COMMITTEE ON FINANCIAL INSTITUTIONS AND INSURANCE

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1 COMMITTEE ON FINANCIAL INSTITUTIONS AND INSURANCE Representative Ted Carpenter, Committee Chairman Melissa Taylor, Legislative Research Analyst * Strike-everything Amendment [E] Emergency Clause [P 108] Proposition 108 Clause Bill Chapter Short Title Page HB [E] state employee self-insurance; repeal mandate HB *adverse underwriting decisions; credit history HB mortgage guaranty insurance HB credit unions HB insurers; continuing education; extension HB vehicles; uninsured coverage; limits; notice HB captive insurers HB long-term care insurance HB insurance holding company systems HB *vehicle claims; lienholders; notice HB Arizona corporation commission; investment management HB securities sales; Arizona corporation commission HB health care insurer; coverage; reporting HB life insurance; annuities; replacement HB *towed vehicle retrieval; insurance companies HB escrow agents; deposit forms HB credit life; disability reinsurers; reserves SB ASRS; investment management; requirement SB insurance policy; grounds for cancellation SB residential property insurance; prohibited acts SB revised uniform trust code

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3 HB Chapter 2 [E] - state employee self-insurance; repeal mandate Eliminates the requirement that the state self-insure by October 1, The bill also provides that the state may continue to seek a variety of insurance plans and may selfinsure upon the review of the Joint Legislative Budget Committee. HB Chapter adverse underwriting decisions; credit history Requires insurance companies to provide the four factors that were the primary causes of an adverse underwriting action. The bill also identifies certain types of credit history that may not be used for the calculation of an insurance score for underwriting purposes as follows: Absence of credit history or the inability to determine a consumer s credit history unless it is actuarially justified. Credit history or insurance scores based on collection accounts identified with a medical industry code. A bankruptcy or lien satisfaction that is more than seven years old. The use of a particular type of credit card, charge card or debit card unless it is actuarially justified. The total available line of credit, except that an insurer may consider the total amount of outstanding debt. An insurance score that uses income, gender, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor. The bill clarifies that this provision does not prohibit an insurer from using zip code, address, gender and marital status information for underwriting purposes. HB 2148 Chapter 28 mortgage guaranty insurance Conforms the file and use process for mortgage guaranty insurance with those for other insurance products under the competitive ratings law. Eliminates mortgage guaranty insurance as being exempt from the filing requirements delineated in A.R.S Removes archaic statutory timelines for mortgage guaranty insurance established in A.R.S and refers to the uniform rate form and approval process in A.R.S Mortgage guaranty insurance rates shall be filed with the director for use in this state within 30 days and will take effect within 30 days if not disapproved. HB 2149 Chapter 110 credit unions Requires credit unions be examined at least once every 24-month period (similar to state-chartered banks, savings and loans). The bill allows the board of directors to be the initial actor on loans to officials of the credit union of at least $20,000 (in aggregate) or greater as determined by the State Superintendent of Banking. Corporate credit unions may provide payment systems and correspondent services to its members, nonmember credit unions or other corporate credit unions and credit union organizations

4 and associations. The measure also provides insured state-chartered credit unions with the same rights, powers, privileges, exemptions and immunities as any credit union chartered under the laws of the United States. HB 2150 Chapter 216 insurers; continuing education Extends the delayed repeal date for the continued education requirement for nonresident producers through June 30, HB 2151 Chapter 86 vehicles; uninsured coverage; limits; notice Eliminates the requirement of insurers to complete the Uninsured and Underinsured (UM/UIM) selection of limits or rejection of coverage form when an insured purchases UM/UIM coverage that is equal to the liability limits contained in their automobile policy. HB 2152 Chapter 242 captive insurers Modifies Arizona s captive insurance laws to permit the formation of protected cell, group and agency captive insurers and establishes the formation and financial requirements for these forms of captives. The bill also establishes a captive insurance fund consisting of collected fees to support the administration of the captive insurance program. Unencumbered monies in the fund exceeding $100,000 will revert to the General Fund and the department will not receive an appropriation for the captive program for any fiscal year that the department had at least 25 captive insurers holding an active certificate of authority. HB Chapter long-term care insurance Makes changes to Arizona s long term care laws in relation to the approval and disapproval of rates, terms and conditions of coverage, rulemaking authority for eligibility, renewability, premium adequacy, as well as reflect the federal laws providing federal tax qualified benefits. The bill requires insurers to provide consumers with an option to purchase nonforfeiture benefits (which provides the insured some benefit options if they stop paying premiums). Should the consumer reject the nonforfeiture benefit, insurers must provide a contingent benefit on lapse of coverage that will be available for a specified period of time if an insured experiences a substantial increase in premiums. The Department of Insurance must promote premium adequacy and protect policyholders in the event of substantial rate increases. HB Chapter insurance holding company systems Makes conforming changes to the investment limitation provisions of Arizona s Holding Company Act to the National Association of Insurance Commissioners model law as follows. Excludes investments in domestic or foreign insurance subsidiaries and health care service organizations from the calculation of investments of insurance holding companies. Permits the investment of stock and other securities in subsidiaries that are engaged exclusively in the ownership and management of assets authorized as investments for the insurer. Eliminates the provision that requires the director s approval of investments referencing calculations that are no longer contained in the NAIC model.

