Alaska 33rd Legislature (2023-2024) Status: Enacted Bipartisan · 4 D · 2 R cosponsors

SB 134 — An Act relating to insurance; relating to insurance data security; relating to mammograms; amending Rule 26, Alaska Rules of Civil Procedure, and Rules 402 and 501, Alaska Rules of Evidence; and providing for an effective date.

Last action — (S) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 21, 2023. Enacted.

Signed by Governor Mike Dunleavy (Republican) on October 09, 2024.

Prognosis

Likely to advance 82% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 2 R) — cross-party backing.

  • Mixed recorded votes

    7 passed, 3 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

574 added · 520 removed

Plain-language change summary

The revised version of SB 134 introduces a new section specifically focused on insurance data security, which establishes a uniform state standard for data security among insurance companies in Alaska. This change is significant because it clarifies how cybersecurity incidents should be investigated and reported and importantly, it ensures that individuals cannot sue for damages under these new data security rules. Overall, this amendment aims to strengthen protections for consumers while also providing a clear framework for the insurance industry to follow in safeguarding sensitive information.

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33-LS0253\B SENATE BILL NO.
LAWS OF ALASKA Source Chapter No.
134 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY SENATORS KAUFMAN, Dunbar, Giessel, Gray-Jackson, Claman Introduced:
HCS CSSB 134(JUD) _______ AN ACT Relating to insurance;
4/21/23 Referred:
relating to insurance data security;
Labor & Commerce, Judiciary, Finance A BILL FOR AN ACT ENTITLED "An Act relating to insurance data security;
relating to mammograms;
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and providing for an effective date.
* Section 1.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
AS 21.96 is amended by adding new sections to read:
THE ACT FOLLOWS ON PAGE 1 Enrolled SB 134 AN ACT Relating to insurance;
relating to insurance data security;
relating to mammograms;
amending Rule 26, Alaska Rules of Civil Procedure, and Rules 402 and 501, Alaska Rules of Evidence;
and providing for an effective date.
_______________ * Section 1.
AS 21.23 is amended by adding new sections to read:
Article 2.
Insurance Data Security.
21.96.250.
21.23.240.
Purpose and construction.
(a) AS 21.23.240 - 21.23.399 establish the exclusive state standard for data security for licensees and govern the investigation and notification of a cybersecurity event.
(b) AS 21.23.240 - 21.23.399 may not be construed to (1) create or imply a private cause of action for violation of AS 21.23.240 - 21.23.399;
or (2) prevent a private cause of action that would otherwise exist in the absence of AS 21.23.240 - 21.23.399.
-1- Enrolled SB 134 Sec.
21.23.250.
(a) A licensee shall conduct a risk assessment to evaluate the security and confidentiality of nonpublic information.
(a) A licensee shall conduct a risk assessment commensurate with the size and complexity of the licensee and in consideration of the nature and scope of the licensee's activities to evaluate the security and confidentiality of nonpublic information used by or in the possession or control of the licensee.
(2) assess the likelihood and potential damage of the threats identified SB0134A -1- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B in (1) of this subsection, taking into consideration the sensitivity of nonpublic information;
(2) assess the likelihood and potential damage of the threats identified in (1) of this subsection, taking into consideration the sensitivity of nonpublic information;
(b) A licensee shall use the licensee's risk assessment to design the licensee's information security program required under AS 21.96.260(a).
(b) A licensee shall use the licensee's risk assessment to design the licensee's information security program required under AS 21.23.260(a).
21.96.260.
21.23.260.
(a) A licensee shall develop, implement, and maintain a comprehensive written information security program based on the licensee's risk assessment conducted under AS 21.96.250(a).
(a) A licensee shall develop, implement, and maintain a comprehensive written information security program based on the licensee's risk assessment conducted under AS 21.23.250(a).
(b) A licensee's information security program must (1) contain administrative, technical, and physical safeguards to protect the security and confidentiality of nonpublic information and the security of the licensee's information system;
(b) A licensee's information security program must Enrolled SB 134 -2- (1) contain administrative, technical, and physical safeguards to protect the security and confidentiality of nonpublic information and the security of the licensee's information system;
SB 134 -2- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (c) In developing, implementing, and maintaining a licensee's information security program, the licensee shall (1) based on the licensee's risk assessment conducted under AS 21.96.250(a), implement the following security measures if the licensee determines that the security measure is appropriate:
(c) In developing, implementing, and maintaining a licensee's information security program, the licensee shall (1) based on the licensee's risk assessment conducted under AS 21.23.250(a), implement the following security measures if the licensee determines that the security measure is appropriate:
(E) adopt secure development practices for applications used by the licensee that are developed in-house;
-3- Enrolled SB 134 (E) adopt secure development practices for applications used by the licensee that are developed in-house;
the licensee shall adopt procedures for evaluating, assessing, or testing the security of externally developed applications used by the licensee;
the licensee shall adopt procedures for testing the security of externally developed applications used by the licensee;
(H) include audit trails inside the information security program that are designed to detect and respond to cybersecurity events and to SB0134A -3- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B reconstruct material financial transactions sufficient to support normal operations and obligations of the licensee;
