Bill Text: HI SB2730 | 2024 | Regular Session | Amended
Bill Title: Relating To Transparency.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2024-03-13 - The committee(s) on CPC recommend(s) that the measure be deferred. [SB2730 Detail]
Download: Hawaii-2024-SB2730-Amended.html
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THE SENATE |
S.B. NO. |
2730 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPARENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 431:2-209, Hawaii Revised Statutes, is amended to read as follows:
"§431:2-209 Records and reports. (a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations, and shall file the records in the commissioner's office.
(b) The records of the commissioner and insurance filings in the commissioner's office shall be open to public inspection, except as otherwise provided in this code.
(c) One year after conclusion of the transactions to which they relate, the commissioner may destroy any correspondence, void or obsolete filings relating to rates, certificate of authority applications, self-insurance applications, registrations, foreign or alien insurers' annual statements, valuation reports, certificates of compliance and deposits, cards, and expired bonds. Three years after the conclusion of the transactions to which they relate, the commissioner may destroy any claim files, working papers of examinations, reports of examination by insurance supervisory officials of other states, void or obsolete filings relating to license applications, records of hearings and investigations, and any similar records, documents, or memoranda now or hereafter in the commissioner's possession.
(d) Three years after the date filed or within three years of the due date prescribed for the filing of the tax report, whichever is later, the commissioner may destroy the tax reports of any foreign or alien insurers, surplus lines brokers, or independently procured insureds, or similar records or reports now or hereafter in the commissioner's possession.
(e)
The following records and reports on file with the commissioner shall be
confidential and protected from discovery, production, and disclosure for so
long as the commissioner deems prudent:
(1) Complaints
and investigation reports;
(2) Working
papers of examinations, complaints, and investigation reports;
(3) Proprietary
information, including trade secrets, commercial information, and business
plans, which, if disclosed may result in competitive harm to the person
providing the information; and
(4) Any
documents or information received from the National Association of Insurance
Commissioners, the federal government, insurance regulatory agencies of foreign
countries, or insurance departments of other states, territories, and
commonwealths that are confidential in other jurisdictions. The commissioner may share information,
including otherwise confidential information, with the National Association of
Insurance Commissioners, the federal government, insurance regulatory agencies
of foreign countries, or insurance departments of other states, territories,
and commonwealths so long as the statutes or regulations of the other
jurisdictions permit them to maintain the same level of confidentiality as required
under Hawaii law.
(f)
The commissioner shall:
(1) Treat
and maintain an applicant's fingerprints and any criminal history record
information obtained under this code as confidential;
(2) Apply
security measures consistent with the Federal Bureau of Investigation Criminal
Justice Information Services Division's standards for the electronic storage of
fingerprints and necessary identifying information; and
(3) Limit
the use of the records solely to purposes authorized by law.
Fingerprints
and criminal history record information shall not be subject to subpoena, other
than subpoenas issued in criminal actions or investigations, and shall be
confidential by law and privileged and not subject to discovery or admissible
in evidence in any private civil action.
(g) The commissioner shall not disclose any information that is exempt from disclosure by federal or Hawaii statutes.
(h)
The commissioner may disclose records, including but not limited to
supplemental compensation exhibits, submitted to the commissioner that describe
the name, title, or compensation of the directors, trustees, officers, or
employees of:
(1) Insurers
under chapter 431;
(2) Mutual
benefit societies under article 1 of chapter 432;
(3) Health
maintenance organizations under chapter 432D; or
(4) Dental
insurers under chapter 432G.
The
disclosure of records pursuant to this subsection shall not constitute a
clearly unwarranted invasion of personal privacy under section 92F-13."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Insurance Commissioner; Insurers; Mutual Benefit Societies; Health Maintenance Organizations; Dental Insurers; Records; Supplemental Compensation Exhibits; Compensation; Directors; Trustees; Officers; Employees; Disclosure
Description:
Authorizes
the Insurance Commissioner to disclose records, including but not limited to Supplemental
Compensation Exhibits, submitted to the Insurance Commissioner that describe
the name, title, or compensation of the directors, trustees, officers, or
employees of insurers, mutual benefit societies, health maintenance
organizations, or dental insurers.
Provides that the disclosure of the records shall not constitute a
clearly unwarranted invasion of personal privacy under section 92F-13, HRS. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
