sickness insurance;
            (B) enrolling individuals under plans;
            (C) issuing certificates under plans or otherwise assisting in administering plans; or
            (D) performing administrative services related to mass marketed property and casualty insurance;
        where no commission is paid to the person for the service.
        (3) A person identified in clauses (A) through (C) who is not in any manner compensated, directly or indirectly, by a company issuing a contract, to the extent that the person is engaged in the administration or operation of a program of employee benefits for the employer's or association's employees, or for the employees of a subsidiary or affiliate of the employer or association, that involves the use of insurance issued by an insurer:
            (A) An employer or association.
            (B) An officer, director, or employee of an employer or association.
            (C) The trustees of an employee trust plan.
        (4) An:
            (A) employee of an insurer; or
            (B) organization employed by insurers;
        that is engaged in the inspection, rating, or classification of risks, or in the supervision of the training of insurance producers, and that is not individually engaged in the sale, solicitation, or negotiation of insurance.
        (5) A person whose activities in Indiana are limited to advertising, without the intent to solicit insurance in Indiana, through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of Indiana, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in Indiana.
        (6) A person who is not a resident of Indiana and who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that:
            (A) the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate the insurance in the state where the insured maintains its principal place of business; and

application are true, correct, and complete to the best of the individual's knowledge and belief.
    (b) Before approving an application submitted under subsection (a), the commissioner must find that the individual meets the following requirements:
        (1) Is at least eighteen (18) years of age.
        (2) Has not committed any act that is a ground for denial, suspension, or revocation under section 12 of this chapter.
        (3) Has completed, if required by the commissioner, a certified prelicensing course of study for the lines of authority for which the individual has applied.
        (4) Has paid the nonrefundable fee set forth in section 32 of this chapter.
        (5) Has successfully passed the examinations for the lines of authority for which the person has applied.
    (c) An applicant for a resident insurance producer license must file with the commissioner on a form prescribed by the commissioner a certification of completion certifying that the applicant has completed an insurance producer program of study certified by the commissioner under IC 27-1-15.7-5 not more than six (6) months before the application for the license is received by the commissioner. This subsection applies only to licensees seeking qualification in the lines of insurance described in sections 7(a)(1) through 7(a)(6) of this chapter.
    (d) A business entity, before acting as an insurance producer, is required to obtain an insurance producer license. The application submitted by a business entity under this subsection must be made using the uniform business entity application. Before approving the application, the commissioner must find that the business entity has:
        (1) paid the fees required under section 32 of this chapter; and
        (2) designated an individual licensed producer responsible for the business entity's compliance with the insurance laws and administrative rules of Indiana.
    (e) The commissioner may require any documents reasonably necessary to verify the information contained in an application submitted under this subsection.
    (f) An insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide a program of instruction approved by the commissioner to each individual whose duties will include selling, soliciting, or negotiating limited line credit insurance.

license expired;
may, not more than twelve (12) months after the expiration date of the license, reinstate the same license without the necessity of passing a written examination. A penalty in the amount of three (3) times the unpaid renewal fee shall be required for any renewal fee received after the expiration date of the license. However, the department of insurance may waive the penalty if the renewal fee is received not more than thirty (30) days after the expiration date of the license.
    (f) A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance may request a waiver of the license renewal procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with the license renewal procedures.
    (g) An insurance producer license shall contain the licensee's name, address, personal identification number, date of issuance, lines of authority, expiration date, and any other information the commissioner considers necessary.
    (h) A licensee shall inform the commissioner of a change of address not more than thirty (30) days after the change by any means acceptable to the commissioner. The failure of a licensee to timely inform the commissioner of a change in legal name or address shall result in a penalty under section 12 of this chapter.
    (i) To assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the National Association of Insurance Commissioners (NAIC), or any affiliates or subsidiaries that the NAIC oversees, to perform ministerial functions, including the collection of fees related to producer licensing, that the commissioner and the non-governmental entity consider appropriate.
    (j) The commissioner may participate, in whole or in part, with the NAIC or any affiliate or subsidiary of the NAIC in a centralized insurance producer license registry through which insurance producer licenses are centrally or simultaneously effected for states that require an insurance producer license and participate in the centralized insurance producer license registry. If the commissioner determines that participation in the centralized insurance producer license registry is in the public interest, the commissioner may adopt rules under IC 4-22-2 specifying uniform standards and procedures that are necessary for participation in the registry, including standards and

procedures for centralized license fee collection.
    Sec. 8. (a) Unless denied licensure under section 12 of this chapter, a nonresident person shall receive a nonresident producer license if:
        (1) the person is currently licensed as a resident and in good standing in the person's home state;
        (2) the person has submitted the proper request for licensure and has paid the fees required under section 32 of this chapter;
        (3) the person has submitted or transmitted to the commissioner:
            (A) the application for licensure that the person submitted to the person's home state; or
            (B) a completed uniform application; and
        (4) the person's home state awards non-resident producer licenses to residents of Indiana on the same basis as non-resident producer licenses are awarded to residents of other states under this chapter.
    (b) The commissioner may verify a producer's licensing status through the Producer Database maintained by the National Association of Insurance Commissioners and its affiliates or subsidiaries.
    (c) A:
            (1) person who holds an Indiana nonresident producer's license and moves from one state to another state; or
            (2) a resident producer who moves from Indiana to another state;
shall file a change of address with the Indiana department of insurance and provide certification from the new resident state not more than thirty (30) days after the change of legal residence. No fee or license application is required under this subsection.
    (d) Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in the person's home state shall receive a nonresident surplus lines producer license under subsection (a). Except as provided in subsection (a), nothing in this section otherwise amends or supercedes IC 27-1-15.8, as added by this act.
    (e) Notwithstanding any other provision of this chapter, a person who is not a resident of Indiana and who is licensed as a limited lines credit insurance producer or another type of limited lines producer in the person's home state shall, upon application, receive a nonresident limited lines producer license under

