US 2001 Enacted Financial Privacy Legislation Resources

US 2001 Enacted Financial Privacy Legislation Resources in United States

US 2001 Enacted Financial Privacy Legislation Resources

Alaska
H.B. 184
Signed by governor 7/3/01, Chapter 81
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0184E&session=22
Implements insurance reforms in AS 21 as required by P.L. 106-102 (Gramm-Leach-Bliley Act) to modernize financial services related to the business of insurance and to further this state as an attractive place for investment and other commerce involving the insurance industry.

Arizona
S.B. 1288
Signed by governor 4/23/01, Chapter 220
http://www.azleg.state.az.us/legtext/45leg/1r/laws/0220.htm
Relating to insurance information privacy.

Arkansas
S.B. 286
Signed by governor 4/16/01, Act 1619
http://www.arkleg.state.ar.us/ftproot/acts/2001/htm/act1619.pdf
Enables the insurance commissioner to enact regulations pertaining to privacy of consumer financial and health information; conforms Arkansas law to the federal Gramm-Leach-Bliley Act or other applicable law.

Connecticut
H.B. 6132
Signed by governor 6/6/01, Public Act No. 01-76
http://www.cga.state.ct.us/2001/act/Pa/2001PA-00076-R00HB-06132-PA.htm
Incorporates the privacy provisions of the federal Gramm-Leach-Bliley Financial Modernization Act of 1999 applicable to banks, credit unions, out-of-state trust companies, licensees under titles 36a and persons subject to the jurisdiction of the commissioner under title 36b into state law; makes a conforming change to section 36a-41; amends § 36a-412(a) to specifically include the provisions concerning disclosure of financial records in the list of consumer protection laws that are applicable to branches of out-of-state banks in Connecticut and repeal an obsolete provision; and makes a clarifying change to § 36a-412(b).

H.B. 6605
Signed by governor 5/4/01,Public Act No. 01-10
http://www.cga.state.ct.us/2001/act/Pa/2001PA-00010-R00HB-06605-PA.htm
Makes technical changes to the banking and securities laws recommended by the Legislative Commissioners’ Office.

Delaware
H.B. 205
Signed by governor 6/1/01
http://www.legis.state.de.us/Legislature.nsf/?Opendatabase
Grants the Insurance Commissioner the authority to adopt rules and regulations to implement the provisions of Title V of the Gramm-Leach-Bliley Act of 1999

Florida
S.B. 840
Signed by governor 5/1/01, Chapter 108
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0840er.html&Directory=session/2001/Senate/bills/billtext/html/
Provides exemption from public records requirements for identifying information and specified financial information in records re individual’s health or eligibility for health-related services made or received by Health Department or its service providers; specifies conditions under which such information may be released.

S.B. 2174
Signed by governor 6/1/01, Chapter 142
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2174er.html&Directory=session/2001/Senate/bills/billtext/html/
Requires the Department of Insurance to adopt rules governing the use of a consumer’s nonpublic personal financial and health information.

Georgia
S.B. 205
Signed by governor 4/19/01, Act 189
http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb205.htm
Relates to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of certain personal information in all records; provides for certain access to such personal information for certain purposes

Hawaii
S.B. 1550
Signed by governor 6/4/01, Act 220
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb1550_cd1_.htm
Establishes requirements governing the treatment of consumer nonpublic personal financial information by insurers subject to regulation under Hawaii Revised Statutes chapters 431, 432, and 432D. Deems insurers in process of complying with HIPAA rules to be in compliance with Act for period ending July 1, 2002.

Illinois
H.B. 3008
Signed by governor 8/9/01, Public Act 92-0293
http://www.legis.state.il.us/publicacts/pubact92/acts/92-0293.html
Amends the Illinois Credit Union Act. Authorizes credit unions to disclose customer information in connection with services or products made available by the credit union and in connection with the sale of the credit union or its assets.

