Bill Text: OH HB430 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To regulate self-service storage facilities.
Spectrum: Slight Partisan Bill (Republican 10-4)
Status: (Passed) 2014-12-19 - Governor' Action [HB430 Detail]
Download: Ohio-2013-HB430-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To regulate self-service storage facilities.
Spectrum: Slight Partisan Bill (Republican 10-4)
Status: (Passed) 2014-12-19 - Governor' Action [HB430 Detail]
Download: Ohio-2013-HB430-Engrossed.html
|
|
Representatives Kunze, Stinziano
Cosponsors:
Representatives Hackett, Bishoff, Sears, Brown, Henne, Ruhl, Sprague Speaker Batchelder
Senators Bacon, Hughes, Patton, Sawyer
To amend sections 3905.01, 3905.06, and 3905.40 and | 1 |
to enact section 3905.063 of the Revised Code to | 2 |
regulate self-service storage facilities. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3905.01, 3905.06, and 3905.40 be | 4 |
amended and section 3905.063 of the Revised Code be enacted to | 5 |
read as follows: | 6 |
Sec. 3905.01. As used in this chapter: | 7 |
(A) "Affordable Care Act" means the "Patient Protection and | 8 |
Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011). | 9 |
(B) "Business entity" means a corporation, association, | 10 |
partnership, limited liability company, limited liability | 11 |
partnership, or other legal entity. | 12 |
(C) "Home state" means the state or territory of the United | 13 |
States, including the District of Columbia, in which an insurance | 14 |
agent maintains the insurance agent's principal place of residence | 15 |
or principal place of business and is licensed to act as an | 16 |
insurance agent. | 17 |
(D) "In-person assister" means any person, other than a | 18 |
navigator, who receives any funding from, or who is selected or | 19 |
designated by, an exchange, the state, or the federal government | 20 |
to perform any of the activities and duties identified in division | 21 |
(i) of section 1311 of the Affordable Care Act. "In-person | 22 |
assister" includes any individual that is employed by, supervised | 23 |
by, or affiliated with an in-person assister and performs any of | 24 |
the activities and duties identified in division (i) of section | 25 |
1311 of the Affordable Care Act, any non-navigator assistance | 26 |
personnel, and any other person deemed as such by rules adopted by | 27 |
the superintendent under division (L) of section 3905.471 of the | 28 |
Revised Code. | 29 |
(E) "Insurance" means any of the lines of authority set forth | 30 |
in Chapter 1739., 1751., or 1761. or Title XXXIX of the Revised | 31 |
Code, or as additionally determined by the superintendent of | 32 |
insurance. | 33 |
(F) "Insurance agent" or "agent" means any person that, in | 34 |
order to sell, solicit, or negotiate insurance, is required to be | 35 |
licensed under the laws of this state, including limited lines | 36 |
insurance agents and surplus line brokers. | 37 |
(G) "Insurer" has the same meaning as in section 3901.32 of | 38 |
the Revised Code. | 39 |
(H) "License" means the authority issued by the | 40 |
superintendent to a person to act as an insurance agent for the | 41 |
lines of authority specified, but that does not create any actual, | 42 |
apparent, or inherent authority in the person to represent or | 43 |
commit an insurer. | 44 |
(I) "Limited line credit insurance" means credit life, credit | 45 |
disability, credit property, credit unemployment, involuntary | 46 |
unemployment, mortgage life, mortgage guaranty, mortgage | 47 |
disability, guaranteed automobile protection insurance, or any | 48 |
other form of insurance offered in connection with an extension of | 49 |
credit that is limited to partially or wholly extinguishing that | 50 |
credit obligation and that is designated by the superintendent as | 51 |
limited line credit insurance. | 52 |
(J) "Limited line credit insurance agent" means a person that | 53 |
sells, solicits, or negotiates one or more forms of limited line | 54 |
credit insurance to individuals through a master, corporate, | 55 |
group, or individual policy. | 56 |
(K) "Limited lines insurance" means those lines of authority | 57 |
set forth in divisions (B)(7) to | 58 |
the Revised Code or in rules adopted by the superintendent, or any | 59 |
lines of authority the superintendent considers necessary to | 60 |
recognize for purposes of complying with section 3905.072 of the | 61 |
Revised Code. | 62 |
(L) "Limited lines insurance agent" means a person authorized | 63 |
by the superintendent to sell, solicit, or negotiate limited lines | 64 |
insurance. | 65 |
(M) "NAIC" means the national association of insurance | 66 |
commissioners. | 67 |
(N) "Insurance navigator" means a person selected to perform | 68 |
the activities and duties identified in division (i) of section | 69 |
1311 of the Affordable Care Act that is certified by the | 70 |
superintendent of insurance under section 3905.471 of the Revised | 71 |
Code. "Insurance navigator" refers to a navigator specified in | 72 |
section 1311 of the Affordable Care Act, 42 U.S.C. 13031. | 73 |
(O) "Negotiate" means to confer directly with, or offer | 74 |
advice directly to, a purchaser or prospective purchaser of a | 75 |
particular contract of insurance with respect to the substantive | 76 |
benefits, terms, or conditions of the contract, provided the | 77 |
person that is conferring or offering advice either sells | 78 |
insurance or obtains insurance from insurers for purchasers. | 79 |
(P) "Person" means an individual or a business entity. | 80 |
(Q) "Sell" means to exchange a contract of insurance by any | 81 |
means, for money or its equivalent, on behalf of an insurer. | 82 |
(R) "Self-service storage facility" means an entity that is | 83 |