(H) include audit trails inside the information security program that are designed to detect and respond to cybersecurity events and to reconstruct material financial transactions sufficient to support normal operations and obligations of the licensee;
(7) exercise due diligence in selecting a third-party service provider;
Enrolled SB 134 -4- (7) exercise due diligence in selecting a third-party service provider;
(8) require a third-party service provider to implement appropriate administrative, technical, and physical measures to protect and secure the information systems and nonpublic information that are accessible to, or held by, the third-party service provider;
(8) where appropriate, require a third-party service provider to implement appropriate administrative, technical, and physical measures to protect and secure the information systems and nonpublic information that are accessible to, or held by, the third-party service provider;
(9) monitor, evaluate, and adjust, as appropriate, the information security program consistent with relevant changes in technology, the sensitivity of its nonpublic information, internal or external threats to nonpublic information, and the licensee's own changing business arrangements, including mergers, acquisitions, alliances, joint ventures, outsourcing arrangements, and changes to information systems;
for purposes of this paragraph, encrypted nonpublic information is not considered accessible to, or held by, the third-party service provider if the associated protective process or key necessary to assign meaning to the nonpublic information is not within the possession of the third-party service provider;
and SB 134 -4- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (10) establish a written incident response plan designed to promptly respond to, and recover from, a cybersecurity event that compromises the confidentiality, integrity, or availability of nonpublic information in the licensee's possession, the licensee's information systems, or the continuing functionality of an aspect of the licensee's business or operations;
(9) require that a third-party service provider that has access to or holds nonpublic information notify the licensee as soon as possible but not later than 10 business days after determining that the third-party service provider has experienced a cybersecurity event involving nonpublic information associated with a consumer;
for purposes of this paragraph, encrypted nonpublic information is considered accessible to or held by the third-party service provider if the associated protective process or key necessary to assign meaning to the nonpublic information is within the possession of the third-party service provider;
(10) monitor, evaluate, and adjust, as appropriate, the information security program consistent with relevant changes in technology, the sensitivity of its nonpublic information, internal or external threats to nonpublic information, and the licensee's own changing business arrangements, including mergers, acquisitions, alliances, joint ventures, outsourcing arrangements, and changes to information systems;
and (11) establish a written incident response plan designed to promptly respond to, and recover from, a cybersecurity event that compromises the confidentiality, integrity, or availability of nonpublic information in the licensee's possession, the licensee's information systems, or the continuing functionality of an aspect of the licensee's business or operations;
(B) the goals of the incident response plan;
-5- Enrolled SB 134 (B) the goals of the incident response plan;
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(A) the overall status of the information security program and the licensee's compliance with AS 21.96.250 - 21.96.399;
(A) the overall status of the information security program and the licensee's compliance with AS 21.23.240 - 21.23.399;
and (B) material matters related to the information security program, including risk assessment, risk management and control decisions, SB0134A -5- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B third-party service provider arrangements, results of testing, cybersecurity events or violations, management's responses to the cybersecurity events or violations, and recommendations for changes in the information security program.
and (B) material matters related to the information security program, including risk assessment, risk management and control decisions, third-party service provider arrangements, results of testing, cybersecurity events or violations, management's responses to the cybersecurity events or violations, and recommendations for changes in the information security program.
The delegate shall provide a report to the executive management that complies with the requirements of (d)(2) of this section.
The delegate shall provide a report to the executive Enrolled SB 134 -6- management that complies with the requirements of (d)(2) of this section.
(f) Each licensee who is an insurer domiciled in this state shall (1) submit to the director a written statement by February 15 of each year certifying that the insurer is in compliance with the requirements under AS 21.96.250 and this section;
(f) Each licensee who is an insurer domiciled in this state shall (1) submit to the director a written statement by February 15 of each year certifying that the insurer is in compliance with the requirements under AS 21.23.250 and this section;
or SB 134 -6- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (C) an inherence factor, including a biometric characteristic.
or (C) an inherence factor, including a biometric characteristic.
21.96.270.
21.23.270.
During the investigation, if the licensee, outside vendor, or third-party service provider determines that a cybersecurity event has occurred, the licensee, outside vendor, or third-party service provider shall, to the extent possible, (1) assess the nature and scope of the cybersecurity event;
