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CS/CS/SB 1320 — Public Records/Office of Financial Regulation

by Governmental Oversight and Accountability Committee; Banking and Insurance Committee; and Senator Richter

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill creates a public records exemption for certain information held by the Office of Financial Regulation (OFR) relating to family trust companies, licensed family trust companies, and foreign licensed family trust companies. Linked bill CS/CS/SB 1238 authorizes families to form and operate any of these three family trust companies, subject to regulatory requirements. A family trust company is an entity which provides trust services similar to those that can be provided by an individual or financial institution. This includes serving as a trustee of trusts held for the benefit of the family members as well as providing other fiduciary, investment advisory, wealth management, and administrative services to the family. A family trust company must be owned exclusively by family members and may not provide fiduciary services to the public. 

This bill provides that the following records relating to family trust companies, licensed family trust companies, and foreign licensed family trust companies held by the OFR are confidential and exempt from public disclosure: 

  • Personal identifying information appearing in records relating to a registration, an application, or an annual certification.
  • Personal identifying information appearing in records relating to an examination.
  • Personal identifying information appearing in reports of examinations, operations, or conditions.
  • Any portion of a list of names of the shareholders or members.
  • Information received from a person from another state or nation or the federal government which is otherwise confidential.
  • An emergency cease and desist order until it is made permanent or unless the public is at substantial risk of financial loss. 

The bill creates a third degree felony for willfully disclosing information made confidential and exempt by this bill. 

The bill provides for repeal of the exemption on October 2, 2019, unless reviewed and saved from repeal by the Legislature pursuant to the Open Government Sunset Review Act. As this bill creates a new public records exemption, the bill also provides a statement of public necessity as required by the State Constitution.

If approved by the Governor, these provisions take effect the day that CS/CS/SB 1238 takes effect and becomes law.

Vote: Senate 36-1; House 113-0