SLS 16RS-485 ORIGINAL
2016 Regular Session
SENATE BILL NO. 217
BY SENATOR BISHOP
INSURANCE COMMI SSIONER. Provides for the confidentiality of records disclosed to
or by the commissioner of insurance during the course of an insurance receivership. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 44:4.1(B)(11) and to enact R.S. 22:2045, relative to insurance
3 receiverships; to provide for the confidential treatment of documents disclosed to the
4 commissioner of insurance by an insurance receivership; to provide for the
5 confidential treatment of documents disclosed by the commissioner of insurance to
6 an insurance receivership; to provide for an exemption to the Public Records Law
7 for such documents; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:2045 is hereby enacted to read as follows:
10 §2045. Confidentiality
11 A. All working papers, recorded information, documents, and copies
12 thereof produced by, obtained by, or disclosed to the commissioner, or any
13 other person, in the course of an action pursuant to this Chapter, shall be given
14 confidential treatment and shall not be subject to subpoena or disclosed
15 pursuant to the Public Records Law.
16 B. All working papers, recorded information, documents, and copies
17 thereof disclosed by the commissioner, or any other person, to the receiver in
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 217
SLS 16RS-485 ORIGINAL
1 the course of an action pursuant to this Chapter, shall be given confidential
2 treatment and shall not be subject to subpoena or disclosed pursuant to the
3 Public Records Law.
4 C. Nothing contained in this Chapter shall be construed to limit the
5 commissioner's authority to use any working papers, recorded information,
6 documents, and copies thereof or any other information discovered or
7 developed during the course of any action pursuant to this Chapter in the
8 furtherance of any legal or regulatory action that the commissioner may, in his
9 sole discretion, deem appropriate.
10 Section 2. R.S. 44:4.1(B)(11) is hereby amended and reenacted to read as follows:
11 §4.1. Exceptions
12 * * *
13 B. The legislature further recognizes that there exist exceptions, exemptions,
14 and limitations to the laws pertaining to public records throughout the revised
15 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
16 limitations are hereby continued in effect by incorporation into this Chapter by
17 citation:
18 * * *
19 (11) R.S. 22:2, 14, 31, 42.1, 88, 244, 263, 265, 461, 550.7, 571, 572, 572.1,
20 574, 618, 639, 691.4, 691.5, 691.6, 691.7, 691.8, 691.9, 691.9.1, 691.10, 691.38,
21 691.56, 732, 752, 753, 771, 834, 972(D), 1008, 1019.2, 1203, 1460, 1464, 1466,
22 1488, 1546, 1559, 1566(D), 1644, 1656, 1723, 1796, 1801, 1927, 1929, 1983, 1984,
23 2036, 2045, 2056, 2085, 2091, 2293, 2303
24 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Cooper.
DIGEST
SB 217 Original 2016 Regular Session Bishop
Proposed law requires all working papers, recorded information, documents, and copies
thereof produced, obtained or disclosed to the commissioner pursuant to receivership
proceedings to be given confidential treatment and not to be subject to subpoena or disclosed
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 217
SLS 16RS-485 ORIGINAL
pursuant to the Public Records Law.
Proposed law requires all working papers, recorded information, documents and copies
thereof disclosed by the commissioner, or any other person, to the receiver pursuant to
receivership proceedings to be given confidential treatment and not to be subject to subpoena
or disclosed pursuant to Public Records Law.
Proposed law prohibits any limitation to the commissioner's authority to use any working
papers, recorded information, documents, and copies thereof discovered or developed during
the course of receivership proceedings.
Effective August 1, 2016.
(Amends R.S. 44:4.1(B)(11); adds R.S. 22:2045)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.