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MS SB2863

Bill

Status

Failed

4/11/2012

Primary Sponsor

Gary Jackson

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Establishes privilege protecting self-assessment reports of depository financial institutions from discovery and admissibility in civil or administrative proceedings, with reports defined as voluntary internal audits or reviews conducted in good faith and not publicly released outside bank regulators or confidentiality agreements.

  • Creates exceptions allowing court or hearing officer review when: bank waives privilege; report shows material banking law non-compliance without good-faith remedial efforts causing customer harm; or privilege is asserted fraudulently or to avoid disclosure of ongoing investigations.

  • Permits limited in-camera access to self-assessment reports upon showing of probable cause that an exception applies, with strict confidentiality requirements and liability for unauthorized disclosure of report contents.

  • Exempts protected self-assessment reports from the Mississippi Public Records Act and establishes burden of proof requirements: banks must prove prima facie privilege; parties seeking disclosure must prove privilege does not apply.

  • Takes effect July 1, 2012, and repeals on July 1, 2016; self-assessment reports created before repeal date remain protected thereafter.

Legislative Description

Banks; self-assessment reports are privileged and not admissible in civil or administrative proceedings.

Last Action

Died On Calendar

4/11/2012

Full Bill Text

No bill text available