Kansas
H.B. 2149
Signed by governor 3/21/01
http://www.accesskansas.org/legislative/fulltext/bills.cgi/bill/2002/2149.pdf
Provides for the sharing of certain information with agencies, as defined in the Gramm-Leach-Bliley Act.

H.B. 2480
Signed by governor 5/22/01
http://www.kslegislature.org/bills/2002/2480.pdf
Concerns the privacy of consumer financial and health information and amends the Insurance Commissioner’s authority to adopt privacy rules and regulations regarding the disclosure of nonpublic personal information described in Title V of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102). The privacy regulations adopted by the Commissioner must be consistent with and not more restrictive than the model regulations adopted on September 26, 2000, by the National Association of Insurance Commissioners.
Any rule and regulation adopted by the Commissioner to implement Article V of the model regulations, Rules for Health Information, shall become effective on and after February 1, 2002. Further, persons subject to regulations governing nonpublic personal information disclosure are deemed to be in compliance with the regulations of the Insurance Commissioner which implement Article V of the model regulation upon a showing of a good faith effort to comply with the Commissioner’s rules and regulations or the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and regulations adopted pursuant to that act. The provisions of this section expire on April 14, 2003.

Louisiana
H.B. 1236
Signed by governor 6/13/01, Act 380
http://www.legis.state.la.us/leg_docs/01RS/CVT7/OUT/0000IZHY.PDF
Relates to disclosure of certain records by banks.

Maine
L.D. 375
Signed by governor 4/12/01, Chapter 61
http://janus.state.me.us/legis/bills/billtexts/LD037501-1.asp
Amends state law governing broker-dealer registration of providers of financial services to ensure conformity between state securities laws and the related provisions of the Gramm-Leach-Bliley Act, which was adopted by Congress in 1999. Establishes parity between financial institutions in Maine and financial institutions in other states with respect to the need to register as a broker-dealer in the sale of securities.

L.D. 1640
Signed by governor 5/25/02, Chapter 262
http://janus.state.me.us/legis/bills/billtexts/LD164001-1.asp
Amends the laws governing the various providers of financial services regulated by the Department of Professional and Financial Regulation to ensure that the laws governing the privacy of personal information furnished to those individuals or entities are consistent with the provisions of the federal Gramm-Leach-Bliley Act and the implementing regulations adopted by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Federal Trade Commission and the Securities and Exchange Commission. Provides that if an entity is required under federal law to comply with the Gramm-Leach-Bliley Act and the implementing federal regulations and it fails to do so, that failure to comply is also a violation of state law, which the agencies within the Department of Professional and Financial Regulation may enforce.

Maryland
H.B. 362
Signed by governor 5/15/01, Chapter 469
http://mlis.state.md.us/2001rs/billfile/HB0362.htm
Requires the Insurance Commissioner to adopt regulations governing the privacy of consumer financial and health information; setting standards for the regulations; and requires the Commissioner to adopt regulations on the practice of an insurance business by specified individuals who are generally prohibited from the practice by a specified federal law.

Michigan
S.B. 431
Signed by governor 6/17/01, Act 24
http://198.109.173.11/printdocument.asp?objName=2001-PA-0024&version=txt
Adds Chapter 5 (Privacy of Financial Information) to the Insurance Code to provide for the treatment of nonpublic personal financial information about individuals who obtained or were claimants or beneficiaries of insurance products.

Mississippi
S.B. 2207
Signed by governor 2/28/01, Chapter 306
http://billstatus.ls.state.ms.us/documents/2001/html/SB/2200-2299/SB2207SG.htm
Creates a new code section to be codified as section 83-1-45, Mississippi Code of 1972, to authorize the commissioner of insurance to adopt rules and regulations necessary to implement the provisions of the Gramm-Leach-Bliley Act of 1999 governing the disclosure by insurance licensees of nonpublic personal information; and for related purposes.

Missouri
H.B. 801
Signed by governor 5/23/01
http://www.house.state.mo.us/bills01/biltxt01/truly01/HB0801T.HTM
Relates to compliance with Title V of the federal Gramm-Leach-Bliley Financial Modernization Act of 1999, with an emergency clause.

