First Regular Session
Sixty-second General Assembly
LLS NO. 99-0411.01 Julie Hoerner SENATE BILL 99-144
STATE OF COLORADO
BY SENATOR Dyer
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING SELF-EVALUATION FOR INSURANCE COMPANIES, AND, IN
102 CONNECTION THEREWITH, CREATING AN INSURANCE
103 SELF-EVALUATION PRIVILEGE AND CREATING A REBUTTABLE
104 PRESUMPTION AGAINST THE IMPOSITION OF ANY ADMINISTRATIVE,
105 CIVIL, OR CRIMINAL PENALTIES FOR VOLUNTARY DISCLOSURES
106 ARISING OUT OF ANY INSURANCE SELF-EVALUATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Finds that voluntary self-evaluation by insurance companies will
serve the public by making insurers efficient and responsive to
consumers' needs.
Creates an evidence admissibility privilege for insurance
self-evaluation audit documents prepared for compliance with deceptive
trade practices and unfair competition laws.
Creates a rebuttable presumption against the imposition of any
administrative, civil, or criminal penalties for voluntary disclosures
arising out of any insurance self-evaluation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 25 of title 13, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 13-25-126.7. Documents arising from voluntary insurance
2 compliance self-evaluation - legislative declaration - definitions -
3 admissibility of evidence. (1) Legislative declaration. INSURANCE
4 COMPANIES AND PERSONS CONDUCTING ACTIVITIES REGULATED UNDER
5 TITLE 10, C.R.S., ARE ENCOURAGED BOTH TO CONDUCT VOLUNTARY
6 INTERNAL AUDITS OF THEIR COMPLIANCE PROGRAMS AND MANAGEMENT
7 SYSTEMS AND TO ASSESS AND IMPROVE COMPLIANCE WITH STATE AND
8 FEDERAL STATUTES, RULES, AND ORDERS. AN INSURANCE COMPLIANCE
9 SELF-EVALUATION PRIVILEGE IS RECOGNIZED TO PROTECT THE
10 CONFIDENTIALITY OF COMMUNICATION RELATING TO VOLUNTARY
11 INSURANCE COMPLIANCE SELF-EVALUATIONS. THE GENERAL ASSEMBLY
12 HEREBY FINDS AND DECLARES THAT PROTECTION OF INSURANCE
13 CONSUMERS IS ENHANCED BY COMPANIES VOLUNTARILY COMPLYING WITH
14 COLORADO'S INSURANCE AND OTHER LAWS AND THAT THE PUBLIC WILL
15 BENEFIT FROM INCENTIVES TO IDENTIFY AND REMEDY INSURANCE AND
16 OTHER COMPLIANCE PROBLEMS. IT IS FURTHER DECLARED THAT LIMITED
17 EXPANSION OF THE PROTECTION AGAINST DISCLOSURE WILL ENCOURAGE
18 VOLUNTARY COMPLIANCE AND IMPROVE INSURANCE MARKET CONDUCT
19 QUALITY AND THAT THE VOLUNTARY PROVISION OF THIS SECTION WILL NOT
20 INHIBIT THE EXERCISE OF THE REGULATION AUTHORITY BY THOSE
21 ENTRUSTED WITH PROTECTING INSURANCE CONSUMERS.
22 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
23 OTHERWISE REQUIRES:
24 (a) "ADMINISTRATIVE LAW JUDGE" MEANS ANY PERSON APPOINTED
25 TO BE AN ADMINISTRATIVE LAW JUDGE PURSUANT TO SECTION 24-30-1003,
26 C.R.S.
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1 (b) "COMMISSIONER" MEANS THE COMMISSIONER OF INSURANCE
2 APPOINTED PURSUANT TO SECTION 10-1-104, C.R.S.
3 (c) "COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH IN
