Report Title:

Insurance; Elders; Penalties

Description:

Adds enhanced civil and administrative penalties for insurance violations committed against elders.

HOUSE OF REPRESENTATIVES	H.B. NO.	3100
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENHANCED PENALTIES FOR INSURANCE VIOLATIONS COMMITTED AGAINST ELDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 431, Hawaii Revised Statutes, is amended by adding to article 2 two new sections to be appropriately designated and to read as follows:

     "§431-  Additional administrative penalties for insurance violations committed against elders. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation.

§431-  Additional civil penalties for insurance violations committed against elders. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $50,000 for each violation."

SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________
	BY REQUEST