subsection (a) granting the same scope of authority as is granted under the license issued by the person's home state.
    Sec. 9. (a) An individual who applies for an insurance producer license in Indiana and who was previously licensed for the same lines of authority in another state is not required to complete any prelicensing education or examination. However, the exemption provided by this subsection is available only if:
        (1) the individual is currently licensed in the other state; or
        (2) the application is received within ninety (90) days after the cancellation of the applicant's previous license and:
            (A) the other state issues a certification that, at the time of cancellation, the applicant was in good standing in that state; or
            (B) the state's Producer Database records that are maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
    (b) If a person is licensed as an insurance producer in another state and moves to Indiana, the person, to be authorized to act as an insurance producer in Indiana, must make application to become a resident licensee under section 6 of this chapter within ninety (90) days after establishing legal residence in Indiana. However, the person is not required to take prelicensing education or examination to obtain a license for any line of authority for which the person held a license in the other state unless the commissioner determines otherwise by rule.
    (c) An individual who:
        (1) has attained the designation of chartered life underwriter, certified financial planner, or chartered financial consultant; and
        (2) applies for an insurance producer license in Indiana requesting qualification under sections:
            (A) 7(a)(1);
            (B) 7(a)(2); or
            (C) 7(a)(5);
        of this chapter;
is not required to complete prelicensing education, and is required to take only the portion of the examination required under section 5(b) of this chapter that pertains to Indiana laws and rules.
    (d) An individual who has:
        (1) attained the designation of chartered property and

casualty underwriter, certified insurance counselor, or accredited advisor in insurance; and
        (2) applies for an insurance producer license in Indiana requesting qualification under sections:
            (A) 7(a)(3);
            (B) 7(a)(4); or
            (C) 7(a)(6);
        of this chapter;
is not required to complete prelicensing education, and is required to take only the portion of the examination required under section 5(b) of this chapter that pertains to Indiana laws and rules.
    Sec. 10. Before an insurance producer may do business in Indiana under any name other than the producer's legal name, the insurance producer shall notify the commissioner of the proposed use of the assumed name.
    Sec. 11. (a) If the commissioner considers the issuance of a temporary license necessary for the servicing of an insurance business, the commissioner, without requiring an examination, may issue a temporary insurance producer license for a period of not more than one hundred eighty (180) days to any of the following:
        (1) To the surviving spouse or court-appointed personal representative of a licensed individual insurance producer who dies or becomes mentally or physically disabled:
            (A) to allow adequate time for the sale of the insurance business owned by the producer;
            (B) to provide for the servicing of the insurance business until the recovery or return of the producer to the business; or
            (C) to provide for the training and licensing of new personnel to operate the producer's business.
        (2) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.
        (3) To the designee of a licensed individual insurance producer entering active service in the armed forces of the United States of America.
        (4) To an individual in any other circumstance where the commissioner considers the public interest to be best served by the issuance to the individual of a temporary insurance producer license.
    (b) The commissioner may by order limit the authority of a

temporary licensee in any way considered necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other, similar requirements designed to protect insureds and the public.
    (c) The commissioner may by order revoke a temporary insurance producer license if the interest of insureds or the public are endangered. A temporary insurance producer license issued under subsection (a)(1)(A) expires at the time the owner or the personal representative disposes of the business.
    Sec. 12. (a) For purposes of this section, "permanently revoke" means that:
        (1) the producer's license shall never be reinstated; and
        (2) the former licensee, after the license revocation, is not eligible to submit an application for a license to the department.
    (b) The commissioner may levy a civil penalty, place an insurance producer on probation, suspend an insurance producer's license, revoke an insurance producer's license for a period of years, permanently revoke an insurance producer's license, or refuse to issue or renew an insurance producer license, or take any combination of these actions, for any of the following causes:
        (1) Providing incorrect, misleading, incomplete, or materially untrue information in a license application.
        (2) Violating:
            (A) an insurance law;
            (B) a regulation;
            (C) a subpoena of an insurance commissioner; or
            (D) an order of an insurance commissioner;
        of Indiana or of another state.
        (3) Obtaining or attempting to obtain a license through misrepresentation or fraud.
        (4) Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.
        (5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
        (6) Having been convicted of a felony.
        (7) Admitting to having committed or being found to have committed any unfair trade practice or fraud in the business of insurance.

demand, and shall be conducted under IC 4-21.5.
    (e) The license of a business entity may be suspended, revoked, or refused if the commissioner finds, after hearing, that a violation of an individual licensee acting on behalf of the partnership or corporation was known or should have been known by one or more of the partners, officers, or managers of the partnership or corporation and:
        (1) the violation was not reported to the commissioner; and
        (2) no corrective action was taken.
    (f) In addition to or in lieu of any applicable denial, suspension, or revocation of a license under subsection (b), a person may, after a hearing, be subject to the imposition by the commissioner under subsection (b) of a civil penalty of not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000). A penalty imposed under this subsection may be enforced in the same manner as a civil judgement.
    (g) A licensed insurance producer or limited lines producer shall, not more than ten (10) days after the producer receives a request in a registered or certified letter from the commissioner, furnish the commissioner with a full and complete report listing each insurer with which the licensee has held an appointment during the year preceding the request.
    (h) If a licensee fails to provide the report requested under subsection (g) not more than ten (10) days after the licensee receives the request, the commissioner may, in the commissioner's sole discretion, without a hearing, and in addition to any other sanctions allowed by law, suspend any insurance license held by the licensee pending receipt of the appointment report.
    (i) The commissioner shall promptly notify all appointing insurers and the licensee regarding any suspension, revocation, or termination of a license by the commissioner under this section.
    (j) The commissioner may not grant, renew, continue, or permit to continue any license if the commissioner finds that the license is being used or will be used by the applicant or licensee for the purpose of writing controlled business. As used in this subsection, "controlled business" means:
        (1) insurance written on the interests of:
            (A) the applicant or licensee;
            (B) the applicant's or licensee's immediate family; or
            (C) the applicant's or licensee's employer; or
        (2) insurance covering:
            (A) the applicant or licensee;

