Summary:

 Senate Bill 36 (SB 36) enacts the Nondisclosure of Sensitive Personal Information Act which prohibits the disclosure of sensitive personal information by state agency employees, and provides for civil penalties.  

Legislation Overview:

 Senate Bill 36 (SB 36) enacts the Nondisclosure of Sensitive Personal Information Act (Act).  The Act prohibits a state agency employee from intentionally disclosing “sensitive personal information” to anyone outside of the agency, with some exceptions.  “Sensitive personal information” means an individual’s status as receiving public assistance, status as a crime victim, sexual orientation, gender identity, physical/mental disability, medical condition, immigration status, national origin, religion, and social security number/tax identification number. 
The following are the exceptions to this prohibition: when disclosure is necessary to carry out a function of the agency, to comply with a court order/subpoena, made to a court in the course of a judicial proceeding, required by IPRA, required by federal statute, made to a state contractor who agrees not to re-disclose it, made pursuant to the Whistleblower Protection Act, permitted by HIPAA or made with the written consent of the person.
The attorney general, a district attorney, and the State Ethics Commission may bring civil charges for violations of the Act. Each violation incurs a civil penalty of $250, not to exceed $5,000.  
SB 36 is effective July 1, 2025.  

Amendments:

 On February 17, 2025, the Senate Judiciary Committee amended SB 36/a by replacing references to “federal immigration laws” with “the federal Immigration and Nationality Act, except felony criminal provisions of that act.” It also adds a provision that if the director of the Motor Vehicle Division determines that a nongovernmental entity used or disclosed records to enforce the federal Immigration and Nationality Act (other than felony criminal provisions), the director may revoke that entity’s access to information.  

On February 6, 2025, the Senate Tax, Business and Transportation Committee amended SB 36 by clarifying when a state agency can disclose sensitive personal information in the course of a judicial proceeding.  The amendment provides that such disclosure is allowed when made to or by a court or administrative tribunal in the course of a judicial or administrative proceeding or made in a court or administrative tribunal record.