SB 2089 — A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 and subsection 6 of section 26.1-03-19.4 of the North Dakota Century Code, relating to confidentiality of insurance department records.

25.8123.0100025.8123.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.

2089 of North Dakota Introduced by Industry and Business Committee (At the request of the Insurance Commissioner) A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 and subsection 6 of section 26.1-03-19.4 of the North Dakota Century Code, relating to confidentiality of insurance department records.

SECTION 2.

AMENDMENT.

Subsection 6 of section 26.1-03-19.4 of the North Dakota Century Code is amended and reenacted as follows:

6.

All working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an Page No.

1 25.8123.02000 Sixty-ninth Legislative Assembly examination made under this chapter, or in the course of analysis by the commissioner of the financial condition or market conduct of the company, must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in subsection 5.

Access also may be granted to the national association of insurance commissioners.

The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.

Disclosure of documents, materials, or information to the commissioner under this section, or as a result of sharing as authorized in subdivision b of subsection 5, does not waive an existing privilege or claim of confidentiality.

12 25.8123.0100025.8123.02000