S.B. 290

VETOES

(3) Where a certificate of authority is required; operate an insurer or
conduct an insurance business without obtaining a certificate of authority issued by the
Commissioner;

(4)     Make a false sworn statement that the person does not believe to be true
as to matter material to an examination, investigation, or hearing conducted by the
Commissioner; of

(5)     With intent to deceive, knowingly exhibit a false account, document, or
advertisement, relative to the affairs of an insurer.

[(e) A person who violates this section is guilty of a misdemeanor and is subject to
a fine of up to $10,000 or imprisonment for up to 3 years or both.]

(F)     (1) (i) A PERSON CONVICTED OF VIOLATING ANY PROVISION OF THIS
SECTION WHERE THE CLAIM OR ACT THAT IS THE SUBJECT OF THE FRAUD HAS A
VALUE OF $300 OR GREATER IS GUILTY OF A FELONY AND FOR EACH SUCH
VIOLATION SHALL RESTORE TO THE VICTIM THE PROPERTY TAKEN OR THE VALUE
OF THE PROPERTY TAKEN AND SHALL BE FINED AS DESCRIBED IN PARAGRAPH (2)
OF THIS SUBSECTION OR BE IMPRISONED FOR NOT MORE THAN 15 YEARS OR BOTH.

(II) A PERSON CONVICTED OF ANY OF THE PROVISIONS OF THIS

SECTION WHERE THE CLAIM OR ACT THAT IS THE SUBJECT OF THE FRAUD HAS A

VALUE OF UNDER $300 IS GUILTY OF A MISDEMEANOR AND SHALL RESTORE TO THE

VICTIM THE PROPERTY TAKEN OR THE VALUE OF THE PROPERTY TAKEN AND
SHALL BE FINED AS DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION OR BE

IMPRISONED FOR NOT MORE THAN 18 MONTHS OR BOTH.

(2)      IN ADDITION TO THE PENALTIES PROVIDED IN PARAGRAPH (1) OF
THIS SUBSECTION:

(I)      A PERSON CONVICTED OF VIOLATING ANY PROVISION OF
SUBSECTION (B) OF THIS SECTION SHALL FOR EACH SUCH VIOLATION BE SUBJECT
TO A FINE, THE MAXIMUM OF WHICH SHALL NOT EXCEED THREE TIMES THE VALUE
OF THE CLAIM OR ACT THAT IS THE SUBJECT OF THE FRAUD OR $10,000, WHICHEVER
IS GREATER, AND THE MINIMUM OF WHICH SHALL BE $500.

(II)     A PERSON CONVICTED OF VIOLATING ANY PROVISION OF
SUBSECTION (C), (D), OR (E) OF THIS SECTION IS FOR EACH SUCH VIOLATION
SUBJECT TO A FINE NOT TO EXCEED $10,000.

(3)     THE PENALTIES IMPOSED UNDER THIS SECTION MAY BE IMPOSED
SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR
ANY OTHER OFFENSE BASED UPON THE ACT OR ACTS ESTABLISHING A VIOLATION
OF THIS SECTION.

(G)     NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PENALTY
IMPOSED FOR A VIOLATION PURSUANT TO SUBSECTION (F)(2) OF THIS SECTION
SHALL BE MANDATORY AND NOT SUBJECT TO SUSPENSION.

233B.

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