appointed under IC 23-2-1-15 when an administrative action or civil proceeding is filed under this section and when an order is issued under this section denying, suspending, or revoking a license.
    Sec. 13. (a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in Indiana if the person is required to be licensed under this chapter and is not licensed.
    (b) A person shall not accept a commission, service fee, brokerage fee, or other valuable consideration for selling, soliciting, or negotiating insurance in Indiana if the person is required to be licensed under this chapter and is not licensed.
    (c) Renewal commissions or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in Indiana if the person was required to be licensed under this chapter and was licensed at the time of the sale, solicitation, or negotiation.
    (d) An insurer or insurance producer may pay or assign commissions, service fees, brokerage fees, or other valuable consideration to an insurance agency or to a person who does not sell, solicit, or negotiate insurance in Indiana, unless the payment would violate IC 27-1-20-30.
    Sec. 14. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed producer of the insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
    Sec. 15. (a) An insurer or authorized representative of an insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer shall notify the commissioner not more than thirty (30) days after the effective date of the termination using a format prescribed by the commissioner, if:
        (1) the reason for termination is described in section 12 of this chapter; or
        (2) the insurer has knowledge that the producer was found by a court, a government body, or a self-regulatory organization authorized by law to have engaged in any of the activities described in section 12 of this chapter.
Upon the written request of the insurance commissioner, the insurer shall provide additional information, documents, records, and other data pertaining to the termination or activity of the

producer.
    (b) If an insurer discovers, upon further review or investigation, additional information that would have been reportable to the commissioner under subsection (a) had the insurer known of the existence of the additional information, the insurer or an authorized representative of the insurer shall promptly notify the commissioner of the additional information in a format acceptable to the commissioner.
    (c) A copy of the notification of termination of a producer that must be provided to the commissioner under this section shall also be provided to the producer as follows:
        (1) Not more than fifteen (15) days after making the notification required under subsection (a) or (b), the insurer shall mail a copy of the notification to the producer at the producer's last known address. If the producer is terminated for cause for any of the reasons described in section 12 of this chapter, the insurer shall provide a copy of the notification to the producer at the producer's last known address by certified mail, return receipt requested, postage prepaid, or by overnight delivery using a nationally recognized carrier.
        (2) Not more than thirty (30) days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the commissioner. The producer shall, by the same means used by the producer to file the written comments with the commissioner, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the commissioner's file and accompany every copy of a report distributed or disclosed for any reason about the producer as permitted under subsection (e).
    (d) Immunities under this section are as follows:
        (1) In the absence of actual malice, an insurer, an authorized representative of an insurer, a producer, the commissioner, and an organization of which the commissioner is a member and that compiles information and makes it available to other insurance commissioners or regulatory or law enforcement agencies are immune from civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of:
            (A) a statement or information required by or provided under this section or any information relating to a statement that may be requested in writing by the

commissioner from an insurer or producer; or
            (B) a statement by a terminating insurer to a producer or by a producer to a terminating insurer;
        limited solely and exclusively to whether a termination for cause referred to in subsection (a) was reported to the commissioner, provided that the propriety of any termination for cause referred to in subsection (a) is certified in writing by an officer or authorized representative of the insurer or producer terminating the relationship.
        (2) In any action brought against a person that may have immunity under subdivision (1) for:
            (A) making a statement required under this section; or
            (B) providing information relating to a statement that may be requested by the commissioner;
        the party bringing the action must plead specifically in any allegation that subdivision (1) does not apply because the person making the statement or providing the information did so with actual malice.
        (3) Existing statutory or common law privileges or immunities are not abrogated or modified by subdivision (1) or (2).
    (e) Confidentiality under this section is as follows:
        (1) Documents, materials, and other forms of information in the control or possession of the department that are:
            (A) furnished by:
                (i) an insurer or producer; or
                (ii) an employee or agent of an insurer acting on behalf of the insurer or producer; or
            (B) obtained by the commissioner in an investigation under this section;
        are confidential by law and privileged, are not subject to public inspection and copying under IC 5-14-3-3, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's duties.
        (2) Neither the commissioner nor any person who receives confidential documents, materials, or other information described in subdivision (1) while acting under the authority of the commissioner may be permitted or required to testify in any private civil action concerning the confidential

documents, materials, or information described in subdivision (1).
        (3) To assist in the performance of the commissioner's duties under this chapter, the commissioner may:
            (A) share documents, materials, and other information, including the confidential and privileged documents, materials, and information described in subdivision (1), with:
                (i) other state, federal, and international regulatory agencies;
                (ii) the National Association of Insurance Commissioners, its affiliates or subsidiaries; and
                (iii) state, federal, and international law enforcement authorities;
            provided that the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information;
            (B) receive documents, materials, and information, including otherwise confidential and privileged documents, materials, and information, from:
                (i) the National Association of Insurance Commissioners, its affiliates or subsidiaries; and
                (ii) regulatory and law enforcement officials of other foreign or domestic jurisdictions;
            and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
            (C) enter into agreements governing sharing and use of information consistent with this subsection.
        (4) Disclosure of documents, materials, and information:
            (A) to the commissioner; or
            (B) by the commissioner;
        under this section does not result in a waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information.
        (5) This chapter does not prohibit the commissioner from releasing final, adjudicated actions, including for cause terminations that are open to public inspection under IC 5-14, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or by its

affiliates or subsidiaries.
    (f) If an insurer, an authorized representative of an insurer, or a producer fails to report as required under this section or is found to have reported falsely with actual malice by a court of competent jurisdiction, the commissioner may, after notice and hearing, suspend or revoke the license or certificate of authority of the insurer, authorized representative, or producer, and may fine the insurer, authorized representative, or producer under IC 27-4-1-6.
    Sec. 16. (a) The commissioner shall waive any requirements, except the requirements imposed by section 8 of this chapter, for a nonresident license applicant with a valid license from the applicant's home state if the applicant's home state awards nonresident licenses to residents of Indiana on the same basis.
    (b) A nonresident producer's satisfaction of the nonresident producer's home state's continuing education requirements for licensed insurance producers also satisfies Indiana's continuing education requirements if the non-resident producer's home state recognizes the satisfaction of the non-resident producer's home state's continuing education requirements imposed upon producers from Indiana on the same basis.
    Sec. 17. (a) A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in Indiana not more than thirty (30) days after the final disposition of the matter. The report shall include a copy of the order, consent to order, or other relevant legal documents.
    (b) Not more than thirty (30) days after an initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer initiated in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
    Sec. 18. The commissioner may issue a limited lines producer's license to the following without examination:
        (1) A person who is a ticket-selling producer of a common carrier and who will act only with reference to the issuance of insurance on personal effects carried as baggage, in connection with the transportation provided by such common carrier.
        (2) A person who will only negotiate or solicit limited travel accident insurance in transportation terminals.
        (3) A limited line credit insurance producer.

