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Senate Study Bill 1183

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  522A.1  PURPOSE.
  1  2    The purpose of this chapter is to provide for the limited
  1  3 licensing of rental companies when a motor vehicle rental
  1  4 company sells travel or automobile-related insurance products
  1  5 or coverage in connection with and incidental to the rental of
  1  6 vehicles.
  1  7    Sec. 2.  NEW SECTION.  522A.2  DEFINITIONS.
  1  8    As used in this chapter, unless the context otherwise
  1  9 requires:
  1 10    1.  "Commissioner" means the commissioner of insurance
  1 11 appointed pursuant to section 505.2.
  1 12    2.  "Limited licensee" means a person at least eighteen
  1 13 years of age or an entity authorized to sell certain insurance
  1 14 coverages relating to the rental of vehicles.
  1 15    3.  "Rental agreement" means any written agreement setting
  1 16 forth the terms and conditions governing the use of a vehicle
  1 17 provided by a rental company for rental.
  1 18    4.  "Rental company" means any person or entity in the
  1 19 business of primarily providing vehicles intended for the
  1 20 private transportation of passengers to the public under a
  1 21 rental agreement for a period not to exceed ninety days.
  1 22    5.  "Rental period" means the term of the rental agreement.
  1 23    6.  "Renter" means any person obtaining the use of a
  1 24 vehicle from a rental company under the terms of a rental
  1 25 agreement for a period not to exceed ninety days.
  1 26    7.  "Vehicle" means a motor vehicle under section 321.1
  1 27 used for the private transportation of passengers, including
  1 28 passenger vans, minivans, and sport utility vehicles, or used
  1 29 for the transportation of cargo with a gross vehicle weight of
  1 30 less than twenty-six thousand one pounds and not requiring the
  1 31 operator to possess a commercial driver's license, including
  1 32 cargo vans, pickup trucks, and trucks.
  1 33    Sec. 3.  NEW SECTION.  522A.3  LIMITED LICENSES.
  1 34    1.  Notwithstanding the provisions of chapter 522, the
  1 35 commissioner may issue a limited license to a rental company
  2  1 that has complied with the requirements of this chapter.  The
  2  2 limited license shall authorize the limited licensee to offer
  2  3 or sell insurance with the rental of vehicles.
  2  4    2.  As a prerequisite for issuance of a limited license
  2  5 under this section, a written application for a limited
  2  6 license, which is signed by an officer of the applicant, shall
  2  7 be filed with the commissioner.  The application shall be in a
  2  8 form and contain information prescribed by the commissioner.
  2  9 The application shall include a list of all rental locations
  2 10 where the rental company intends to conduct business.  An
  2 11 updated list shall be provided to the commissioner by January
  2 12 1 of each year.
  2 13    3.  If a provision of this section is violated by a limited
  2 14 licensee, the commissioner may, after notice and a hearing,
  2 15 revoke or suspend a limited license issued under this section,
  2 16 or impose any other penalties, including suspending permission
  2 17 for the transaction of insurance offers or sales at specific
  2 18 rental locations where violations of this section have
  2 19 occurred, as the commissioner deems to be necessary or
  2 20 convenient to carry out the purposes of this section.
  2 21    4.  A rental company licensed pursuant to this section may
  2 22 offer or sell insurance issued by an insurance carrier
  2 23 authorized to do business in this state and only in connection
  2 24 with and incidental to the rental of a vehicle.  A renter
  2 25 shall not be required to purchase coverage in order to rent a
  2 26 vehicle.  The type of insurance offered or sold by a limited
  2 27 licensee, whether at the rental office or by preselection of
  2 28 coverage in a master, corporate, group rental, or individual
  2 29 agreement, may be in any of the following general categories:
  2 30    a.  Personal accident insurance covering the risks of
  2 31 travel, including, but not limited to, accident and health
  2 32 insurance that provides coverage, as applicable, to a renter
  2 33 and other rental vehicle occupants for accidental death or
  2 34 dismemberment and reimbursement for medical expenses resulting
  2 35 from an accident that occurs during the rental period.
