1976 Code is amended by adding:

"CHAPTER 41

Arson Reporting-Immunity Act

Section 23-41-10. This chapter may be cited as the South Carolina Arson Reporting-Immunity Act.

Section 23-41-20. For the purpose of this chapter:

(a) 'Authorized agencies' means:

(1) The State Fire Marshal when authorized or charged with the investigation of fires at the place where the fire actually took place;

(2) The Chief of the State Law Enforcement Division;

(3) The South Carolina Attorney General;

(4) The solicitor responsible for prosecution in the county where the fire occurred;

(b) 'Relevant' means having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

(c) Material will be 'deemed important' if such material is requested by an authorized agency.

(d) 'Action' shall include affirmative acts and the failure to take action.

(e) 'Immune' means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this chapter unless actual malice on the part of the insurance company or authorized agency against the insured or gross negligence or reckless disregard for his rights is present.

Section 23-41-30. (a) Any authorized agency may require, in writing, the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession, relating to the fire loss in question. Relevant information includes:

(1) Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy;

(2) Policy premium payment records which are available;

(3) History of previous claims made by the insured;

(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.

(b) When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company may notify, in writing, an authorized agency and provide it with any or all material developed from the company's inquiry into the fire loss; however, when such information includes possible evidence of arson or other unlawful burning involving specifically named persons, the information in all cases may be furnished to the solicitor in the circuit where the fire occurred and he shall furnish the information to other proper authorized agencies if he deems such action to be appropriate. When an insurance company provides any one of the authorized agencies with notice of a fire loss, it is sufficient notice for the purpose of this chapter.

(c) The authorized agency provided with information pursuant to this chapter may release or provide such information to any agency asked to participate in the investigation.

(d) Any insurance company providing information to an authorized agency pursuant to this chapter has the right to be informed, upon written request, as to the status of the case by such agency withina reasonable time, as determined by the authorized agency.

(e) Any insurance company or authorized agency which releases information, whether oral or written, and any person acting in their behalf, pursuant to this chapter is immune from any liability arising out of such release.

Section 23-41-40. (a) Any authorized agency or insurance company which receives any information furnished pursuant to this chapter, must hold the information in confidence until such time as its release is required pursuant to a criminal or civil action or proceeding.

(b) Any authorized agency, its agents or employees, may be required to testify in any litigation in which the insurance company at interest is named as a party until such litigation is completed.

Section 23-41-50. (a) No person shall intentionally or knowingly refuse to release any information requested pursuant to this chapter.

(b) No person shall fail to hold in confidence information required to be held in confidence by this chapter.

Section 23-41-60. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not morethan two years, or both."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.