insurance producer, for a fee, acts as a consultant for that policy unless:
        (1) the insurance producer provides to the insured a written agreement in accordance with section 23(c) of this chapter; and
        (2) the insurance producer discloses to the insured the following information prior to the sale, solicitation, negotiation, or renewal of any policy:
            (A) The fact that the insurance producer will receive compensation for the sale of the policy.
            (B) The method of compensation.
    (b) The requirements of this subsection are in addition to the requirements set forth in subsection (a). A risk manager described in IC 27-1-22-2.5(b)(2) shall, before providing risk management services to an exempt commercial policyholder (as defined in IC 27-1-22-2.5), disclose in writing to the exempt commercial policyholder whether the risk manager will receive or expects to receive any commission, fee, or other consideration from an insurer in connection with the purchase of a commercial insurance policy by the exempt commercial policyholder. However, if the risk manager charges the exempt commercial policyholder a fee for risk management services, the risk manager shall disclose in writing to the exempt commercial policyholder the specific amount of any commission, fee, or other consideration that the risk manager may receive from an insurer in connection with the purchase of the policy. The risk manager shall, before providing the risk management services, obtain from the exempt commercial policyholder a written acknowledgment of the disclosures made by the risk manager to the exempt commercial policyholder under this subsection.
    Sec. 23. (a) An individual or corporation shall not engage in the business of an insurance consultant until a consultant license has been issued to the individual or corporation by the commissioner. However, a consultant license is not required for the following:
        (1) An attorney licensed to practice law in Indiana acting in the attorney's professional capacity.
        (2) A duly licensed insurance producer or surplus lines producer.
        (3) A trust officer of a bank acting in the normal course of the trust officer's employment.
        (4) An actuary or a certified public accountant who provides information, recommendations, advice, or services in the

actuary's or certified public accountant's professional capacity.
    (b) An application for a license to act as an insurance consultant shall be made to the commissioner on forms prescribed by the commissioner. An applicant may limit the scope of the applicant's consulting services by stating the limitation in the application. The areas of allowable consulting services are:
        (1) Class 1, consulting regarding the kinds of insurance specified in IC 27-1-5-1, Class 1; and
        (2) Class 2 and Class 3, consulting regarding the kinds of insurance specified in IC 27-1-5-1, Class 2 and Class 3.
Within a reasonable time after receipt of a properly completed application form, the commissioner shall hold a written examination for the applicant that is limited to the type of consulting services designated by the applicant, and may conduct investigations and propound interrogatories concerning the applicant's qualifications, residence, business affiliations, and any other matter that the commissioner considers necessary or advisable in order to determine compliance with this chapter or for the protection of the public.
    (c) For purposes of this subsection, "consultant's fee" does not include a late fee charged under section 24 of this chapter or fees otherwise allowed by law. A consultant shall provide consultant services as outlined in a written agreement. The agreement must be signed by the person receiving services, and a copy of the agreement must be provided to the person receiving services before any services are performed. The agreement must outline the nature of the work to be performed by the consultant and the method of compensation of the consultant. The signed agreement must be retained by the consultant for not less than two (2) years after completion of the services. A copy of the agreement shall be made available to the commissioner. In the absence of an agreement on the consultant's fee, the consultant shall not be entitled to recover a fee in any action at law or in equity.
    (d) An individual or corporation shall not concurrently hold a consultant license and an insurance producer's license, surplus lines producer's license, or limited lines producer's license at any time.
    (e) A licensed consultant shall not:
        (1) employ;
        (2) be employed by;
        (3) be in partnership with; or

the insurance producer must provide written notice to the commercial insured stating that a fee will be charged and setting forth the:
            (A) amount of the fee; or
            (B) basis for calculating the fee.
        (2) The amount of a fee and the basis for calculating a fee may not vary among commercial insureds.
        (3) Any fee that is charged must be identified separately from premium and itemized in any bill provided to the commercial insured.
    (c) A licensed insurance producer may charge a commercial insured a reasonable fee for services that are provided at the request of the commercial insured in connection with a policy that provides coverage described in subsection (a) and for which the insurance producer does not receive a commission or other compensation, subject to the following requirements:
        (1) Before providing services, the insurance producer must provide to the commercial insured a written description of the services to be provided and the fee for the services.
        (2) Any fee that is charged must be identified separately from premium and itemized in any bill provided to the commercial insured.
    (d) A licensed insurance producer who acts as a consultant and provides services described in this section shall comply with the requirements of this section and section 23 of this chapter.
    (e) A licensed insurance producer may charge a late fee for agency billed accounts or policies that are more than thirty (30) days delinquent. A late fee may not exceed one and three quarters percent (1.75%) per month of the amount due on the due date.
    Sec. 25. An individual who performed the functions of a person representing a fraternal benefit society before July 1, 1977, is not required to take an examination, but is entitled to have an insurance producer's license issued to the individual, subject to IC 27-1-15.7 and the requirements of this chapter.
    Sec. 26. A person who performed the functions of a limited lines producer negotiating or soliciting the type of insurance described in IC 27-1-5-1, Class 2(j) before July 1, 1977, is not required to take an examination, but is entitled to have an insurance producer's license issued to the individual, subject to IC 27-1-15.7 and the requirements of this chapter.
    Sec. 27. A person who held a valid solicitor's license on July 1, 1977, is subject to the same rights and responsibilities under a