4 SECTION 10-1-102 (4), C.R.S.
5 (d) "DIVISION" MEANS THE DIVISION OF INSURANCE CREATED IN
6 SECTION 10-1-103, C.R.S.
7 (e) "IN CAMERA REVIEW" MEANS A HEARING OR REVIEW IN A
8 COURTROOM, HEARING ROOM, OR CHAMBERS TO WHICH THE GENERAL
9 PUBLIC IS NOT ADMITTED. SUCH HEARING OR REVIEW AND ANY
10 TRANSCRIPT OF THE ORAL AND OTHER EVIDENCE AND STATEMENTS OF THE
11 JUDGE AND COUNSEL SHALL BE HELD IN CONFIDENCE BY THOSE
12 PARTICIPATING IN OR PRESENT AT THE HEARING OR REVIEW, AND ANY
13 TRANSCRIPT OF THE HEARING OR REVIEW SHALL BE SEALED AND NOT
14 CONSIDERED A PUBLIC RECORD, UNTIL THE CONTENTS ARE DISCLOSED BY
15 A COURT OR ADMINISTRATIVE LAW JUDGE HAVING JURISDICTION OVER THE
16 MATTER.
17 (f) "INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT"
18 MEANS DOCUMENTS PREPARED AS A RESULT OF OR IN CONNECTION WITH
19 A VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION RELATED TO
20 UNFAIR METHODS OF COMPETITION AND DECEPTIVE TRADE PRACTICES AS
21 DEFINED IN PART 11 OF ARTICLE 3 OF TITLE 10, C.R.S. AN INSURANCE
22 COMPLIANCE SELF-EVALUATION DOCUMENT MAY INCLUDE A WRITTEN
23 RESPONSE TO THE FINDINGS OF A VOLUNTARY INSURANCE COMPLIANCE
24 SELF-EVALUATION. AN INSURANCE COMPLIANCE SELF-EVALUATION
25 DOCUMENT MUST BE DEVELOPED OR PREPARED FOR THE PRIMARY PURPOSE
26 OF OR IN THE COURSE OF A VOLUNTARY INSURANCE COMPLIANCE
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1 SELF-EVALUATION. DOCUMENTS THAT MAY BE CONSIDERED AN
2 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT MAY INCLUDE,
3 BUT ARE NOT LIMITED TO, FIELD NOTES AND RECORDS OF OBSERVATIONS,
4 FINDINGS, OPINIONS, SUGGESTIONS, CONCLUSIONS, DRAFTS,
5 MEMORANDUM, DRAWINGS, PHOTOGRAPHS, EXHIBITS,
6 COMPUTER-GENERATED OR ELECTRONICALLY-RECORDED INFORMATION,
7 AND TELEPHONE RECORDS. AN INSURANCE COMPLIANCE
8 SELF-EVALUATION DOCUMENT MAY ALSO INCLUDE ANY OF THE
9 FOLLOWING:
10 (I) AN INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT
11 PREPARED BY AN AUDITOR, WHO MAY BE AN EMPLOYEE OF THE COMPANY
12 OR AN INDEPENDENT CONTRACTOR, THAT MAY INCLUDE:
13 (A) THE SCOPE OF THE VOLUNTARY INSURANCE COMPLIANCE
14 SELF-EVALUATION;
15 (B) THE INFORMATION GAINED IN THE VOLUNTARY INSURANCE
16 COMPLIANCE SELF-EVALUATION; OR
17 (C) THE CONCLUSIONS OR RECOMMENDATIONS WITH EXHIBITS AND
18 APPENDICES FROM THE VOLUNTARY INSURANCE COMPLIANCE
19 SELF-EVALUATION.
20 (II) MEMORANDA AND DOCUMENTS ANALYZING PORTIONS OR ALL
21 OF THE INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT AND
22 DISCUSSING POTENTIAL IMPLEMENTATION ISSUES;
23 (III) AN IMPLEMENTATION PLAN THAT ADDRESSES CORRECTING
24 PAST NONCOMPLIANCE AND PREVENTING FUTURE NONCOMPLIANCE; OR
25 (IV) ANALYTIC DATA GENERATED IN THE COURSE OF CONDUCTING
26 THE VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION.
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1 (g) "VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION"