S.B. 382
Signed by governor 5/23/01
http://www.senate.state.mo.us/01info/billtext/tat/SB382.htm
Prohibits any person from disclosing “nonpublic private information” to a third party. The state agencies regulating activities of financial institutions which are subject to Title V of the Gramm-Leach-Bliley Financial Modernization Act of 1999 have rulemaking authority to carry out this provision. Any rule created cannot be more restrictive than those in Title V of the Gramm-Leach-Bliley Financial Modernization Act of 1999. Requires that the financial institution disclose its privacy policy at the time the relationship is established between consumers as new customers on or after July 1, 2001; and the financial institution must disclose the privacy policy to all existing customers by June 30, 2002.

Montana
S.B. 465
Signed by governor 4/21/01, Chapter 341
http://data.opi.state.mt.us/bills/2001/billhtml/SB0465.htm
Amends the Insurance Information and Privacy Protection Act; provides for exemption from the Act for persons complying with federal regulations that are inconsistent with the Act and not less protective of privacy than the Act; authorizes the commissioner of insurance to adopt rules; revises definitions; revises requirements for notice of insurance information practices; revises statutes relating to disclosure authorization forms; revises provisions relating to exceptions from prohibited disclosures; provides restrictions on the use of personal information for marketing purposes; revises civil penalties and individual remedies applicable to disclosure violations.

Nebraska
L.B. 52
Signed by governor 4/4/01
http://www.unicam.state.ne.us/Legal/SLIP_LB52.pdf
Adopts the Privacy of Insurance Consumer Information Act; provides and changes provisions relating to sharing of information by the Department of Insurance and confidential information.

New Hampshire
H.B. 702
Signed by governor 7/13/01, Chapter 256
http://gencourt.state.nh.us/legislation/2001/HB0702.html
Establishes a task force to study privacy issues as they pertain to federal law and existing state laws relative to privacy issues.

New Mexico
S.B. 352
http://legis.state.nm.us/Sessions/01%20Regular/FinalVersions/senate/sb0352fv.html
Requires the superintendent to promulgate rules to reasonably protect the privacy of insurance consumers’ nonpublic personal information, including personal health and financial information. Rules promulgated pursuant to this section shall meet any applicable federal requirements for protecting nonpublic personal information of insured persons from improper access or disclosure.

North Carolina
H.B. 350
Signed by governor 6/15/01, Session Law 2001-215
http://www.ncga.state.nc.us/html2001/bills/AllVersions/House/H350vc.html
Authorizes the commissioner of Insurance to share with the federal and state financial institution regulators information about insurance companies that are affiliates of depository institutions or of financial holding companies; amends the insurance holding company act and an insurance company investment statute to comply with federal law, in accordance with the federal Gramm-Leach-Bliley Act, Public Law 106-102.

S.B. 461
Signed by governor 8/9/01, Session Law 2001-351
http://www.ncga.state.nc.us/html2001/bills/AllVersions/Senate/S461vc.html
Makes the North Carolina insurance information and privacy protection act comply with the consumer information privacy requirements in the federal Gramm-Leach-Bliley act, Public Law 106-102.

North Dakota
H.B. 1082
Signed by governor 3/6/01
http://www.state.nd.us/lr/
Amends and reenacts subsection 4 of § 6-01-07.1 of the North Dakota Century Code, relating to information sharing agreements between the Department of Banking and Financial Institutions and other state agencies.

S.B. 2127
Signed by governor 4/9/01
http://www.state.nd.us/lr/
Creates and enacts a new section to Chapter 26.1-02 of the North Dakota Century Code, relating to prohibiting disclosure by an insurer of nonpublic personal information; and amends and reenacts §26.1-03-11.3 of the North Dakota Century Code, relating to the insurance commissioner sharing confidential information with other state agencies.

S.B. 2191
Signed by governor 4/19/01
http://www.state.nd.us/lr/
Creates and enacts a new subsection to § 6-08.1-02 of the North Dakota Century Code, relating to disclosure of financial information by financial institutions.