solicitor's license as the rights and responsibilities that were in effect before enactment of this chapter.
    Sec. 28. (a) Upon receiving an order of a court issued under IC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal), the commissioner shall:
        (1) suspend a license issued under this chapter to the person who is the subject of the order; and
        (2) promptly mail a notice to the last known address of the person who is the subject of the order, stating the following:
            (A) That the person's license is suspended beginning five (5) business days after the date the notice is mailed, and that the suspension will terminate not earlier than ten (10) business days after the commissioner receives an order allowing reinstatement from the court that issued the suspension order.
            (B) That the person has the right to petition for reinstatement of a license issued under this chapter to the court that issued the order for suspension.
    (b) The commissioner shall not reinstate a license suspended under subsection (a) until the commissioner receives an order allowing reinstatement from the court that issued the order for suspension.
    Sec. 29. (a) Upon receiving an order from the bureau (Title IV-D agency) under IC 12-17-2-34(i), the commissioner shall send to the person who is the subject of the order a notice that does the following:
        (1) States that the person is delinquent and is subject to an order placing the person on probationary status.
        (2) Explains that unless the person contacts the bureau and:
            (A) pays the person's child support arrearage in full;
            (B) requests the activation of an income withholding order under IC 31-16-15-2, and establishes a payment plan with the bureau to pay the arrearage; or
            (C) requests a hearing under IC 12-17-2-35;
        within twenty (20) days after the date the notice is mailed, the commissioner shall place the person on probationary status with respect to a license issued to the person under this chapter.
        (3) Explains that the person may contest the bureau's determination that the person is delinquent and subject to an order placing the person on probationary status by making written application to the bureau within twenty (20) days

after the date the notice is mailed.
        (4) Explains that the only basis for contesting the bureau's determination that the person is delinquent and subject to an order placing the person on probationary status is a mistake of fact.
        (5) Explains the procedures to:
            (A) pay the person's child support arrearage in full;
            (B) establish a payment plan with the bureau to pay the arrearage;
            (C) request the activation of an income withholding order under IC 31-16-15-2; and
            (D) request a hearing under IC 12-17-2-35.
        (6) Explains that the probation will terminate ten (10) business days after the commissioner receives a notice from the bureau that the person has:
            (A) paid the person's child support arrearage in full; or
            (B) established a payment plan with the bureau to pay the arrearage and requested the activation of an income withholding order under IC 31-16-15-2.
    (b) Upon receiving an order from the bureau (Title IV-D agency) under IC 12-17-2-36(d), the commissioner shall send a notice to the person who is the subject of the order stating the following:
        (1) That a license issued to the person under this chapter has been placed on probationary status, beginning five (5) business days after the date the notice was mailed, and that the probation will terminate ten (10) business days after the commissioner receives a notice from the bureau that the person has:
            (A) paid the person's child support arrearage in full; or
            (B) established a payment plan with the bureau to pay the arrearage and requested the activation of an income withholding order under IC 31-16-15-2.
        (2) That if the commissioner is advised by the bureau that the person whose license has been placed on probationary status has failed to:
            (A) pay the person's child support arrearage in full; or
            (B) establish a payment plan with the bureau to pay the arrearage and request the activation of an income withholding order under IC 31-16-15-2;
        within twenty (20) days after the date the notice is mailed, the commissioner shall suspend the person's license.

are conducted.
                (ii) Places a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature, and relevance of the notice.
        (3) "Collect" means to obtain information that a licensee organizes or can retrieve by the name of an individual or by identifying number, symbol, or other identifying particular assigned to the individual, regardless of the source of the underlying information.
        (4) "Commissioner" means the commissioner of the Indiana department of insurance.
        (5) "Company" means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship, or similar organization.
        (6) "Consumer" means an individual who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information, or the individual's legal representative, including the following:
            (A) An individual provides nonpublic personal information to a licensee in connection with obtaining or seeking to obtain financial, investment or economic advisory services relating to an insurance product or service is a consumer regardless of whether the licensee establishes an ongoing advisory relationship.
            (B) An applicant for insurance prior to the inception of insurance coverage is a licensee's consumer.
            (C) An individual who is a consumer of another financial institution is not a licensee's consumer solely because the licensee is acting as an agent for, or provides processing or other services to, that financial institution.
            (D) An individual is a licensee's consumer if the individual is:
                (i) a beneficiary of a life insurance policy underwritten by the licensee;
                (ii) a claimant under an insurance policy issued by the licensee;
                (iii) an insured or an annuitant under an insurance policy or an annuity, respectively, issued by the licensee;

or
                (iv) a mortgagor of a mortgage covered under a mortgage insurance policy;
            and the licensee discloses nonpublic personal financial information about the individual to a nonaffiliated third party other than as permitted under sections 12, 13, and 14 of this chapter.
            (E) If the licensee provides the initial, annual, and revised notices under sections 3, 4, and 7 of this chapter to the plan sponsor, group, or blanket insurance policyholder or group annuity contractholder, and if the licensee does not disclose to a nonaffiliated third party nonpublic personal financial information about the individual other than as permitted under sections 12, 13, and 14 of this chapter, an individual is not the consumer of the licensee solely because the individual is:
                (i) a participant or a beneficiary of an employee benefit plan that the licensee administers or sponsors or for which the licensee acts as a trustee, insurer, or fiduciary;
                (ii) covered under a group or blanket insurance policy or group annuity contract issued by the licensee; or
                (iii) a beneficiary in a workers' compensation plan.
            (F) The individuals described in clause (E)(i) through (E)(iii) are consumers of a licensee if the licensee does not meet all the conditions of this subdivision. In no event shall the individuals, solely by virtue of the status described in clause (E)(i) through (E)(iii), be considered to be customers.
            (G) An individual is not a licensee's consumer solely because the individual is a beneficiary of a trust for which the licensee is a trustee.
            (H) An individual is not a licensee's consumer solely because the individual has designated the licensee as trustee for a trust.
        (7) "Consumer reporting agency" has the meaning set forth in section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
        (8) "Control" means any of the following:
            (A) Ownership, control, or power to vote twenty-five percent (25%) or more of the outstanding shares of any class of voting security of a company, directly or indirectly, or acting through one (1) or more other persons.