2 MEANS A VOLUNTARY, INTERNAL EVALUATION, REVIEW, ASSESSMENT,
3 AUDIT, OR INVESTIGATION FOR THE PURPOSE OF IDENTIFYING OR
4 PREVENTING NONCOMPLIANCE WITH LAWS, REGULATIONS, ORDERS, OR
5 INDUSTRY OR PROFESSIONAL STANDARDS THAT IS CONDUCTED BY OR ON
6 BEHALF OF A COMPANY LICENSED OR REGULATED UNDER TITLE 10, C.R.S.
7 (3) Admissibility of evidence. (a) EXCEPT AS PROVIDED IN
8 SUBSECTION (4) OF THIS SECTION, AN INSURANCE COMPLIANCE
9 SELF-EVALUATION DOCUMENT IS PRIVILEGED INFORMATION AND IS NOT
10 DISCOVERABLE OR ADMISSIBLE AS EVIDENCE IN ANY CIVIL, CRIMINAL, OR
11 ADMINISTRATIVE LAW PROCEEDING. THE PRIVILEGE CREATED HEREIN IS A
12 MATTER OF SUBSTANTIVE LAW OF THIS STATE AND IS NOT MERELY A
13 PROCEDURAL MATTER GOVERNING CIVIL OR CRIMINAL PROCEDURES IN THE
14 COURTS OF COLORADO.
15 (b) IF ANY COMPANY, PERSON, OR ENTITY PERFORMS OR DIRECTS
16 THE PERFORMANCE OF A VOLUNTARY INSURANCE COMPLIANCE
17 SELF-EVALUATION, AN OFFICER, EMPLOYEE, OR AGENT INVOLVED WITH
18 THE VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION OR ANY
19 CONSULTANT WHO IS HIRED FOR THE PURPOSE OF PERFORMING THE
20 VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION MAY NOT BE
21 EXAMINED IN ANY CIVIL, CRIMINAL, OR ADMINISTRATIVE PROCEEDING AS
22 TO THE VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION OR ANY
23 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT.
24 (c) A COMPANY MAY VOLUNTARILY SUBMIT, IN CONNECTION WITH
25 EXAMINATIONS UNDER PART 11 OF ARTICLE 3 OF TITLE 10, C.R.S., AN
26 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT TO THE
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1 COMMISSIONER AS A CONFIDENTIAL DOCUMENT WITHOUT WAIVING THE
2 PRIVILEGE SET FORTH IN THIS SECTION TO WHICH THE COMPANY WOULD
3 OTHERWISE BE ENTITLED. THE COMMISSIONER SHALL NOT TRANSMIT OR
4 PROVIDE ACCESS TO CONFIDENTIAL DOCUMENTS FILED PURSUANT TO THIS
5 SECTION TO THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS
6 OR MAKE THIS FILING AVAILABLE TO THE PUBLIC.
7 (d) (I) A COMPANY'S INSURANCE COMPLIANCE SELF-EVALUATION
8 DOCUMENT SUBMITTED TO THE COMMISSIONER SHALL BE SUBJECT TO THE
9 PRIVILEGE GRANTED IN SECTION 13-90-107 (1) (j) OR TO ALL OTHER
10 STATUTORY OR COMMON LAW PRIVILEGES INCLUDING, BUT NOT LIMITED
11 TO, THE WORK PRODUCT DOCTRINE, ATTORNEY-CLIENT PRIVILEGE, OR THE
12 SUBSEQUENT REMEDIAL MEASURES EXCLUSION.
13 (II) ANY COMPLIANCE SELF-EVALUATION DOCUMENT SUBMITTED
14 PURSUANT TO THIS PARAGRAPH (d) AND IN THE POSSESSION OF THE
15 COMMISSIONER SHALL REMAIN THE PROPERTY OF THE COMPANY AND
16 SHALL BE EXEMPT FROM THE OPEN RECORDS LAW PURSUANT ARTICLE 72
17 OF TITLE 24, C.R.S.
18 (e) DISCLOSURE OF AN INSURANCE COMPLIANCE SELF-EVALUATION
19 DOCUMENT TO A GOVERNMENT AGENCY, WHETHER VOLUNTARY OR
20 PURSUANT TO COMPULSION OF LAW, SHALL NOT CONSTITUTE A WAIVER OF
21 THE PRIVILEGE SET FORTH IN THIS SECTION WITH RESPECT TO ANY OTHER
22 PERSONS OR ANY OTHER GOVERNMENTAL AGENCY.
23 (4) (a) THE PRIVILEGE SET FORTH IN SUBSECTION (3) OF THIS
24 SECTION DOES NOT APPLY TO THE EXTENT THAT IT IS EXPRESSLY WAIVED
25 BY THE COMPANY THAT PREPARED OR CAUSED PREPARATION OF THE
26 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT.
