The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Cheryl Cooper.
DIGEST
SB 192 Original 2016 Regular Session Johns
Present law permits the division of fraud ("the division") to make requests for materials and evidence
from a person outside the state. The person so requested may make it available to the division or its
representative, including officials of the state in which the matter is located, to inspect the matter on
its behalf, and it may respond to similar requests from officials of other states.
Present law protects the division's papers, documents, reports, or evidence relative to the subject of
an investigation from public inspection for so long as the commissioner deems reasonably necessary
to complete the investigation, to protect the person investigated from unwarranted injury, or to be
in the public domain. Further provides that such papers, documents, reports, or evidence shall not
be subject to subpoena until opened for public inspection by the commissioner, unless the
commissioner consents, or until after notice to the commissioner and a hearing, a court of competent
jurisdiction determines the division would not be necessarily hindered by the subpoena.
Proposed law requires the division's papers, documents, reports, or evidence relative to the subject
of an investigation to be given confidential treatment and not to be subject to subpoena and may not
be made public by the commissioner or any other person, except the commissioner may disclose the
content of papers, documents, reports, or evidence to the insurance department of this or any other
state or country, or to law enforcement officials of this or any other state or agency of the federal
government provided such agency or office receiving the reports or matters relating thereto agrees,
in writing, to hold it confidential.
Proposed law prohibits limiting the commissioner's authority to use papers, documents, reports, or
evidence relative to the subject of an investigation, or any other information discovered or developed
during the course of any investigation in furtherance of any legal or regulatory action.
Effective August 1, 2016.
(Amends R.S. 22:1927)