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State of South Dakota  
SEVENTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY,  2003
 

400I0278  
HOUSE BILL   NO.     1045  

Introduced by:     The Committee on Commerce at the request of the Department of Commerce and Regulation  



         FOR AN ACT ENTITLED, An Act to  provide certain protections to insurance complainants and witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 58-33 be amended by adding thereto a NEW SECTION to read as follows:
     No person may retaliate in any manner against someone for filing a complaint or otherwise seeking the services of the division, nor through use of threat, whether actual or implied, trick, or artifice attempt to have someone withdraw a complaint filed with the division or to decline to testify or change their testimony in any matters before the division. Any notice sent by the division shall be limited so as to allow normal insurance functions that require contact with the insured or claimant such as claim handling to continue. Nothing in this section requires a licensee to continue to do business with a person or prohibits the cancellation or nonrenewal of a policy or contract of insurance if otherwise permitted by this Title. It is a violation of this section for any person to make contact with a complainant or witness after having received notice from the division not to contact that complainant or witness and the contact is not in compliance with that

notice.