S*733 Session 106 (1985-1986)
S*0733(Rat #0599, Act #0513 of 1986) General Bill, By Saleeby, Holland, Land,
J.A. Martin and P.B. McLeod
Similar(H 3111)
A Bill to establish the Motor Vehicle Theft and Motor Vehicle Insurance Fraud
Reporting-Immunity Act, to provide for the exchange of information relating to
motor vehicle theft or motor vehicle insurance fraud between authorized
governmental agencies and insurers, to provide for immunity from civil and
criminal liability for the exchanges, to provide for confidentiality, and to
provide a penalty.
10/07/85 Senate Prefiled
10/07/85 Senate Referred to Committee on Transportation
01/14/86 Senate Introduced and read first time SJ-56
01/14/86 Senate Referred to Committee on Transportation SJ-56
02/26/86 Senate Committee report: Favorable Transportation SJ-758
02/27/86 Senate Read second time SJ-771
03/25/86 Senate Read third time and sent to House SJ-1172
03/26/86 House Introduced and read first time HJ-1954
03/26/86 House Referred to Committee on Judiciary HJ-1954
05/08/86 House Committee report: Favorable with amendment
Judiciary HJ-2916
05/21/86 House Amended HJ-3201
05/21/86 House Read second time HJ-3202
05/22/86 House Read third time HJ-3247
05/22/86 House Returned HJ-3247
05/23/86 Senate Non-concurrence in House amendment SJ-3001
05/27/86 House House insists upon amendment and conference
committee appointed Reps. McLellan, McLeod & WD
Arthur HJ-3305
05/28/86 Senate Conference committee appointed Sens. Saleeby,
Land, and Martin SJ-3307
06/05/86 House Conference report received HJ-3827
06/05/86 House Conference report adopted HJ-3828
06/05/86 Senate Conference report received SJ-3697
06/05/86 Senate Conference report adopted SJ-3697
06/05/86 Senate Ordered enrolled for ratification SJ-3697
06/05/86 Ratified R 599
06/12/86 Signed By Governor
06/12/86 Effective date 06/12/86
06/12/86 Act No. 513
06/20/86 Copies available
(A513, R599, S733)
AN ACT TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD
REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO
MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED
GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND
CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO
PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Motor Vehicle Theft and Motor
Vehicle Insurance Fraud Reporting-Immunity Act".
SECTION 2. As used in this act:
(a) "Authorized agency" means:
(1) The South Carolina State Law Enforcement Division, the State Highway
Patrol, the Sheriff's Department of any county of this State, and any duly
constituted criminal investigative department or agency of another state or the
United States.
(2) The Attorney General of this State, any circuit solicitor of this State,
any prosecuting attorney for a county, circuit, or district of another state or
of the United States.
(3) The South Carolina Department of Insurance, the South Carolina
Department of Highways and Public Transportation, and the South Carolina
Department of Consumer Affairs.
(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) "Action" means affirmative acts and the failure to take action.
(d) "Immune" means that neither a civil action nor a criminal
prosecution may arise from any action taken pursuant to this act unless
negligence on the part of the insurance company or authorized agency against the
insured is shown.
SECTION 3. (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 considered important to the authorized agency which the
company may have in its possession, relating to any specific motor vehicle theft
or motor vehicle insurance fraud. Relevant information includes:
(1) Pertinent insurance policy information relevant to theft or fraud under
investigation and any application for 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 motor vehicle loss
in which it has an interest may involve theft or a fraudulent claim, 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 loss; however, when this
information includes possible evidence of motor vehicle theft or motor vehicle
insurance fraud involving specifically named persons, the information in all
cases may be furnished to the
solicitor in the circuit where the loss occurred and he shall furnish the
information to other authorized agencies if he considers the action appropriate.
When an insurance company provides any one of the authorized agencies with notice
of a theft or fraud, it is sufficient notice for the purpose of this act.
(c) The authorized agency provided with information may release or provide the
information to any agency asked to participate in the investigation.
(d) Any insurance company providing information to an authorized agency has
the right to be informed, upon written request, as to the status of the case by
the agency within a 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
act, is immune from any liability arising out of the release.
SECTION 4. (a) Any authorized agency or insurance company which receives any
information furnished pursuant to this act must hold the information in
confidence until 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.
SECTION 5. (a) No person shall intentionally or knowingly refuse to release any
information requested pursuant to this act.
(b) No person shall fail to hold in confidence information required to be held
in confidence by this act.
SECTION 6. Any person who violates the provisions of this act is guilty of a
misdemeanor and upon conviction must be fined
not more than three thousand dollars or be imprisoned for not more than two
years, or both.
SECTION 7. This act shall take effect upon approval by the Governor. |