  3  1    b.  Liability insurance that provides coverage, as
  3  2 applicable, to a renter and other authorized drivers of rental
  3  3 vehicles for liability arising from the operation of the
  3  4 rental vehicle.
  3  5    c.  Personal effects insurance that provides coverage, as
  3  6 applicable, to a renter and other vehicle occupants for the
  3  7 loss of, or damage to, personal effects that occurs during the
  3  8 rental period.
  3  9    d.  Roadside assistance and emergency sickness protection
  3 10 programs applicable during the rental period.
  3 11    e.  Any other travel or automobile-related coverage which
  3 12 is connected with and incidental to the rental of a vehicle,
  3 13 upon prior approval of the commissioner.
  3 14    5.  Insurance shall only be issued by a limited licensee
  3 15 pursuant to this section if all of the following apply:
  3 16    a.  The rental period of the rental agreement does not
  3 17 exceed ninety consecutive days.
  3 18    b.  At every rental location where a rental agreement is
  3 19 executed, brochures or other written materials are readily
  3 20 available to a prospective renter that include all of the
  3 21 following information:
  3 22    (1)  A clear and correct summary of the material terms of
  3 23 coverage offered to renters, including the identity of the
  3 24 insurer.
  3 25    (2)  A disclosure that the coverage offered by the rental
  3 26 company may provide a duplication of coverage already provided
  3 27 by a renter's personal automobile insurance policy,
  3 28 homeowner's insurance policy, personal liability insurance
  3 29 policy, or other source of coverage.
  3 30    (3)  A statement that the purchase by a renter of the types
  3 31 of coverage specified in this section is not required in order
  3 32 to rent a vehicle.
  3 33    (4)  A description of the process for filing a claim in the
  3 34 event a renter elects to purchase coverage and in the event of
  3 35 a claim.
  4  1    c.  Evidence of coverage in the rental agreement is
  4  2 provided to every renter who elects to purchase such coverage.
  4  3    6.  Any limited license issued under this section shall
  4  4 authorize a trained full-time employee of the limited licensee
  4  5 to act individually on behalf, and under the supervision, of
  4  6 the limited licensee with respect to the offer and sale of
  4  7 coverage specified in this section.  Trained full-time
  4  8 employees shall be at least eighteen years of age.
  4  9    7.  A rental company licensed pursuant to this section
  4 10 shall conduct a training program, a description of which shall
  4 11 be filed with the commissioner, in which each full-time
  4 12 employee being trained shall receive basic instruction about
  4 13 the types of coverage specified in this section and offered
  4 14 for purchase by prospective renters of rental vehicles prior
  4 15 to any sales activity by such full-time employees.  A rental
  4 16 company shall certify any full-time employees who have
  4 17 completed such a training program and a list of these
  4 18 certifications shall be provided to the commissioner by
  4 19 January 1 and July 1 of each year.
  4 20    8.  A limited licensee pursuant to this section shall not
  4 21 be required to treat moneys collected from renters purchasing
  4 22 insurance when renting vehicles as moneys received in a
  4 23 fiduciary capacity, provided that the charges for coverage are
  4 24 itemized and are ancillary to a rental agreement.  The offer
  4 25 or sale of insurance not in conjunction with a rental
  4 26 agreement shall not be permitted.
  4 27    9.  A limited licensee under this section shall not
  4 28 advertise, represent, or otherwise hold itself out or hold any
  4 29 of its employees out as licensed insurers, insurance agents,
  4 30 or insurance brokers.
  4 31    10.  A rental company licensed pursuant to this section
  4 32 shall maintain a list of the names of trained and certified
  4 33 full-time employees offering the insurance products described
  4 34 in subsection 4 and the date on which the training required
  4 35 under subsection 7 was completed.  The list, together with
  5  1 paper or computer records reflecting sales of the insurance
  5  2 products sold by each trained full-time employee, shall be
  5  3 made available to the commissioner upon request.
