Section 362.034

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 362

Effective - 28 Aug 2023   

  362.034.  Marijuana facilities, request for certain agencies to share information with banking institutions — procedure. — 1.  Any entity that operates as a facility licensed or certified under Article XIV of the Constitution of Missouri may request in writing that a state or local licensing authority or agency, including, but not limited to, the department of health and senior services or department of revenue, share the entity's application, license, or other regulatory and financial information with a banking institution.  A state or local licensing authority or agency may also share such information with the banking institution's state and federal supervisory agencies.

  2.  In order to ensure the state or local licensing authority or agency is properly maintaining the confidentiality of individualized data, information, or records, an entity shall include in the written request a waiver giving authorization for the transfer of the individualized data, information, or records and waiving any confidentiality or privilege that applies to that individualized data, information, or records.

  3.  This section shall only apply to the disclosure of information by a state or local licensing authority or agency reasonably necessary to facilitate the provision of financial services by a banking institution to the entity making a request pursuant to this section.

  4.  The recipient of any information pursuant to this section shall treat such information as confidential and use it only for the purposes described in this section.

  5.  Nothing in this section shall be construed to authorize the disclosure of confidential or privileged information, nor waive an entity's rights to assert confidentiality or privilege, except as reasonably necessary to facilitate the provision of financial services for the entity making the request.

  6.  An entity that has provided a waiver pursuant to this section may withdraw the waiver with thirty days' notice in writing.

  7.  Nothing in this section shall be construed to modify the requirements of chapter 610.

  8.  For purposes of this section, the following terms mean:

  (1)  "Banking institution", the same meaning as in Article IV, Section 15 of the Missouri Constitution;

  (2)  "Entity", the same meaning as in Article XIV of the Missouri Constitution.

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(L. 2023 S.B. 63 merged with S.B. 186)