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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - SOUTH DAKOTA

South Dakota State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1042

262

Producer licensure -- renewals

Revises requirements regarding the license renewal of insurance producers who do not sell, solicit or negotiate insurance. Effective: July 1, 2006.

HB 1044

249

Property insurance

Clarifies the application of provisions relating to the exemption of specified debt cancellation contracts from insurance regulation. Effective: July 1, 2006.

HB 1058

250

Fraud

Revises provisions regarding investigations of the Division of Insurance of any person doing insurance business; requires investigations to be completed in a timely manner; requires notification; requires a report to the Legislature concerning activities of the fraud prevention unit, including outcome of cases investigated, number and type of cases pending without final action for more than twelve months and cost incurred during such investigations. Effective: July 1, 2006.

HB 1070

263

Producer licensure - suspensions, revocations

Prohibits insurers from taking specified actions based on receipt of a notice of hearings and charges against insurance producers; requires that persons receiving such notice also receive notice of the final determination of the matter; relates to a surplus lines broker. Effective: July 1, 2006.

HB 1107

157

Motor vehicle insurance - salvage title

Clarifies the definition of a salvage vehicle that an insurer determines a total loss due to damage caused by fire, vandalism, collision, weather, submersion in water or flood; exempts vehicles more that a specified number of years old and with a specified gross vehicle weight rating. Effective: July 1, 2006.

HB 1118

171

Motor vehicle insurance - traffic offenses

Revises provisions regarding failure to stop at the command of a law enforcement officer; relates to eluding a law enforcement officer in a vehicle; relates to revoking a defendant's driver's license. Effective: July 1, 2006.

HB 1119

168

Motor vehicle insurance - traffic offenses

Repeals certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency. Effective: July 1, 2006.

HB 1163

165

Motor vehicle insurance-traffic offenses

Revises certain provisions regarding court suspensions and revocations of driver licenses. Effective: July 1, 2006.

HB 1165

271

Workers' compensation - disputes and settlements

Establishes a workers compensation small claims procedure for medical expenses not exceeding a specified amount. Effective: July 1, 2006.

HB 1190

170

Motor vehicle insurance - traffic offenses

Specifies exclude ridden animals and bicycles from the definition of violations of the DUI statutes. Effective: July 1, 2006.

HB 1197

269

Workers' compensation - benefits, claims or treatments

Revises provisions regarding the reduction of unemployment benefits; provides that a person is not entitled to benefits for a week for which the person receives remuneration in the form of termination, vacation, holiday, severance or dismissal payments in lieu of notice; relates to compensation for temporary partial disability under the workers' compensation law. Effective: July 1, 2006.

SB 1

169

Motor vehicle insurance - traffic offenses

Provides for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under the influence of alcohol or drugs; provides that a person tested may have a physician, laboratory technician, nurse, physician's assistant or medical technologist of the person's choosing to administer a chemical analysis in addition to the one administered at the direction of the law enforcement officer and be available to the person's attorney. Effective: July 1, 2006.

SB 37

185

Fire insurance

Revises certain provisions regarding fire safety; relates to the authority of the Department of Public Safety to promulgate rules pertaining to fire safety. Effective: July 1, 2006.

SB 44

260

Policy form filings

Repeals provisions regarding waiting periods for the filing of insurance rates; revises definitions and filing requirements for casualty insurance to include liability insurance that insures statements of title to real estate. Effective: July 1, 2006.

SB 108

266

Workers' compensation - fund management

Revises provisions defining employer contributions that are not deemed to be wages, including insurance on annuities, workers' compensation payments, retirement or pension under specified circumstances and medical or hospitalization expenses in connection with sickness or accident disability; relates to a fund to provide payments on account of death, pension or retirement, if the payment is made pursuant to a qualified plan. Effective: July 1, 2006.

SD 180

246

Identity theft - security freezes

Requires consumer reporting agencies to provide security freezes for consumers who are victims of identity theft who have submitted a valid police report to a consumer reporting agency; requires a written confirmation to the consumer; prohibits use of credit information for prescreening; relates to proper identification; regulates actions by third parties. Effective: July 1, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.