During the investigation, if the licensee, outside vendor, or third-party service provider determines that a cybersecurity event has occurred, the licensee, outside vendoor third-party service provider shall, to the extent possible, -7- Enrolled SB 134 (1) assess the nature and scope of the cybersecurity event;
and (3) perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
and (3) perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession or control.
21.96.280.
21.23.280.
(a) A licensee shall notify the director as soon as possible and not later than 72 hours after a licensee determines that a cybersecurity event has occurred, if (1) the licensee is an insurer and domiciled in this state;
(a) Unless a federal law enforcement official instructs the licensee not to distribute information regarding a cybersecurity event, a licensee shall notify the director as soon as possible and not later than three business days after the licensee determines that a cybersecurity event has occurred, if (1) the licensee is an insurer and domiciled in this state;
or (3) the licensee reasonably believes that the cybersecurity event involves the nonpublic information of 250 or more consumers residing in this state and SB0134A -7- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B the cybersecurity event (A) affects the licensee, and a state or federal law requires the licensee to provide notice of the cybersecurity event to a government agency;
or (3) the licensee reasonably believes that the cybersecurity event involves the nonpublic information of 250 or more consumers residing in this state and the cybersecurity event (A) affects the licensee, and a state or federal law requires the licensee to provide notice of the cybersecurity event to a government agency;
or (B) has a reasonable likelihood of materially harming a consumer residing in this state or a material part of the normal operation of the licensee.
or (B) has a reasonable likelihood of materially harming a consumer residing in this state or a material part of the normal operation of the Enrolled SB 134 -8- licensee.
(b) The notification to the director under (a) of this section must include, to the extent possible and in a form and format prescribed by the director, the following information:
(b) To the greatest extent possible and in a form and format prescribed by the director, the notification to the director under (a) of this section must include the following information:
(10) the results of an internal review identifying a lapse ineither the SB 134 -8- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B licensee's automated controls or internal procedures or confirming that the licensee followed all automated controls or internal procedures;
(10) the results of an internal review identifying a lapse ineither the licensee's automated controls or internal procedures or confirming that the licensee followed all automated controls or internal procedures;
(12) a copy of the licensee's privacy policy and a statement outlining the steps the licensee will take to investigate and notify consumers affected by the cybersecurity event;
(12) a copy of the licensee's privacy policy and a statement outlining the steps the licensee will take to investigate and notify cumers affected by the -9- Enrolled SB 134 cybersecurity event;
(e) If a licensee becomes aware of a cybersecurity event that affects an information system maintained by a third-party service provider of the licensee, the licensee shall comply with the requirements of this section, except that the time prescribed in (a) of this section begins the day after the third-party service provider notifies the licensee of the cybersecurity event or the day after the date the licensee has actual knowledge of the cybersecurity event, whichever is earlier.
(e) Unless a third-party service provider of a licensee notifies the director, if the licensee becomes aware of a cybersecurity event that affects an information system maintained by the third-party service provider, the licensee shall comply with the requirements of this section to the greatest extent possible.
(f) A licensee acting as an assuming insurer that determines that a cybersecurity event has occurred shall, not later than 72 hours after the determination, notify the licensee's affected ceding insurers and the insurance supervisory official of the licensee's state of domicile if (1) the cybersecurity event involves nonpublic information and the nonpublic information is information used by or in the possession, custody, or control of the licensee acting as an assuming insurer;
For purposes of this subsection, the time prescribed in (a) of this section begins the day after the third-party service provider notifies the licensee of the cybersecurity event or the day after the date the licensee has actual knowledge of the cybersecurity event, whichever is earlier.
and SB0134A -9- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (2) the licensee does not have a direct contractual relationship with a consumer affected by the cybersecurity event.
(f) A licensee acting as an assuming insurer that determines that a cybersecurity event has occurred shall, not later than three business days after the determination, notify the licensee's affected ceding insurers and the insurance supervisory official of the licensee's state of domicile if (1) the cybersecurity event involves nonpublic information and the nonpublic information is information used by or in the possession or control of the licensee acting as an assuming insurer;
(g) A licensee acting as an assuming insurer that receives notification from the licensee's third-party service provider that a cybersecurity event has occurred shall, not later than 72 hours after receiving notification, notify the licensee's affected ceding insurers and the insurance supervisory official of the licensee's state of domicile if the cybersecurity event involves nonpublic information and the nonpublic information is in the possession, custody, or control of the third-party service provider.
and (2) the licensee does not have a direct contractual relationship with a consumer affected by the cybersecurity event.
(h) A ceding insurer notified under (f) or (g) of this section that has a direct contractual relationship with an affected consumer shall comply with this section and all applicable provisions of AS 45.48 (Alaska Personal Information Protection Act).
