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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 INFORMATIONPROVIDED BYAMONG 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 theNAICentity requires written assurance that 19a statethe director maintain such information in confidence before theNAIC20 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-22vided that23 (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
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