S.C.R. 4019
Adopted 3/21/01
http://www.state.nd.us/lr/
Directs the Legislative Council to study medical and financial privacy laws in this state, the effectiveness of medical and financial privacy laws in other states, the interaction of federal and state medical and financial privacy laws, and whether current medical and financial privacy protections meet the reasonable expectations of the citizens of North Dakota.

Oklahoma
H.B. 1341
Signed by governor 5/24/01
Prohibits disclosure of nonpublic personal information.

Oregon
S.B. 269
Signed by governor 6/15/01, Chapter 377
http://www.leg.state.or.us/01reg/measures/sb0200.dir/sb0269.en.html
Regulates financial activities.

South Dakota
S.B. 3
Signed by governor 2/28/01
http://legis.state.sd.us/sessions/2001/bills/SB3enr.htm
Provides the director of insurance with rule-making authority regarding personal nonpublic financial information.

Tennessee
S.B. 1192
Signed by governor 5/3/01, Public Law Chapter 156
http://www.legislature.state.tn.us/bills/currentga/BILL/SB1192.pdf
Allows financial institutions to furnish information or records to extent provided under federal law so long as consumer disclosure requirements and opt-out provisions are fulfilled.

S.B. 1635
Signed by governor 4/11/01, Public Law Chapter 80
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0080.pdf
Exempts banks from state requirement to register as broker-dealer to extent bank’s activities are excepted under either definition of “broker” or “dealer” under federal law.

S.B. 1637
Signed by governor 4/18/01, Public Law Chapter 107
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0107.pdf
Classifies release of nonpublic personal information by an insurance company in violation of federal law as unfair or deceptive act or practice; establishes guidelines for investigation and punishment of violations.

Texas
H.B. 1763
Signed by governor 6/14/01
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01763&VERSION=5&TYPE=B
Relates to the continuation and functions of the Finance Commission of Texas and the regulation of certain financial institutions and businesses.

S.B. 712
Signed by governor 6/14/01
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00712&VERSION=5&TYPE=B
Relates to the privacy of certain information provided by consumers to insurers and other related entities; provides a civil penalty.

Virginia
H.B. 2157
Signed by governor 3/19/01, Chapter 371
http://leg1.state.va.us/cgi-bin/legp504.exe?011+ful+CHAP0371
Establishes standards for consumer privacy protection that states are allowed to implement under the federal Gramm-Leach-Bliley Act relating to sales of insurance by depository institutions. These provisions are made applicable to any person who lends money or extends credit and who solicits insurance in connection with the transaction. Amends existing privacy protection provisions to provide consumers with additional notices required by the Act. Insurers or agents are required to give a financial information practices notice not less than once in any consecutive 12-month period, which notice will explain the individual’s right to “opt out” of having his financial information disclosed to a nonaffiliated third party. The notice also describes the types of financial information that may be disclosed to affiliates and nonaffiliated third parties and the categories of persons to whom financial information may be disclosed. Medical record information and privileged claim information may not be disclosed to affiliates or nonaffiliated third parties unless prior written authorization is obtained. An information practices notice that describes the types of personal information (including medical record information) that may be collected and disclosed will still have to be given every two years as required under current law.

Washington
H.B. 1542
Signed by governor 4/19/01, Chapter 87
http://www.leg.wa.gov/pub/billinfo/2001-02/House/1525-1549/1542_sl_04212001.txt
Exempts certain financial or proprietary information provided to the Department of Community, Trade, and Economic Development from public disclosure.

West Virginia
S.B. 507
Signed by governor 4/24/01, Chapter 160
Authorizing insurance commissioner to promulgate legislative rules relating to disclosure of nonpublic personal information.

Wyoming
S.F. 60
Signed by governor 3/2/01, Chapter 202
http://legisweb.state.wy.us/2001/enroll/sf0060.htm
Authorizes rules governing the disclosure of financial and health information of insurance consumers; specifies restrictions on rules; sunsets rules as specified.


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