(g) A licensee acting as an assuming insurer that receives notification from the licensee's third-party service provider that a cybersecurity event has occurred shall, not later than three business days after receiving notification, notify the licensee's affected Enrolled SB 134 -10- ceding insurers and the insurance supervisory official of the licensee's state of domicile if the cybersecurity event involves nonpublic information and the nonpublic information is in the possession or control of the third-party service provider.
(i) A licensee that is an insurer and that becomes aware that a cybersecurity event involving nonpublic information has occurred shall, as soon as possible and in a form and format prescribed by the director, notify each independent insurance producer of record of a consumer affected by the cybersecurity event if (1) the nonpublic information is in the possession, custody, or control of the licensee or the licensee's third-party service provider;
(h) Except as provided in (f) and (g) of this section, a licensee acting as an assuming insurer does not have other notice obligations relating to a cybersecurity event under this section.
(i) A licensee that is an insurer and that becomes aware that a cybersecurity event involving nonpublic information has occurred shall, as soon as possible and in a form and format prescribed by the director, notify each independent insurance producer of record of a consumer affected by the cybersecurity event if (1) the nonpublic information is in the possession or control of the licensee or the licensee's third-party service provider;
Sec.
(j) An insurer shall notify an insurance producer of a cybersecurity event involving nonpublic information, not later than the date the notice is provided to the affected consumers, if (1) the nonpublic information is in the possession or control of a licensee that is an insurer or the licensee's third-party service provider;
21.96.290.
(2) the consumer accessed the insurer's services through an insurance producer;
and (3) the insurer is required to notify affected consumers under AS 21.23.240 - 21.23.399 or AS 45.48.
(k) An insurer is exempt from notifying an insurance producer under (j) of this section if (1) the producer is not authorized by law or contract to sell, solicit, or negotiate on behalf of the insurer;
or (2) the insurer does not have the current producer information for an affected consumer.
-11- Enrolled SB 134 Sec.
21.23.290.
(a) Any document, material, or information in the possession or control of the division that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.96.260(f) or 21.96.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.96.310 (1) is confidential and privileged;
(a) Any document, material, or information in the possession or control of the division that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.23.260(f) or 21.23.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.23.310 (1) is confidential and privileged;
SB 134 -10- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (b) The director may use a document, material, or information described in (a) of this section in a regulatory or legal proceeding brought in the performance of the duties of the director under this title.
(b) The director may use a document, material, or information described in (a) of this section in a regulatory or legal proceeding brought in the performance of the duties of the director under this title.
(d) In the performance of duties under AS 21.96.250 - 21.96.399, the director may (1) disclose a document, material, or information, including a document, material, or information that is confidential and privileged or subject to (a) of this section, to state, federal, and international regulatory or law enforcement agencies, or to the National Association of Insurance Commissioners and its affiliates or subsidiaries, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or information;
(d) In the performance of duties under AS 21.23.240 - 21.23.399, the director (1) may disclose a document, material, or information, including a document, material, or information that is confidential and privileged or subject to (a) of this section, to state, federal, and international regulatory or law enforcement agencies, or to the National Association of Insurance Commissioners and its affiliates or subsidiaries, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or information;
(2) receive a document, material, or information, including a document, material, or information that is confidential and privileged, from the National Association of Insurance Commissioners and its affiliates or subsidiaries, and from state, federal, and international regulatory or law enforcement agencies;
(2) may receive a document, material, or information, including a document, material, or information that is confidential and privileged, from the National Association of Insurance Commissioners and its affiliates or subsidiaries, and from state, federal, and international regulatory or law enforcement agencies;
the director shall maintain as confidential or privileged the document, material, or information if the entity that provided the director with the document, material, or information requests the director to do so or gives notice to the director that the document, material, or information is confidential or privileged under the law of the jurisdiction supplying it;
the director shall maintain as confidential or privileged the document, material, or information if the entity that provided the director with the document, material, or information requests the director to do so or gives notice to the director that the document, material, or information is confidential or privileged under the law of the Enrolled SB 134 -12- jurisdiction supplying it;
(3) disclose a document, material, or information that is subject to (a) of this section with a third-party service provider if the third-party service provider agrees in writing to maintain the confidentiality and privileged status of the document, material, or information;
