North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.8123.~~02000~~
	1	+	25.8123.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Industry and Business Committee
7	7		(At the request of the Insurance Commissioner)
8		-	A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 and subsection 6 of
9		-	section 26.1-03-19.4 of the North Dakota Century Code, relating to confidentiality of insurance
10		-	department records.
	8	+	A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 of the North Dakota
	9	+	Century Code, relating to confidentiality of insurance department records.
11	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	11		SECTION 1. AMENDMENT. Subsection 1 of section 26.1-02-31 of the North Dakota
13	12		Century Code is amended and reenacted as follows:
14	13		1.A document, material, or other information, including the contents of a claim file, which
15	14		is provided to, obtained by, created by, or disclosed to the commissioner in response
16	15		to a consumer assistance request or a complaint is confidential and not subject to
17	16		section 44-04-18, a subpoena to the department, or discovery request or admissible
18	17		as evidence in a private civil action. However, the commissioner may disclose the
19	18		subject matter of the assistance request or complaint, provide a general description of
20	19		the disposition of the request or complaint, andThe commissioner may use the
21	20		document, material, or other information for a regulatory or legal action brought as a
22	21		part of the official duties of the commissioner. This section does not preclude the
23	22		commissioner from publishing orders resulting from administrative action taken by the
24	23		commissioner or providing the general description of the disposition of the consumer
25	24		assistance request or complaint.
26		-	SECTION 2. AMENDMENT. Subsection 6 of section 26.1-03-19.4 of the North Dakota
27		-	Century Code is amended and reenacted as follows:
28		-	6.All working papers, recorded information, documents, and copies thereof produced by,
29		-	obtained by, or disclosed to the commissioner or any other person in the course of an
30		-	Page No. 1 25.8123.02000
31		-	ENGROSSED SENATE BILL NO. 2089
32		-	FIRST ENGROSSMENT
	25	+	Page No. 1 25.8123.01000
	26	+	SENATE BILL NO. 2089
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54		-	22 Sixty-ninth
55		-	Legislative Assembly
56		-	examination made under this chapter, or in the course of analysis by the commissioner
57		-	of the financial condition or market conduct of the company, must be given confidential
58		-	treatment and are not subject to subpoena and may not be made public by the
59		-	commissioner or any other person, except to the extent provided in subsection 5.
60		-	Access also may be granted to the national association of insurance commissioners.
61		-	The parties must agree in writing prior to receiving the information to provide to it the
62		-	same confidential treatment as required by this section, unless the prior written
63		-	consent of the company to which it pertains has been obtained. Disclosure of
64		-	documents, materials, or information to the commissioner under this section, or as a
65		-	result of sharing as authorized in subdivision b of subsection 5, does not waive an
66		-	existing privilege or claim of confidentiality.
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