00RS SB363


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SB 363 (BR 1747) - C. Borders

     AN ACT relating to compliance reviews of insurers.
     Create new sections of Subtitle 2 of KRS Chapter 304 to define voluntary compliance review as a review instituted by an insurance carrier to collect information not required by law or regulation for the purposes of identifying and correcting problems of compliance with applicable laws and regulations; provide that a voluntary compliance review report is privileged; prohibit persons involved in the preparation of the review from answering questions or providing testimony regarding the review report except as provided; provide exception if a court determines the voluntary compliance review is relevant to an enforcement action; specify materials that are not privileged because they are utilized or incorporated in a voluntary compliance review report; prohibit a regulatory agency from adopting administrative regulations that circumvent the privilege in this Act; provide that the timely disclosure to the department or other agency of information from a voluntary compliance review shall remain subject to the provisions of this Act; make this Act applicable to all voluntary compliance reviews and reports existing on the effective date of this Act.


     SFA (1, D. Adams) - Amend to remove the privilege from compliance reports, and to remove Sections 3 to 13 from the Act.
     SFA (2, C. Borders) - Amend to make technical corrections; to establish that corrective action by a company entails a compliance review report to remain privileged; to set forth which compliance review information is not privileged; to establish that the provisions of the Act are substantive and not merely procedural; and to establish the standard of review by the commissioner in determining appropriate administrative action for violation of KRS Chapter 304.
     SFA (3, C. Borders) - Amend to make technical corrections.

     Mar 1-introduced in Senate
     Mar 3-to Banking and Insurance (S)
     Mar 7-reported favorably, 1st reading, to Calendar
     Mar 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 9, 2000
     Mar 9-passed over and retained in the Orders of the Day; floor amendments (1) and (2) filed
     Mar 10-passed over and retained in the Orders of the Day; floor amendment (3) filed
     Mar 13-passed over and retained in the Orders of the Day
     Mar 14-passed over and retained in the Orders of the Day
     Mar 15-recommitted to Banking and Insurance (S)

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