(3) may disclose a document, material, or information that is subject to (a) of this section with a third-party service provider if the third-party service provider agrees in writing to maintain the confidentiality and privileged status of the document, material, or information;
and (4) enter into agreements consistent with this section governing the sharing and use of a document, material, or information that is confidential or privileged or subject to (a) of this section.
and (4) may enter into agreements consistent with this section governing the sharing and use of a document, material, or information that is confidential or privileged or subject to (a) of this section.
(e) A person does not waive a claim of privilege or confidentiality that the SB0134A -11- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B person possesses by providing a document, material, or information to the director under AS 21.96.250 - 21.96.399 or by the disclosure, receipt, or sharing of a document, material, or information under (d) of this section.
(e) A person does not waive a claim of privilege or confidentiality that the person possesses by providing a document, material, or information to the director under AS 21.23.240 - 21.23.399 or by the disclosure, receipt, or sharing of a document, material, or information under (d) of this section.
21.96.300.
21.23.300.
(a) AS 21.96.250 and 21.96.260 do not apply to (1) a licensee, including an independent contractor, with fewer than 10 employees;
(a) AS 21.23.250 and 21.23.260 do not apply to (1) a licensee, including an independent contractor, with fewer than 10 employees;
(b) AS 21.96.250 - 21.96.399 do not apply to a licensee subject to the Health Insurance Portability and Accountability Act of 1996 (P.L.
(b) AS 21.23.240 - 21.23.399 do not apply to a licensee subject to the Health Insurance Portability and Accountability Act of 1996 (P.L.
(c) If a licensee no longer qualifies for an exception to the applicability of AS 21.96.250 - 21.96.399 under this section, the licensee shall comply with AS 21.96.250 - 21.96.399 within 180 days after the licensee no longer qualifies for the exception.
(c) If a licensee no longer qualifies for an exception to the applicability of AS 21.23.240 - 21.23.399 under this section, the licensee shall comply with -13- Enrolled SB 134 AS 21.23.240 - 21.23.399 within 180 days after the licensee no longer qualifies for the exception.
21.96.310.
21.23.310.
(a) In addition to the director's power to examine or investigate under AS 21.06.120, the director may examine and investigate the affairs of a licensee to determine whether the licensee is or has been in violation of AS 21.96.250 - 21.96.399.
(a) In addition to the director's power to examine or investigate under AS 21.06.120, the director may examine and investigate the affairs of a licensee to determine whether the licensee is or has been in violation of AS 21.23.240 - 21.23.399.
The director may take necessary or appropriate action to enforce AS 21.96.250 - 21.96.399.
The director may take necessary or appropriate action to enforce AS 21.23.240 - 21.23.399.
SB 134 -12- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (b) In addition to any other penalty provided by law, a person who violates AS 21.96.250 - 21.96.399 is subject to the penalties provided under AS 21.27.440.
(b) In addition to any other penalty provided by law, a person who violates AS 21.23.240 - 21.23.399 is subject to the penalties provided under AS 21.27.440.
(c) AS 21.96.250 - 21.96.399 do not create or imply a private cause of action for a violation of AS 21.96.250 - 21.96.399.
21.96.399.
21.23.399.
In AS 21.96.250 - 21.96.399, (1) "consumer" means an individual who is a resident of this state and whose nonpublic information is in a licensee's possession, custody, or control;
In AS 21.23.240 - 21.23.399, (1) "consumer" means an individual who is a resident of the state and whose nonpublic information is in a licensee's possession or control;
(3) "encrypt" means transforming of data into a form that results in a low probability of assigning meaning without the use of a protective process or key;
(3) "encrypt" means transforming of data into a form that lts in a low probability of assigning meaning without the use of a protective process or key;
(5) "information system" means (A) a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic information;
Enrolled SB 134 -14- (5) "information system" means (A) a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic information;
SB0134A -13- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (6) "licensee" (A) means a person licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered, under the insurance laws of this state;
(6) "licensee" (A) means a person licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered, under this title;
(7) "nonpublic information" means information that is not publicly available information and that is (A) business-related information of a licensee, the tampering with which, or unauthorized disclosure, access, or use of which, would cause a material adverse effect to the business, operations, or security of the licensee;
(7) "nonpublic information" means electronic information that is not publicly available information and that is (A) business-related information of a licensee, the tampering with which, or unauthorized disclosure, access, or use of which, would cause a material adverse effect to the business, operations, or security of the licensee;
(iii) an account, credit card, or debit card number;
(iii) a financial account, credit card, or debit card number;
or (C) information or data, except age or gender, in any form or medium created by or derived from a health care provider or a consumer that relates to (i) the past, present, or future physical, mental, or behavioral health or condition of a consumer or a member of the consumer's family;
or (C) information or data, except age or gender, in any form created by or derived from a health care provider or a consumer that can be -15- Enrolled SB 134 used to identify a particular consumer and relates to (i) the past, present, or future physical, mental, or behavioral health or condition of a consumer or a member of the consumer's family;
or (iii) payment for the provision of health care to a consumer;