rule, communication at the direction of a state or federal authority, or promotional materials.
                (vii) The individual is an insured or an annuitant under an insurance policy or annuity, respectively, but is not the policyholder or owner of the insurance policy or annuity.
                (viii) For the purposes of this chapter, the individual's last known address, according to the licensee's records, is considered invalid. An address of record is considered invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.
        (11) "Financial institution" means an institution the business of which is engaging in activities that are financial in nature or incidental to financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k). The term does not include the following:
            (A) A person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act, 7 U.S.C. 1 et seq.
            (B) The Federal Agricultural Mortgage Corporation or any entity charged and operating under the Farm Credit Act of 1971, 12 U.S.C. 2001 et seq.
            (C) Institutions chartered by Congress specifically to engage in securitizations, secondary market sales (including sales of servicing rights), or similar transactions related to a transaction of a consumer, as long as the institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party.
        (12) "Financial product or service" means a product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental to such a financial activity under section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k). "Financial service" includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for a financial product or service.
        (13) "Health information" means any information or data,

except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or a consumer that relates to any of the following:
            (A) The past, present, or future physical, mental, or behavioral health or condition of an individual.
            (B) The provision of health care to an individual.
            (C) Payment for the provision of health care to an individual.
        (14) "Insurance product or service" means any product or service that is offered by a licensee under the insurance laws of Indiana. "Insurance service" includes a licensee's evaluation, brokerage, or distribution of information that the licensee collects in connection with a request or an application from a consumer for an insurance product or service.
        (15) "Licensee" means licensed insurers, health maintenance organizations, agents, producers, and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered under IC 27. The following requirements apply:
            (A) A licensee is not subject to the notice and opt out requirements for nonpublic personal financial information set forth in section 1 of this chapter, this section, and sections 3 through 15 of this chapter if the licensee is an employee, agent, or other representative of another licensee and:
                (i) the other licensee otherwise complies with, and provides the notices required under this chapter; and
                (ii) the licensee does not disclose any nonpublic personal information to any person other than the principal or affiliates of the principal in a manner permitted under this chapter.
            (B) A licensee includes an unauthorized insurer that accepts business placed through a licensed surplus lines broker in Indiana, but only with regard to the surplus lines placements placed under IC 27-1-15.5-5. A surplus lines broker or surplus lines insurer is considered to be in compliance with the notice and opt out requirements for nonpublic personal financial information set forth in section 1 of this chapter, this section, and sections 3 through 15 of this chapter if the surplus lines agent or insurer:
                (i) does not disclose nonpublic personal information of a

consumer or a customer to a nonaffiliated third party for any purpose, including joint servicing or marketing under section 12 of this chapter, except as permitted under section 13 or 14 of this chapter; and
                (ii) delivers a notice to the consumer at the time a customer relationship is established on which the following is printed in 16 point type:

that is derived without using any personally identifiable financial information that is not publicly available.
            (D) A list of the names and addresses of individuals that contains only publicly available information, is not derived in whole or in part using personally identifiable financial information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution.
        (18) "Nonpublic personal information" means nonpublic personal financial information.
        (19) "Personally identifiable financial information" means information provided by a consumer to a licensee to obtain an insurance product or service from the licensee, information about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer, or information a licensee otherwise obtains about a consumer in connection with providing an insurance product or service to the consumer, including the following:
            (A) Information a consumer provides to a licensee on an application to obtain an insurance product or service.
            (B) Account balance information and payment history.
            (C) The fact that an individual is or has been a customer of the licensee or has obtained an insurance product or service from the licensee.
            (D) Information about the licensee's consumer if it is disclosed in a manner that indicates that the individual is or has been a consumer of the licensee.
            (E) Information that a consumer provides to a licensee or that the licensee or an agent of the licensee otherwise obtains in connection with collecting on a loan or servicing a loan.
            (F) Information the licensee collects through an Internet cookie (an information-collecting device from a Web server).
            (G) Information from a consumer report.
        The term does not include health information, a list of names and addresses of customers of an entity that is not a financial institution, or information that does not identify a consumer, including aggregate information or blind data that does not contain personal identifiers, such as account numbers, names or addresses.

period to the customer on a consistent basis.
        (2) A licensee provides a notice annually if the licensee defines the twelve (12) consecutive month period as a calendar year and provides the annual notice to the customer once in each calendar year following the calendar year in which the licensee provided the initial notice.
    (b) A licensee is not required to provide an annual notice to a former customer. As used in this section, "former customer" means an individual with whom a licensee no longer has a continuing relationship and includes the following:
        (1) The individual is not a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee.
        (2) The individual's policy is lapsed, expired, or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of twelve (12) consecutive months, other than to provide annual privacy notices, material required by law or rule, or promotional materials.
        (3) An individual if the individual's last known address according to the licensee's records is considered invalid. An address of record is considered invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.
        (4) In the case of providing real estate settlement services, at the time the customer completes execution of all documents related to the real estate closing, payment for the services has been received, or the licensee has completed all of the licensee's responsibilities with respect to the settlement, including filing documents on the public record, whichever is later.
    (c) When a licensee is required under this section to deliver an annual privacy notice, the licensee shall deliver the notice as specified under section 8 of this chapter.
    Sec. 5. (a) The initial, annual, and revised privacy notices that a licensee provides under sections 3, 4, and 7 of this chapter must include each of the following items of information, in addition to any other information that the licensee provides, that applies to the licensee and to the consumers to whom the licensee sends the licensee's privacy notice:

disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law.
    (c) The following are examples of compliance with this section:
        (1) A licensee satisfies the requirement to categorize the nonpublic personal financial information that the licensee collects if the licensee categorizes the information according to the source of the information, as applicable information:
            (A) from the consumer;
            (B) about the consumer's transactions with the licensee or its affiliates;
            (C) about the consumer's transactions with nonaffiliated third parties; and
            (D) from a consumer reporting agency.
        (2) A licensee satisfies the requirement to categorize nonpublic personal financial information the licensee discloses if the licensee categorizes the information according to source, as described in subdivision (1), as applicable, and provides examples to illustrate the types of information in each category. The examples include the following:
            (A) Information from the consumer, including application information, such as assets and income and identifying information, such as name, address, and Social Security number.
            (B) Transaction information, such as information about balances, payment history, and parties to the transaction.
            (C) Information from consumer reports, such as a consumer's creditworthiness and credit history.
        (3) A licensee does not adequately categorize the information that the licensee discloses if the licensee uses only general terms, such as transaction information about the consumer. If a licensee reserves the right to disclose all of the nonpublic personal financial information about consumers that the licensee collects, the licensee may simply state that fact without describing the categories or examples of nonpublic personal information that the licensee discloses.
        (4) A licensee satisfies the requirement to categorize the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers if the licensee identifies the types of businesses in which they engage.
            (A) Types of businesses may be described by general terms only if the licensee uses a few illustrative examples of