  5  4    11.  A limited licensee shall not engage in this state in
  5  5 any of the following:
  5  6    a.  A trade practice defined in chapter 507B as, or
  5  7 determined pursuant to section 507B.6 to be, an unfair method
  5  8 of competition or an unfair or deceptive act or practice in
  5  9 the business of insurance.
  5 10    b.  An illegal sales practice or unfair trade practice as
  5 11 defined in rules adopted pursuant to chapter 17A by the
  5 12 commissioner.
  5 13    Sec. 4.  NEW SECTION.  552A.4  TERM OF LIMITED LICENSE.
  5 14    A limited license issued pursuant to this chapter is valid
  5 15 for three years.
  5 16    Sec. 5.  NEW SECTION.  522A.5  FEES.
  5 17    The fee for a limited license and renewal of a limited
  5 18 license is fifty dollars.
  5 19    Sec. 6.  NEW SECTION.  552A.6  RULES.
  5 20    The commissioner shall adopt rules necessary for the
  5 21 administration of this chapter.  
  5 22                           EXPLANATION
  5 23    This bill creates new Code chapter 522A, which provides for
  5 24 the limited licensure of vehicle rental companies that offer
  5 25 and sell certain types of insurance with the rental of
  5 26 vehicles.
  5 27    The bill provides that a signed, written application must
  5 28 be filed with the commissioner of insurance.  The bill
  5 29 provides that, among other things, the application shall list
  5 30 all rental locations of the applicant.  The bill provides that
  5 31 the commissioner may revoke or suspend a limited license or
  5 32 impose other penalties as the commissioner deems necessary for
  5 33 a violation of the provisions of new Code chapter 522A.
  5 34    The bill provides that a limited licensee may offer or sell
  5 35 insurance issued by an insurance carrier authorized to do
  6  1 business in this state and only in connection with and
  6  2 incidental to the rental of a vehicle.  The bill provides that
  6  3 a limited licensee may offer or sell certain personal accident
  6  4 insurance, certain liability insurance, certain personal
  6  5 effects insurance, roadside assistance and emergency sickness
  6  6 protection programs, and any other travel or automobile-
  6  7 related coverage approved by the commissioner.
  6  8    The bill provides that a limited license shall only be
  6  9 issued if the rental period does not exceed 90 days, certain
  6 10 information is provided and disclosed to prospective renters,
  6 11 and evidence of coverage in the rental agreement is disclosed
  6 12 to every renter who elects to purchase such coverage.
  6 13    The bill provides that a trained full-time employee of the
  6 14 limited licensee is authorized to offer and sell coverage on
  6 15 behalf of the limited licensee.  The bill provides that a
  6 16 trained full-time employee must complete a training program
  6 17 conducted by the limited licensee and the limited licensee
  6 18 must file with the commissioner a list of all employees that
  6 19 have completed the training.
  6 20    The bill provides that a limited licensee shall not be
  6 21 required to treat moneys collected from renters purchasing
  6 22 insurance when renting vehicles as moneys received in a
  6 23 fiduciary capacity.
  6 24    The bill prohibits a limited licensee or a trained full-
  6 25 time employee from advertising, representing, or otherwise
  6 26 holding themselves out as a licensed insurer, insurance agent,
  6 27 or insurance broker.
  6 28    The bill requires limited licensees to maintain certain
  6 29 records regarding trained full-time employees and sales
  6 30 records.  The bill prohibits illegal sales practices as
  6 31 defined in the Code and the administrative code.
  6 32    The bill provides that a limited license issued under new
  6 33 Code chapter 522A shall be for a term of three years and cost
  6 34 $50.  
  6 35 LSB 3002SC 78
  7  1 tm/jw/5
     

Text: SSB01182                          Text: SSB01184
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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