5 HB Chapter *vehicle claims; lienholders; notice Requires an insured or claimant to provide information regarding the existence of a lien or encumbrance on a vehicle when making an insurance claim. HB 2156 does not apply for claims under $2,500 and does not apply to insurers that make claims payments payment to both the insured and claimant and all lienholders or vehicle lessors or to a repair facility. HB Chapter 29 - Arizona corporation commission; investment management Confirms that the Commission has the authority to conduct private or public investigations and to require nondisclosure (A.R.S ) of subpoenas issued in relation to an investigation. The bill also provides for an appointment of a conservator or receiver to handle the affairs of someone in violation of law. HB Chapter 30 - securities sales; Arizona corporation commission Specifies that financial institutions must not disclose the existence of a subpoena issued in connection to an investigation. The bill contains other enforcement provisions relating to the sale of securities. HB 2159 also amends the Arizona Securities Act to reflect the federal statute of limitations for securities fraud contained in the Sarbanes-Oxley Act of Specifically, the bill extends the statute of limitations for a civil action to be brought no later than the earlier of two years after the discovery of the facts constituting the violation or five years after a violation occurs. HB Chapter 55 - health care insurer; coverage; reporting Eliminates the repeal date of January 1, 2004 for the reporting requirement of insurers to provide information on Health Insurance Portability and Accountability Act (HIPAA) compliance. The bill includes the accounting for the number of HIPAA-eligible individuals covered by policies that were issued at the end of each previous calendar year. HB 2169 also eliminates the repeal date of ARS , retaining the ability for health insurers to apply for a suspension of obligation to provide guaranteed issuance of coverage. HB 2186 Chapter 224 life insurance; annuities; replacement HB 2186 adopts National Association of Insurance Commissioners (NAIC) model regulation relating to disclosure requirements for the sale of annuities. The bill also updates and codifies Arizona Administrative Code rules for replacement of life insurance policies to also include annuities. The legislation extends the free look provision for annuities contracts to 30 days for individuals 65 years and older. HB Chapter *towed vehicle retrieval; insurance companies HB 2267 requires a towing company, upon request and payment of fees, to release a towed vehicle to an insurance company representative if the representative produces the required identification. Specific required information includes the following: Name of the insurer. Name, address, telephone, and fax number of a representative of the insurer. Name of the insured and claimant. Claim number. Name of person the insurer authorizes release of the vehicle. Signature of authorized representative. The release may be delivered by fax, mail or hand delivery.

6 HB 2269 Chapter 226 escrow agents; deposit forms Establishes cashier s checks, certified checks or teller s checks as valid forms of deposit and not required to be governed by the Federal Expedited Funds Availability Act. The bill also specifies that checks made by an affiliate of a state or federally regulated depository institution where the check is drawn on that institution are valid forms of deposit. HB 2340 Chapter 81 credit life; disability reinsurers; reserves Allows credit life and disability reinsurers to apply an irrevocable and unconditional letter of credit towards the minimum reserve requirements as a condition of licensure. SB 1225 Chapter 63 ASRS; investment management; requirement Recognizes the Association for Investment Management and Research (AIMR), instead of the Institute of Chartered Financial Analysts (ICFA), as the association that administers the chartered financial analyst program. The bill specifies that the Association of Investment for Management and Research shall determine if a chartered financial analyst is in good standing for Arizona State Retirement System board membership. SB 1265 Chapter 120 insurance policy; grounds for cancellation Requires a homeowners insurance company to obtain information related to the property at the time an application for insurance coverage is made or before the issuance of a binder of insurance coverage. The bill specifies that failure to timely obtain the required information precludes the insurer from declining insurance coverage or terminating a binder of insurance coverage. In addition, the bill states that after 30 days from the application by an insured for insurance coverage, an insurance provider cannot decline or terminate insurance coverage based on information obtained from a consumer report, data bases maintained by an insurance support organization or consumer reporting agency. An insurer may decline or terminate insurance coverage based on the condition of the premises through a physical inspection. SB 1265 contains an effective date from and after December 31, SB 1266 Chapter 131 residential property insurance; prohibited acts Prohibits insurance companies from increasing homeowner s insurance premiums resulting from filed claims that are below the deductible without payment of claims being made, not exceeding $500 in the previous three years. SB 1351 Chapter 212 revised uniform trust code Codifies the Uniform Trust Code adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) which govern voluntary trusts. The bill specifies that the Code applies to express trusts, charitable or noncharitable trusts and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust.

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