significant lines of business.
            (B) A licensee also may categorize the affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information about consumers using more detailed categories.
        (5) If a licensee discloses nonpublic personal financial information under the exception in section 12 of this chapter to a nonaffiliated third party to market products or services that the licensee offers alone or jointly with another financial institution, the licensee satisfies the disclosure requirement of subsection (a)(5) if the licensee:
            (A) lists the categories of nonpublic personal financial information that the licensee discloses, using the same categories and examples the licensee used to meet the requirements of subsection (a)(2), as applicable; and
            (B) states whether the third party is a:
                (i) service provider that performs marketing services on the licensee's behalf or on behalf of the licensee and another financial institution; or
                (ii) financial institution with whom the licensee has a joint marketing agreement.
        (6) If a licensee does not disclose, and does not reserve the right to disclose, nonpublic personal financial information about customers or former customers to affiliates or nonaffiliated third parties, except as authorized under sections 13 and 14 of this chapter, the licensee may state that fact, in addition to the information that the licensee shall provide under subsections (a)(1), (a)(8), (a)(9), and (b).
        (7) A licensee describes the licensee's policies and practices with respect to protecting the confidentiality and security of nonpublic personal financial information if the licensee does both of the following:
            (A) Describes in general terms who is authorized to have access to the information.
            (B) States whether the licensee has security practices and procedures in place to ensure the confidentiality of the information in accordance with the licensee's policy. The licensee is not required to describe technical information about the safeguards that the licensee uses.
    (d) A licensee may satisfy the initial notice requirements of sections 3(a)(2) and 6(d) of this chapter for a consumer who is not a customer by providing a short form initial notice at the same

time that the licensee delivers an opt out notice as required under section 6 of this chapter. A short form notice must:
        (1) be clear and conspicuous;
        (2) state that the licensee's privacy notice is available upon request; and
        (3) explain a reasonable means by which the consumer may obtain the notice.
    (e) A licensee shall deliver the licensee's short form initial notice as specified under section 8 of this chapter. The licensee is not required to deliver the licensee's privacy notice with the licensee's short form initial notice. The licensee may provide the consumer a reasonable means to obtain the licensee's privacy notice. If a consumer who receives the licensee's short form notice requests the licensee's privacy notice, the licensee shall deliver the licensee's privacy notice as specified under section 8 of this chapter.
    (f) A licensee provides a reasonable means by which a consumer may obtain a copy of the licensee's privacy notice if the licensee does either of the following:
        (1) Provides a toll free telephone number that the consumer may call to request the notice.
        (2) For a consumer who conducts business in person at the licensee's office, maintains copies of the notice on hand that the licensee provides to the consumer immediately upon request.
    (g) A licensee's notice may include the following:
        (1) Categories of nonpublic personal financial information that the licensee reserves the right to disclose in the future, but does not currently disclose.
        (2) Categories of affiliates or nonaffiliated third parties to whom the licensee reserves the right in the future to disclose, but to whom the license does not currently disclose, nonpublic financial information.
    Sec. 6. (a) If a licensee is required to provide an opt out notice under section 9(a) of this chapter, the licensee shall provide a clear and conspicuous notice to each of the licensee's consumers that accurately explains the right to opt out under section 9(a) of this chapter. The notice shall state all of the following:
        (1) The licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party.
        (2) The consumer has the right to opt out of that disclosure.
        (3) A reasonable means by which the consumer may exercise

the opt out right.
    (b) The following are examples of compliance with subsection (a):
        (1) A licensee provides adequate notice that a consumer can opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee does all of the following:
            (A) Identifies all of the categories of nonpublic personal financial information that the licensee discloses or reserves the right to disclose, and all of the categories of nonaffiliated third parties to which the licensee discloses the information, as described in section 5(a)(2) and 5(a)(3) of this chapter.
            (B) States that the consumer can opt out of the disclosure of the information.
            (C) Identifies the insurance products or services that the consumer obtains from the licensee, either singly or jointly, to which the opt out direction would apply.
        (2) A licensee provides a reasonable means to exercise an opt out right if the licensee does any of the following:
            (A) Designates check-off boxes in a prominent position on the relevant forms with the opt out notice.
            (B) Includes a reply form together with the opt out notice.
            (C) Provides an electronic means to opt out, such as a form that can be sent via electronic mail or a process at the licensee's Web site, if the consumer agrees to the electronic delivery of information.
            (D) Provides a toll free telephone number that consumers may call to opt out.
        (3) A licensee does not provide a reasonable means of opting out if the only means of opting out:
            (A) is for the consumer to write the consumer's own letter to exercise that opt out right; or
            (B) as described in any notice subsequent to the initial notice, is to use a check-off box that the licensee provided with the initial notice, but did not include with the subsequent notice.
        (4) A licensee may require each consumer to opt out through a specific means as long as the means is reasonable for the consumer.
    (c) A licensee may provide an opt out notice together with or on the same written or electronic form as the initial notice that the

licensee provides in under section 3 of this chapter.
    (d) If a licensee provides an opt out notice later than required for the initial notice under section 3 of this chapter, the licensee shall include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.
    (e) The following apply to joint relationships:
        (1) If two (2) or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice. The licensee's opt out notice shall explain how the licensee will treat an opt out direction by a joint consumer.
        (2) Any of the joint consumers may exercise the right to opt out. The licensee may either:
            (A) treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or
            (B) permit each joint consumer to opt out separately.
        (3) If a licensee permits each joint consumer to opt out separately, the licensee shall permit one (1) of the joint consumers to opt out on behalf of all of the joint consumers.
        (4) A licensee may not require all joint consumers to opt out before the licensee implements any opt out direction.
    (f) A licensee shall comply with a consumer's opt out direction as soon as reasonably practicable after the direction is received by the licensee.
    (g) A consumer may exercise the right to opt out at any time.
    (h) A consumer's direction to opt out under this section is effective until the consumer revokes the direction in writing or, if the consumer agrees, electronically. When a consumer relationship terminates, the customer's opt out direction continues to apply to the nonpublic personal financial information that the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship does not apply to the new relationship.
    (i) When a licensee is required to deliver an opt out notice under this section, the licensee shall deliver the notice as specified under section 8 of this chapter.
    Sec. 7. (a) Except as otherwise authorized in this chapter, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provided to the consumer under section 3