or (iii)payment for the provision of health care to a consumer;
SB 134 -14- SB0134A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B (8) "person" means an individual or a nongovernmental entity;
(8) "person" means an individual or a nongovernmental entity;
AS 21.42.375(e) is amended to read:
(e) In this section, (1) "diagnostic breast examination" means an examination of the breast using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or other equipment dedicated specifically for mammography conducted to evaluate an abnormality (A) detected or suspected in a screening examination for breast cancer;
or (B) detected by another means of examination;
(2) "low-dose mammography screening" and "mammogram" mean the X-ray examination of the breast using equipment dedicated specifically for mammography, including the X-ray tube, filter, compression device, screens, films, and cassettes, with an average radiation exposure delivery of less than one rad mid- Enrolled SB 134 -16- breast, with two views for each breast;
(3) "supplemental breast examination" means an examination of the breast using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or other equipment dedicated specifically for mammography conducted based on (A) the insured's personal or family medical history of breast cancer;
or (B) other factors that may increase the insured's risk of breast cancer.
* Sec.
3.
AS 21.42.375 is amended by adding a new subsection to read:
(f) Except as necessary to qualify a plan as a high deductible health plan eligible for a health savings account tax deduction under 26 U.S.C.
223 (Internal Revenue Code), a health care insurer that offers, issues, delivers, or renews a health care insurance plan in the individual or group market in the state that provides coverage for mammography screening, diagnostic breast examinations, and supplemental breast examinations may not impose cost sharing, a deductible, coinsurance, a copayment obligation, or another similar out-of-pocket expense on an insured for coverage of a low-dose mammography screening, diagnostic breast examination, or supplemental breast examination.
* Sec.
4.
(a) AS 21.96.290(a)(3), enacted by sec.
(a) AS 21.23.290(a)(3), enacted by sec.
1 of this Act, has the effect of changing Rule 26, Alaska Rules of Civil Procedure, by prohibiting discovery of evidence in the possession or control of the division of insurance that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.96.260(f) or 21.96.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.96.310.
1 of this Act, has the effect of changing Rule 26, Alaska Rules of Civil Procedure, by prohibiting discovery of evidence in the possession or control of the division of insurance that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.23.260(f) or 21.23.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.23.310.
(b) AS 21.96.290(a)(4) and (c), enacted by sec.
(b) AS 21.23.290(a)(4) and (c), enacted by sec.
1 of this Act, have the effect of changing Rules 402 and 501, Alaska Rules of Evidence, by (1) creating a new privilege that would prevent the director of the division of insurance, or an individual acting under the authority of the director, from being permitted or compelled to testify about confidential or privileged documents, materials, or information in a private civil action;
1 of this Act, have the effect of changing Rules 402 and 501, Alaska Rules of Evidence, by (1) creating a new privilege that would prevent the director of the division of insurance, or an individual acting under the authority of the director, from being permitted or -17- Enrolled SB 134 compelled to testify about confidential or privileged documents, materials, or information in a private civil action;
and (2) precluding admissibility of evidence in a private action of documents, materials, or other information in the possession or control of the division of insurance that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.96.260(f) or 21.96.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.96.310.
and (2) precluding admissibility of evidence in a private action of documents, materials, or other information in the possession or control of the division of insurance that is provided by a licensee or an employee or agent acting on behalf of a licensee under AS 21.23.260(f) or 21.23.280(b)(2) - (5), (8), (10), or (11) or that is obtained by the director in an investigation or examination under AS 21.23.310.
3.
5.
The uncodified law of the State of Alaska is amended by adding a new section to SB0134A -15- SB 134 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0253\B read:
The uncodified law of the State of Alaska is amended by adding a new section to read:
APPLICABILITY.
AS 21.42.375(e), as amended by sec.
2 of this Act, and AS 21.42.375(f), added by sec.
3 of this Act, apply to an insurance policy or contract issued, delivered, or renewed on or after the effective date of secs.
2 and 3 of this Act.
* Sec.
6.
The uncodified law of the State of Alaska is amended by adding a new section to read:
4.
7.
AS 21.96.290(a)(3) and(4) and (c), enacted by sec.
AS 21.23.290(a)(3) and (4) and (c), enacted by sec.
2 of this Act receives the two-thirds majority vote of each house required by art.
4 of this Act receives the two-thirds majority vote of each house required by art.
5.
8.
Section 3 of this Act takes effect immediately under AS 01.10.070(c).
Section 6 of this Act takes effect immediately under AS 01.10.070(c).
6.
9.
AS 21.96.250 and 21.96.260(a), (b), (c)(1) - (6), (9), and (10), and (d) - (g), enacted by sec.
If AS 21.23.290(a)(3) and (4) and (c), enacted by sec.
1 of this Act, take effect January 1, 2025.
1 of this Act, take effect, they take effect January 1, 2025.
7.
10.
AS 21.96.260(c)(7) and (8), enacted by sec.
AS 21.23.250 and 21.23.260(a), (b), (c)(1) - (6) and (9) - (11), and (d) - (g), enacted by sec.
8.
11.
AS 21.23.260(c)(7) and (8), enacted by sec.
1 of this Act, take effect January 1, 2027.
* Sec.
12.
5 - 7 of this Act, this Act takes effect January 1, 2024.
8 - 11 of this Act, this Act takes effect January 1, Enrolled SB 134 -18- 2025.
SB 134 -16- SB0134A New Text Underlined [DELETED TEXT BRACKETED]
-19- Enrolled SB 134
View plain text versions (5)