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1 (b) IN A CIVIL OR ADMINISTRATIVE PROCEEDING, A COURT OF
2 RECORD MAY, AFTER AN IN CAMERA REVIEW, REQUIRE DISCLOSURE OF
3 MATERIAL FOR WHICH THE PRIVILEGE SET FORTH IN SUBSECTION (3) OF
4 THIS SECTION IS ASSERTED, IF THE COURT DETERMINES ONE OF THE
5 FOLLOWING:
6 (I) THE PRIVILEGE IS ASSERTED FOR A FRAUDULENT PURPOSE; OR
7 (II) THE MATERIAL IS NOT SUBJECT TO THE PRIVILEGE.
8 (c) IN A CRIMINAL PROCEEDING, A COURT OF RECORD MAY, AFTER
9 AN IN CAMERA REVIEW, REQUIRE DISCLOSURE OF MATERIAL FOR WHICH
10 THE PRIVILEGE IS ASSERTED, IF THE COURT DETERMINES ONE OF THE
11 FOLLOWING:
12 (I) THE PRIVILEGE IS ASSERTED FOR A FRAUDULENT PURPOSE;
13 (II) THE MATERIAL IS NOT SUBJECT TO THE PRIVILEGE; OR
14 (III) THE MATERIAL CONTAINS EVIDENCE RELEVANT TO THE
15 COMMISSION OF A CRIMINAL OFFENSE PURSUANT TO TITLE 18, C.R.S., AND
16 ALL THREE OF THE FOLLOWING FACTORS ARE PRESENT:
17 (A) THE COMMISSIONER, DISTRICT ATTORNEY, OR ATTORNEY
18 GENERAL HAS A COMPELLING NEED FOR THE INFORMATION;
19 (B) THE INFORMATION IS OTHERWISE UNAVAILABLE; AND
20 (C) THE COMMISSIONER, DISTRICT ATTORNEY, OR ATTORNEY
21 GENERAL IS UNABLE TO OBTAIN THE SUBSTANTIAL EQUIVALENT OF THE
22 INFORMATION BY ANY OTHER MEANS WITHOUT INCURRING UNREASONABLE
23 COST AND DELAY.
24 (5) (a) WITHIN THIRTY DAYS AFTER THE COMMISSIONER, DISTRICT
25 ATTORNEY, OR ATTORNEY GENERAL SERVES ON A COMPANY A WRITTEN
26 REQUEST BY CERTIFIED MAIL FOR DISCLOSURE OF AN INSURANCE
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1 COMPLIANCE SELF-EVALUATION DOCUMENT UNDER THIS SECTION, THE
2 COMPANY THAT PREPARED OR CAUSED PREPARATION MAY FILE WITH THE
3 COURT OF RECORD A PETITION REQUESTING AN IN CAMERA REVIEW OF
4 WHETHER THE INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT OR
5 PORTIONS OF THE DOCUMENT ARE PRIVILEGED UNDER THIS SECTION OR ARE
6 SUBJECT TO DISCLOSURE. THE COURT HAS JURISDICTION OVER A PETITION
7 FILED BY A COMPANY UNDER THIS SUBSECTION (5) REQUESTING AN IN
8 CAMERA REVIEW OF WHETHER THE INSURANCE COMPLIANCE
9 SELF-EVALUATION DOCUMENT OR PORTIONS OF THE DOCUMENT ARE
10 PRIVILEGED OR SUBJECT TO DISCLOSURE. FAILURE BY THE COMPANY TO
11 FILE A PETITION WAIVES THE PRIVILEGE FOR THIS REQUEST ONLY.
12 (b) A COMPANY ASSERTING THE INSURANCE COMPLIANCE
13 SELF-EVALUATION DOCUMENT PRIVILEGE IN RESPONSE TO A REQUEST FOR
14 DISCLOSURE UNDER THIS SUBSECTION (5) SHALL, AT THE TIME OF FILING
15 THE OBJECTION TO PRODUCTION, PROVIDE TO THE COMMISSIONER, DISTRICT
16 ATTORNEY, OR ATTORNEY GENERAL:
17 (I) THE DATE OF THE INSURANCE COMPLIANCE SELF-EVALUATION
18 DOCUMENT;
19 (II) THE IDENTITY OF THE ENTITY CONDUCTING THE VOLUNTARY
20 INSURANCE COMPLIANCE SELF-EVALUATION;
21 (III) THE GENERAL NATURE OF THE ACTIVITIES COVERED BY THE
22 VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION; AND
23 (IV) AN IDENTIFICATION OF THE PORTIONS OF THE INSURANCE
24 COMPLIANCE SELF-EVALUATION DOCUMENT FOR WHICH THE PRIVILEGE IS
25 ASSERTED.
