HLS 15RS-708 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 185
BY REPRESENTATIVE LORUSSO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE COMMI SSIONER: Authorizes the commissioner of insurance to maintain
and to share confidential information with other state, federal, and international
entities
1 AN ACT
2To amend and reenact R.S. 22:2(B), relative to the authority of the commissioner of
3 insurance; to clarify and otherwise provide with respect to the authority of the
4 commissioner to maintain and to share confidential information with certain state,
5 federal, and international entities; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:2(B) is hereby amended and reenacted to read as follows:
8 ยง2. Insurance regulated in the public interest
9 * * *
10 B.(1) The commissioner shall maintain, as confidential, any document or
11 information received from the National Association of Insurance Commissioners,
12 insurance department of other states, international, federal, or state law enforcement
13 agencies, and international, federal, or state regulatory agencies with statutory
14 oversight over the financial services industry, which entities specified in Paragraph
15 (3) of this Subsection that is confidential under the law laws of the state or other
16 jurisdiction that sent the document or the applicable laws and regulations of the
17 federal agency having jurisdiction.
18 (2) The commissioner may provide documents or information, including
19 otherwise confidential documents or information, to state, federal, or international
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HB NO. 185
1 law enforcement agencies, to the entities specified in Paragraph (3) of this
2 Subsection if the entity agrees to maintain the confidentiality of those documents that
3 are confidential under the laws of this state and has the legal ability to so agree.
4 (3) The commissioner may share confidential information and documents
5 pursuant to Paragraphs (1) and (2) of this Subsection with the following:
6 (a) The National Association of Insurance Commissioners and its affiliates.
7 (b) insurance Insurance departments of other states or of foreign countries.
8 (c) Law enforcement agencies of this state, the United States, or of other
9 states or foreign countries.
10 (d) Regulatory agencies of this state, the United States, or of other states or
11 foreign countries having jurisdiction over financial services.
12 (e) Other agencies of this state or the United States. or to other state, federal,
13 or international regulatory agencies with statutory oversight over the financial
14 services industry, including but not limited to the Louisiana Office of Financial
15 Institutions, if the recipient agrees to maintain the confidentiality of those documents
16 which are confidential under the laws of this state.
17 (4) The sharing of confidential or privileged information in accordance with
18 this Subsection shall not be deemed a waiver of any privilege or claim of
19 confidentiality in the documents, materials, or information. The commissioner is
20 authorized to use such documents, materials, or other information in the furtherance
21 of any regulatory or legal action brought as part of the commissioner's official duties.
22 (5) The commissioner shall not share with agencies or entities outside the
23 jurisdiction of the United States an individual's identifying information as provided
24 in R.S. 22:42.1.
25 * * *
26 Section 2. This Act shall become effective upon signature by the governor or, if not
27signed by the governor, upon expiration of the time for bills to become law without signature
28by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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HB NO. 185
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 185 Reengrossed 2015 Regular Session Lorusso
Abstract: Provides relative to the authority of the insurance commissioner to maintain and
to share confidential information with certain state, federal, and international entities.
Present law requires the insurance commissioner to maintain as confidential any document
received from certain entities which is confidential under the law of the state that sent the
document or the applicable laws and regulations of the federal agency.
Proposed law additionally requires the commissioner to maintain as confidential those
documents that are confidential under the laws of jurisdictions other than a state or a federal
agency.
Present law authorizes the commissioner to share such documents, including otherwise
confidential documents, with such entities if the recipient agrees to maintain the
confidentiality of those documents which are confidential under the laws of this state.
Proposed law additionally requires that the receiving entity have the legal ability to agree
to maintain confidentiality of the documents.
Present law specifies the following entities:
(1)The National Association of Insurance Commissioners (NAIC).
(2)Insurance departments of other states.
(3)International, federal, or state law enforcement agencies.
(4)International, federal, or state regulatory agencies with statutory oversight over the
financial services industry.
Proposed law additionally includes the following entities:
(1) Affiliates of the NAIC.
(2)Insurance departments of foreign countries.
(3)Other agencies of this state or the U.S.
Present law provides that this sharing of confidential documents is not a waiver of privilege
or confidentiality. Further authorizes the commissioner to use such confidential documents
in any official regulatory or legal action.
Proposed law retains present law.
Present law provides relative to confidentiality of information in the custody of the Dept. of
Insurance, including prohibiting the disclosure of such information pursuant to the Public
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HB NO. 185
Records Law. Specifies confidential identifiers, including names, birth dates, social security
numbers, and zip codes.
Proposed law prohibits the commissioner from sharing with agencies or entities outside the
jurisdiction of the U. S. an individual's identifying information as provided in present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 22:2(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
original bill:
1. Add the following to the list of entities with which the commissioner may share
information: the National Assn. of Registered Agents and Brokers, the
International Assn. of Insurance Supervisors, and the Bank for International
Settlements.
2. Add the prohibition against the commissioner sharing with agencies or entities
outside the jurisdiction of the U. S. an individual's identifying information as
provided in present law.
The House Floor Amendments to the engrossed bill:
1. Delete the following from the list of entities with which the commissioner may
share information: the National Assn. of Registered Agents and Brokers, the
International Assn. of Insurance Supervisors, and the Bank for International
Settlements.
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