How this bill changes current law

3 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new sections under AS 21.23 concerning data security standards for insurance licensees in Alaska.

  • AS 21.23

    Article 2. Insurance Data Security. Sec. 21.23.240. Purpose and construction. (a) AS 21.23.240 - 21.23.399 establish the exclusive state standard for data security for licensees and govern the investigation and notification of a cybersecurity event. (b) AS 21.23.240 - 21.23.399 may not be construed to (1) create or imply a private cause of action for violation of AS 21.23.240 - 21.23.399; or (2) prevent a private cause of action that would otherwise exist in the absence of AS 21.23.240 - 21.23.399.

    This adds a new article defining the purpose and limitations of the insurance data security regulations.

  • AS 21.23

    Sec. 21.23.250. Risk assessment. (a) A licensee shall conduct a risk assessment commensurate with the size and complexity of the licensee and in consideration of the nature and scope of the licensee's activities to evaluate the security and confidentiality of nonpublic information used by or in the possession or control of the licensee. [...]

    This requires insurance licensees to conduct comprehensive risk assessments related to their nonpublic information.

  • AS 21.23

    Sec. 21.23.260. Information security program. (a) A licensee shall develop, implement, and maintain a comprehensive written information security program based on the licensee's risk assessment conducted under AS 21.23.250(a). [...]

    This mandates that licensees maintain a written information security program tailored to the results of their risk assessment.

