HOUSE BILL NO. 58

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H0058...........................................................by MR. SPEAKER
                    Requested by: Department of Insurance
GOVERNMENT AGENCIES - INFORMATION SHARING - Amends existing law to provide for
the sharing of information among governmental agencies and the National
Association of Insurance Commissioners.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Bus
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 63-6-1
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Lake,
      Langford, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
      Moyle, Naccarato, Nielsen, Raybould, Ring, Ringo, Roberts, Robison,
      Rydalch, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Kulczyk, McKague, Ridinger, Sali, Wood
      Absent and excused -- Henbest
    Floor Sponsor - Cannon
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Com/HuRes
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Goedde
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed
03/17    To Governor
03/20    Governor signed
         Session Law Chapter 102
         Effective: 07/01/03

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 58
                                                                        
                                       BY MR. SPEAKER
                           Requested by: Department of Insurance
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-249, IDAHO  CODE,
  3        TO  PROVIDE FOR THE SHARING OF CONFIDENTIAL INFORMATION AMONG GOVERNMENTAL
  4        AGENCIES AND THE  NATIONAL  ASSOCIATION  OF  INSURANCE  COMMISSIONERS,  TO
  5        AUTHORIZE  THE  DIRECTOR TO ENTER INTO INFORMATION SHARING AGREEMENTS WITH
  6        OTHER GOVERNMENTS AND AGENCIES AND WITH THE NATIONAL ASSOCIATION OF INSUR-
  7        ANCE COMMISSIONERS, TO PROVIDE A REFERENCE TO PRODUCERS AND  OTHER  LICEN-
  8        SEES AND TO PROVIDE CODE REFERENCES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  41-249, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        41-249.  SHARING OF INFORMATION PROVIDED BY  AMONG  GOVERNMENTAL  AGENCIES
 13    AND  THE  NATIONAL  ASSOCIATION  OF INSURANCE COMMISSIONERS. (1) Any document,
 14    report, or other recorded information provided to the director by any  federal
 15    or  state  government or regulatory or law enforcement agency, or any combina-
 16    tion thereof, or  by  the  national  association  of  insurance  commissioners
 17    (NAIC), which is marked "confidential" or "for regulator use only" or by simi-
 18    lar  terms or concerning which the NAIC entity requires written assurance that
 19    a state the director maintain such information in confidence before  the  NAIC
 20    entity  will  release  the information, may be maintained by the director on a
 21    confidential basis and is not required to be disclosed to  the  public.;  pro-
 22    vided that
 23        (2)  The  director  may  provide  any  document, report, or other recorded
 24    information to any federal or state government or regulatory or  law  enforce-
 25    ment  agency,  or  any  combination  thereof,  or to the NAIC, which is marked
 26    "confidential" or "for regulator use only" or by similar terms  or  concerning
 27    which  the  director  requires written assurance that the entity maintain such
 28    information in confidence before he will release it to such entity.
 29        (3)  The director is authorized to enter into agreements with  other  gov-
 30    ernments,  agencies,  or any combination thereof, or with the NAIC, in connec-
 31    tion with his duties and responsibilities pursuant to this section.
 32        (4)  Tthe application of this section shall not prevent an insurance  com-
 33    pany  or  producer  or  other  licensee from obtaining information used by the
 34    department of insurance in making regulatory decisions  or  taking  regulatory
 35    action  affecting  the company consistent with chapter 3, title 9, Idaho Code,
 36    and title 41, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12360

This bill amends Section 41-249, Idaho Code, which previously
sanctioned the confidential treatment of information received from
the National Association of Insurance Commissioners (NAIC).  This
bill expands that provision to include information received from
other governmental entities. This bill also provides for the
director of the Department of Insurance to share confidential
information with other governmental agencies and the NAIC, and
permits the director to enter into agreements with other
governmental agencies and clarifies that a licensee is able to
obtain information about itself consistent with the other
provisions of Title 41 and the Idaho Public Records Act.






                         FISCAL IMPACT

There is expected to be no fiscal impact to the state's General
Fund.

CONTACT
Name:        Shad D. Priest
Agency:      Insurance, Dept. of
Phone:       334-4250

Statement of Purpose/Fiscal Impact                     H 5