26 (c) UPON FILING A PETITION UNDER THIS SUBSECTION (5), THE
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1 COURT SHALL ISSUE AN ORDER SCHEDULING, WITHIN FORTY-FIVE DAYS
2 AFTER THE FILING OF THE PETITION, OF AN IN CAMERA REVIEW TO
3 DETERMINE WHETHER THE INSURANCE COMPLIANCE SELF-EVALUATION
4 DOCUMENT OR PORTIONS OF THE DOCUMENT ARE PRIVILEGED UNDER THIS
5 SECTION OR SUBJECT TO DISCLOSURE.
6 (d) THE COURT, AFTER AN IN CAMERA REVIEW, MAY REQUIRE
7 DISCLOSURE OF AN INSURANCE COMPLIANCE SELF-EVALUATION
8 DOCUMENT OR PORTIONS THEREOF BASED UPON ITS IN CAMERA REVIEW
9 THAT ANY ONE OF THE CONDITIONS SET FORTH IN PARAGRAPH (b) OR (c) OF
10 SUBSECTION (4) OF THIS SECTION WERE MET. UPON MAKING SUCH A
11 DETERMINATION, THE COURT MAY ONLY COMPEL THE DISCLOSURE OF THE
12 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT OR PORTIONS
13 THEREOF RELEVANT TO ISSUES IN DISPUTE IN THE UNDERLYING
14 PROCEEDING. ANY COMPELLED DISCLOSURE WILL NOT BE CONSIDERED TO
15 BE A PUBLIC DOCUMENT OR BE DEEMED TO BE A WAIVER OF THE PRIVILEGE
16 FOR ANY OTHER CIVIL, CRIMINAL, OR ADMINISTRATIVE PROCEEDING. A
17 PARTY UNSUCCESSFULLY OPPOSING DISCLOSURE MAY APPLY TO THE
18 COURT FOR AN APPROPRIATE ORDER PROTECTING THE DOCUMENT FROM
19 FURTHER DISCLOSURE.
20 (e) A COMPANY ASSERTING THE INSURANCE COMPLIANCE
21 SELF-EVALUATION PRIVILEGE AS SET FORTH IN SUBSECTION (3) OF THIS
22 SECTION HAS THE BURDEN OF DEMONSTRATING THE APPLICABLE PRIVILEGE
23 BY A PREPONDERANCE OF THE EVIDENCE. ONCE A COMPANY HAS
24 ESTABLISHED THE APPLICABILITY OF THE PRIVILEGE, THE PARTY SEEKING
25 DISCLOSURE UNDER SUBSECTION (4) OF THIS SECTION FOR A CIVIL MATTER
26 HAS THE BURDEN OF PROVING WITH CLEAR AND CONVINCING EVIDENCE
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1 THAT THE PRIVILEGE IS ASSERTED FOR A FRAUDULENT PURPOSE. THE
2 COMMISSIONER, DISTRICT ATTORNEY, OR ATTORNEY GENERAL SEEKING
3 DISCLOSURE UNDER SUBSECTION (4) OF THIS SECTION FOR A POTENTIAL
4 CRIMINAL MATTER HAS THE BURDEN OF PROVING THE ELEMENTS SET FORTH
5 IN PARAGRAPH (c) of SUBSECTION (4) OF THIS SECTION.
6 (6) THE PARTIES MAY AT ANY TIME STIPULATE IN A PROCEEDING,
7 UNDER SUBSECTION (3), (4), OR (5) OF THIS SECTION, TO THE ENTRY OF AN
8 ORDER DIRECTING THAT SPECIFIC INFORMATION CONTAINED IN AN
9 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT IS OR IS NOT
10 SUBJECT TO PRIVILEGE PROVIDED UNDER SUBSECTION (3) OF THIS SECTION.
11 ANY SUCH STIPULATION MAY BE LIMITED TO THE INSTANT PROCEEDING,
12 AND, ABSENT SPECIFIC LANGUAGE TO THE CONTRARY, SHALL NOT BE
13 APPLICABLE TO ANY OTHER PROCEEDING.
14 (7) THE PRIVILEGE SET FORTH IN SUBSECTION (3) OF THIS SECTION
15 SHALL NOT EXTEND TO ANY OF THE FOLLOWING:
16 (a) DOCUMENTS, COMMUNICATIONS, DATA, REPORTS, OR OTHER
17 INFORMATION EXPRESSLY REQUIRED TO BE COLLECTED, DEVELOPED,
18 MAINTAINED, OR REPORTED TO THE DIVISION OR UNDER OTHER FEDERAL
19 OR STATE LAW;
20 (b) INFORMATION OBTAINED BY OBSERVATION OR MONITORING BY
21 ANY REGULATORY AGENCY; OR
22 (c) INFORMATION OBTAINED FROM A SOURCE INDEPENDENT OF THE