of this chapter unless the:
        (1) licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes the licensee's policies and practices;
        (2) licensee has provided to the consumer a new opt out notice;
        (3) licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
        (4) consumer does not opt out.
    (b) Except as otherwise permitted under sections 12 through 14 of this chapter, a licensee shall provide a revised notice before the licensee does any of the following:
        (1) Discloses a new category of nonpublic personal financial information to any nonaffiliated third party.
        (2) Discloses nonpublic personal financial information to a new category of nonaffiliated third party.
        (3) Discloses nonpublic personal financial information regarding a former customer to a nonaffiliated third party, if the former customer has not had the opportunity to exercise an opt out right regarding the disclosure.
    (c) A revised notice is not required if the licensee discloses nonpublic personal financial information to a new nonaffiliated third party that the licensee adequately described in the licensee's prior notice.
    (d) When a licensee is required to deliver a revised privacy notice under this section, the licensee shall deliver the notice as specified under section 8 of this chapter.
    Sec. 8. (a) A licensee shall provide notices required under this chapter so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
    (b) A licensee may reasonably expect that a consumer will receive actual notice if the licensee does any of the following:
        (1) Hand delivers a printed copy of the notice to the consumer.
        (2) Mails a printed copy of the notice to the last known address of the consumer separately, or in a policy, billing, or other written communication.
        (3) For a consumer who conducts transactions electronically, posts the notice on the electronic site and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service.

obtains an insurance product or service electronically and agrees to receive the notice at the Web site.
    (g) A licensee may provide a joint notice from the licensee and one (1) or more of the licensee's affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions. A licensee also may provide a notice on behalf of another financial institution.
    (h) If two (2) or more consumers jointly obtain an insurance product or service from a licensee, the licensee may satisfy the initial, annual, and revised notice requirements of sections 3(a), 4(a), and 7(a) of this chapter, by providing one (1) notice to the consumers jointly.
    Sec. 9. (a) Except as otherwise authorized in this chapter, a licensee may not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the:
        (1) licensee has provided to the consumer an initial notice as required under section 3 of this chapter;
        (2) licensee has provided to the consumer an opt out notice as required under section 6 of this chapter;
        (3) licensee has given the consumer a reasonable opportunity, before the licensee discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
        (4) consumer does not opt out.
    (b) Opt out means a direction by the consumer that the licensee not disclose nonpublic personal financial information about the consumer to a nonaffiliated third party, other than as permitted under sections 12 through 14 of this chapter.
    (c) A licensee provides a consumer with a reasonable opportunity to opt out if the licensee does any of the following:
        (1) Mails the notices required under subsection (a) to the consumer and allows the consumer to opt out by mailing a form, calling a toll free telephone number or any other reasonable means within thirty (30) days from the date the licensee mailed the notices.
        (2) If a customer opens an on-line account with the licensee and agrees to receive the notices required under subsection (a) electronically, allows the customer to opt out by any reasonable means within thirty (30) days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.

licensee may disclose the information; and
        (3) any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.
    (c) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception under section 13 or 14 of this chapter, the third party may disclose and use the information only as follows:
        (1) The third party may disclose the information to the licensee's affiliates.
        (2) The third party may disclose the information to the third party's affiliates, but the third party's affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information.
        (3) The third party may disclose and use the information under an exception under section 13 or 14 of this chapter in the ordinary course of business to carry out the activity covered by the exception under which the third party received the information.
    (d) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception under section 13 or 14 of this chapter, the third party may disclose the information only to:
        (1) the licensee's affiliates;
        (2) the third party's affiliates, but the third party's affiliates, in turn, may disclose the information only to the extent the third party can disclose the information; and
        (3) any other person, if the disclosure would be lawful if the licensee made the disclosure directly to the person.
    Sec. 11. (a) A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.
    (b) Subsection (a) does not apply if a licensee discloses a policy number or similar form of access number or access code to any of the following:
        (1) The licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account.

utilization review activities.
                (vii) Participating in research projects.
                (viii) As otherwise required or specifically permitted by federal or state law.
                (ix) In connection with the authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or account number, or by other payment means.
                (x) In connection with the transfer of receivables, accounts, or interests in the receivables or accounts.
                (xi) In connection with the audit of debit, credit, or other payment information.
    Sec. 14. (a) The requirements for initial notice to consumers under section 3(a)(2) of this chapter, the opt out under sections 6 and 9 of this chapter, and service providers and joint marketing under section 12 of this chapter do not apply when a licensee discloses nonpublic personal financial information as follows:
        (1) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;
        (2) In any of the following situations:
            (A) To protect the confidentiality or security of a licensee's records pertaining to the consumer, service, product, or transaction.
            (B) To protect against or prevent actual or potential fraud or unauthorized transactions.
            (C) For required institutional risk control or for resolving consumer disputes or inquiries.
            (D) To persons holding a legal or beneficial interest relating to the consumer.
            (E) To persons acting in a fiduciary or representative capacity on behalf of the consumer.
        (3) To provide information to:
            (A) insurance rate advisory organizations;
            (B) guaranty funds or agencies;
            (C) agencies that are rating a licensee;
            (D) persons who are assessing the licensee's compliance with industry standards; and
            (E) the licensee's attorneys, accountants, and auditors.
        (4) To the extent specifically permitted or required under other provisions of law and in accordance with the federal

Right to Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies, including the Federal Reserve Board, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, National Credit Union Administration, the Securities and Exchange Commission, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state insurance authority, and the Federal Trade Commission, self-regulatory organization or for an investigation on a matter related to public safety.
        (5) To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or from a consumer report reported by a consumer reporting agency.
        (6) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of the business or unit.
        (7) To comply with or respond to any of the following:
            (A) Federal, state, or local laws, rules, and other applicable legal requirements.
            (B) Properly authorized civil, criminal, or regulatory investigation, or subpoena, or summons by federal, state, or local authorities.
            (C) Judicial process or governmental regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law.
        (8) For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan, or a workers' compensation plan.
    (b) A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under section 6(g) of this chapter.
    Sec. 15. This chapter shall not be construed to modify, limit, or supersede the operation of the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and no inference shall be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under Section 603 of the Fair Credit Reporting Act.