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Senate Bill S7572

2015-2016 Legislative Session

Relates to immunity from civil liability for certain information from not-for-profit organizations

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Archive: Last Bill Status - In Senate Committee Banks Committee

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2015-S7572 (ACTIVE) - Details

Current Committee:
Senate Banks
Law Section:
Financial Services Law
Laws Affected:
Amd ยง405, Fin Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: S696
2019-2020: S3505

2015-S7572 (ACTIVE) - Summary

Relates to immunity and information furnished to or from a not-for-profit organization dedicated to the investigation and prosecution of the banking law or the insurance law.

2015-S7572 (ACTIVE) - Sponsor Memo

2015-S7572 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7572

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Banks

AN ACT to amend the financial services law, in relation to immunity from
  civil liability for certain information relating to insurance or bank-
  ing violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  405  of the financial services law is amended to
read as follows:
  S 405. Immunity. In the absence of  fraud  or  bad  faith,  no  person
subject to the provisions of this chapter, the banking law or the insur-
ance  law  shall  be  subject  to civil liability, and no civil cause of
action of any nature shall arise against such person for any: (a) infor-
mation relating to suspected violations of the banking law or the insur-
ance law furnished  to  law  enforcement  officials,  their  agents  and
employees; (b) information relating to suspected violations of the bank-
ing  law  or the insurance law furnished to other persons subject to the
provisions of this chapter; [and] (c) information furnished  in  reports
to  the  financial  frauds  and  consumer protection unit, its agents or
employees or any state agency investigating fraud or misconduct relating
to financial  fraud,  its  agents  or  employees;  AND  (D)  INFORMATION
FURNISHED TO OR FROM A NOT-FOR-PROFIT ORGANIZATION DEDICATED TO INVESTI-
GATION  AND  ENFORCEMENT  OF  THE BANKING LAW OR THE INSURANCE LAW.  The
superintendent or any employee of  the  financial  frauds  and  consumer
protection  unit,  in  the  absence  of fraud or bad faith, shall not be
subject to civil liability and no civil cause of action  of  any  nature
shall arise against the superintendent or any such employee by virtue of
the publication of any report or bulletin related to the official activ-
ities  of  the  financial  frauds  and consumer protection unit. Nothing
herein is intended to abrogate or modify in any way any common law priv-
ilege or immunity heretofore enjoyed by any person.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15304-02-6

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