23 INSURANCE COMPLIANCE VOLUNTARY INSURANCE COMPLIANCE
24 SELF-EVALUATION.
25 (8) NOTHING IN THIS SECTION, NOR THE RELEASE OF ANY
26 INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT, SHALL LIMIT,
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1 WAIVE, OR ABROGATE THE SCOPE OR NATURE OF ANY STATUTORY OR
2 COMMON LAW PRIVILEGE INCLUDING, BUT NOT LIMITED TO, THE WORK
3 PRODUCT DOCTRINE, THE ATTORNEY-CLIENT PRIVILEGE, OR THE
4 SUBSEQUENT REMEDIAL MEASURES EXCLUSION.
5 SECTION 2. 13-90-107 (1) (j), Colorado Revised Statutes, is
6 amended to read:
7 13-90-107. Who may not testify without consent. (1) There are
8 particular relations in which it is the policy of the law to encourage
9 confidence and to preserve it inviolate; therefore, a person shall not be
10 examined as a witness in the following cases:
11 (j) (I) (A) If any person or entity performs a voluntary
12 self-evaluation, the person, any officer or employee of the entity or
13 person involved with the voluntary self-evaluation, if a specific
14 responsibility of such employee was the performance of or participation
15 in the voluntary self-evaluation or the preparation of the environmental
16 audit report, or any consultant who is hired for the purpose of performing
17 the voluntary self-evaluation for the person or entity may not be
18 examined as to the voluntary self-evaluation or environmental audit
19 report without the consent of the person or entity, or unless ordered to do
20 so by any court of record, or, pursuant to section 24-4-105, C.R.S., by an
21 administrative law judge. For the purposes of this paragraph (j),
22 "voluntary self-evaluation", and "environmental audit report",
23 "VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATION", AND
24 "INSURANCE COMPLIANCE SELF-EVALUATION DOCUMENT" have the
25 meanings provided for the terms in section SECTIONS 13-25-126.5 (2)
26 AND 13-25-126.7 (2).
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1 (B) This paragraph (j) does not apply if the voluntary
2 self-evaluation is subject to an exception allowing admission into
3 evidence or discovery pursuant to the provisions of section 13-25-126.5
4 (3) or (4) OR SECTION 13-25-126.7 (4), (5), (6), OR (7).
5 (II) This paragraph (j) applies only to voluntary self-evaluations
6 AS DEFINED IN SECTION 13-25-126.5 that are performed during the period
7 beginning June 1, 1994, and ending June 30, 1999. THIS PARAGRAPH (j)
8 APPLIES TO VOLUNTARY INSURANCE COMPLIANCE SELF-EVALUATIONS AS
9 PROVIDED IN SECTION 13-25-126.7 (2) (f), PERFORMED ON OR AFTER JULY
10 1, 1999.
11 SECTION 3. Effective date - applicability. This act shall take
12 effect July 1, 1999, and shall apply to voluntary insurance compliance
13 self-evaluations completed on or after said date.
14 SECTION 4. Safety clause. The general assembly hereby finds,
15 determines, and declares that this act is necessary for the immediate
16 preservation of the public peace, health, and safety.