Action History

  1. (S) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

  2. (S) LAW W/O GOV SIGNATURE 8/29 CH 39 SLA 24

  3. (S) 9:25 A.M. 8/6/24 Transmitted to Governor

  4. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  5. (S) COURT RULE(S) SAME AS PASSAGE

  6. (S) CONCUR AM OF (H) Y20 N-

  7. (S) CONCUR MESSAGE READ AND TAKEN UP

  8. (H) VERSION: HCS CSSB 134(JUD)

  9. (H) TRANSMITTED TO (S) AS AMENDED

  10. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  11. (H) COURT RULE(S) SAME AS PASSAGE

  12. (H) PASSED Y39 N1

  13. (H) RETURN TO SECOND FOR AMS MOTION WITHDRAWN

  14. (H) READ THE THIRD TIME HCS CSSB 134(JUD)

  15. (H) CROSS SPONSOR(S): JOSEPHSON

  16. (H) ADVANCED TO THIRD READING 5/14 CALENDAR

  17. (H) AM NO 6 FAILED Y1 N38 E1

  18. (H) AM NO 5 TABLED Y23 N16 E1

  19. (H) AM NO 4 TABLED Y23 N16 E1

  20. (H) AM NO 3 TABLED Y24 N15 E1

  21. (H) AM NO 2 FAILED Y1 N38 E1

  22. (H) AM NO 1 FAILED Y1 N38 E1

  23. (H) JUD HCS ADOPTED Y38 N1 E1

  24. (H) READ THE SECOND TIME

  25. (H) RULES TO CALENDAR 5/13/2024

  26. (H) -- MEETING CANCELED --

  27. (H) RULES at 06:00 PM GRUENBERG 120

  28. (H) FN2: ZERO(CED)

  29. (H) FN1: ZERO(CED)

  30. (H) AM: SUMNER, ALLARD

  31. (H) NR: C.JOHNSON

  32. (H) DP: GRAY, GROH, VANCE

  33. (H) JUD RPT HCS(JUD) 3DP 1NR 2AM

  34. (H) Minutes (HJUD)

  35. (H) Moved HCS CSSB 134(JUD) Out of Committee -- Delayed to 1:30 PM --

  36. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  37. (H) FIN REFERRAL REMOVED

  38. (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23

  39. (H) JUD, FIN

  40. (H) READ THE FIRST TIME - REFERRALS

  41. (S) VERSION: CSSB 134(JUD)

  42. (S) TRANSMITTED TO (H)

  43. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  44. (S) COURT RULE(S) SAME AS PASSAGE

  45. (S) PASSED Y19 N- E1

  46. (S) READ THE THIRD TIME CSSB 134(JUD)

  47. (S) COSPONSOR(S): DUNBAR, GIESSEL, GRAY-JACKSON, CLAMAN

  48. (S) ADVANCED TO THIRD READING 4/29 CAL

  49. (S) JUD CS ADOPTED UC

  50. (S) READ THE SECOND TIME

  51. (S) RULES TO CALENDAR 4/26/2024

  52. (S) FN1: ZERO(CED)

  53. (S) NR: TOBIN, GIESSEL

  54. (S) DP: CLAMAN, KIEHL

  55. (S) JUD RPT CS 2DP 2NR NEW TITLE

  56. (S) Moved CSSB 134(JUD) Out of Committee

  57. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  58. (S) Heard & Held

  59. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  60. (S) Heard & Held

  61. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  62. (S) Heard & Held

  63. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  64. (S) <Bill Hearing Rescheduled to 03/20/24> -- Delayed to 1:45 pm --

  65. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  66. (S) FIN REFERRAL REMOVED

  67. (S) FN1: ZERO(CED)

  68. (S) DP: BJORKMAN, DUNBAR, BISHOP

  69. (S) L&C RPT CS 3DP SAME TITLE

  70. (S) Minutes (SL&C)

  71. (S) Moved CSSB 134(L&C) Out of Committee

  72. (S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)

  73. (S) Minutes (SL&C)

  74. (S) Heard & Held

  75. (S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)

  76. (S) L&C, JUD, FIN

  77. (S) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 59 not signed on

Sponsors (1)

Not signed on (59)

59 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 134?
SB 134 is sponsored by Andy Josephson (D), Matt Claman (D), Elvi Gray-Jackson (D), Cathy Giessel (R), Forrest Dunbar (D), and James Kaufman (R).
What is the current status of SB 134?
This bill has been enacted into law. Introduced April 21, 2023. Enacted.
Where can I track SB 134?
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