New Jersey-2022-A2609-Introduced

An Act requiring the Department of Banking and Insurance to publish and maintain an Internet webpage containing certain information on persons wanted for the commission of certain insurance crimes and supplementing P.L.1983, c.320 (C.17:33A-1 et seq).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Department" means the Department of Banking and Insurance.

"Superstorm Sandy" means the major storm that made landfall in New Jersey on October 29, 2012.

"Wanted person" means an individual who is subject to an outstanding arrest warrant or pending charges for an insurance crime, including but not limited to insurance fraud.

2. a. The department shall publish and maintain an Internet webpage that contains information on wanted persons. The department shall publish additionally and separately on the Internet webpage the information of each wanted person who is wanted specifically in relation to an insurance crime associated with damage from, or recovery or rebuilding efforts related to, Superstorm Sandy.

b. The department shall post a hyperlink to the Internet webpage published and maintained pursuant to this act in a prominent location on the homepage of the department's Internet website.

3. The Commissioner of Banking and Insurance shall, in consultation with the Attorney General and the Office of the Insurance Fraud Prosecutor in the Department of Law and Public Safety, promulgate and adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to:

a. define "insurance crime," not inconsistent with section 1 of this act;

b. establish standards related to the information of a wanted person that is subject to publication on the department's Internet webpage;

c. require the publication of a wanted person's information if the person is wanted in relation to an insurance crime associated with damage from, or recovery or rebuilding efforts related to, Superstorm Sandy;

d. establish procedures and standards for determining whether or not to publish the information of a wanted person, if the person is wanted for an insurance crime that is not associated with or related to Superstorm Sandy; and

e. otherwise effectuate the purposes of this act.

4. This act shall take effect on the 90th day next following enactment, except that the Commissioner of Banking and Insurance may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires the Department of Banking and Insurance to publish and maintain an Internet webpage that contains certain information on persons who are wanted in connection with certain insurance crimes. Under the bill, an individual who is subject to an outstanding arrest warrant or pending charges for an insurance crime is subject to have the individual's information published on the webpage. Additionally, the bill requires the department to publish separately on the webpage the information of any individual who is wanted in relation to an insurance crime associated with damage from, or recovery or rebuilding efforts related to, Superstorm Sandy.

The bill requires the department to post a hyperlink to the webpage, published and maintained pursuant to the bill, in a prominent location on the homepage of the department's Internet website. The bill also requires the Commissioner of Banking and Insurance to promulgate and adopt rules and regulations, in consultation with the Attorney General and the Office of the Insurance Fraud Prosecutor to:

1. define what constitutes an "insurance crime";

2. establish standards related to the information that is subject to publication on the department's Internet webpage;

3. require the publication of a wanted person's information if the person is wanted in relation to an insurance crime associated with damage from, or recovery or rebuilding efforts related to, Superstorm Sandy; and

4. establish procedures and standards for determining whether or not to publish the information of a wanted person, if the person is wanted for an insurance crime that is not associated with or related to Superstorm Sandy.

Insurance fraud is one of the most costly financial crimes in the United States, costing the insurance industry an estimated $80 billion annually according to the Coalition Against Insurance Fraud, which includes insurance companies, consumer groups and government agencies. Other states, including Florida, Utah, and Washington, have already established most wanted Internet webpages to draw attention to insurance fraud investigations, generate leads, and to educate the public about insurance fraud.