engaged in the business of providing real property designed and | 84 |
used for the purpose of renting or leasing individual storage | 85 |
space to the public who are to have access to the space for the | 86 |
purpose of storing and removing personal property on a | 87 |
self-service basis, but does not include a garage or other storage | 88 |
area in a private residence. | 89 |
(S) "Solicit" means to attempt to sell insurance, or to ask | 90 |
or urge a person to apply for a particular kind of insurance from | 91 |
a particular insurer. | 92 |
| 93 |
means the superintendent of insurance of this state. | 94 |
| 95 |
an insurance agent and the insurer or to terminate an insurance | 96 |
agent's authority to transact insurance. | 97 |
| 98 |
application for resident and nonresident agent licensing, as | 99 |
amended by the NAIC from time to time. | 100 |
| 101 |
uniform business entity application for resident and nonresident | 102 |
business entities, as amended by the NAIC from time to time. | 103 |
| 104 |
by the state government of Ohio or an exchange established by the | 105 |
United States department of health and human services in | 106 |
accordance with the "Patient Protection and Affordable Care Act," | 107 |
124 Stat. 119, 42 U.S.C. 18031 (2011). | 108 |
Sec. 3905.06. (A)(1) The superintendent of insurance shall | 109 |
issue a resident insurance agent license to an individual | 110 |
applicant whose home state is Ohio upon submission of a completed | 111 |
application and payment of any applicable fee required under this | 112 |
chapter, if the superintendent finds all of the following: | 113 |
(a) The applicant is at least eighteen years of age. | 114 |
(b) The applicant has not committed any act that is a ground | 115 |
for the denial, suspension, or revocation of a license under | 116 |
section 3905.14 of the Revised Code. | 117 |
(c) If required under section 3905.04 of the Revised Code, | 118 |
the applicant has completed a program of insurance education for | 119 |
each line of authority for which the applicant has applied. | 120 |
(d) If required under section 3905.04 of the Revised Code, | 121 |
the applicant has passed an examination for each line of authority | 122 |
for which the applicant has applied. | 123 |
(e) Any applicant applying for variable life-variable annuity | 124 |
line of authority is registered with the financial industry | 125 |
regulatory authority (FINRA) as a registered representative after | 126 |
having passed at least one of the following examinations | 127 |
administered by the FINRA: the series 6 examination, the series 7 | 128 |
examination, the series 63 examination, the series 66 examination, | 129 |
or any other FINRA examination approved by the superintendent. | 130 |
(f) If required under section 3905.051 of the Revised Code, | 131 |
the applicant has consented to a criminal records check and the | 132 |
results of the applicant's criminal records check are determined | 133 |
to be satisfactory by the superintendent. | 134 |
(g) The applicant is a United States citizen or has provided | 135 |
proof of having legal authorization to work in the United States. | 136 |
(h) The applicant is of good reputation and character, is | 137 |
honest and trustworthy, and is otherwise suitable to be licensed. | 138 |
(2) The superintendent shall issue a resident insurance agent | 139 |
license to a business entity applicant upon submission of a | 140 |
completed application and payment of any applicable fees required | 141 |
under this chapter if the superintendent finds all of the | 142 |
following: | 143 |
(a) Except as provided under division (C)(2) of section | 144 |
3905.062 or division (C)(2) of section 3905.063 of the Revised | 145 |
Code, the applicant either is domiciled in Ohio or maintains its | 146 |
principal place of business in Ohio. | 147 |
(b) The applicant has designated a licensed insurance agent | 148 |
who will be responsible for the applicant's compliance with the | 149 |
insurance laws of this state. | 150 |
(c) The applicant has not committed any act that is a ground | 151 |
for the denial, suspension, or revocation of a license under | 152 |
section 3905.14 of the Revised Code. | 153 |
(d) Any applicant applying for a portable electronics | 154 |
insurance license line of authority satisfies the requirements of | 155 |
division (C)(1) of section 3905.062 of the Revised Code or any | 156 |
applicant applying for a self-service storage insurance license | 157 |
line of authority satisfies the requirements of division (C)(1) of | 158 |
section 3905.063 of the Revised Code. | 159 |
(e) The applicant has submitted any other documents requested | 160 |
by the superintendent. | 161 |
(B) An insurance agent license issued pursuant to division | 162 |
(A) of this section shall state the licensee's name, the license | 163 |
number, the date of issuance, the date the license expires, the | 164 |
line or lines of authority for which the licensee is qualified, | 165 |
and any other information the superintendent deems necessary. | 166 |
A licensee may be qualified for any of the following lines of | 167 |
authority: | 168 |
(1) Life, which is insurance coverage on human lives, | 169 |
including benefits of endowment and annuities, and may include | 170 |
benefits in the event of death or dismemberment by accident and | 171 |
benefits for disability income; | 172 |
(2) Accident and health, which is insurance coverage for | 173 |
sickness, bodily injury, or accidental death, and may include | 174 |
benefits for disability income; | 175 |
(3) Property, which is insurance coverage for the direct or | 176 |
consequential loss or damage to property of any kind; | 177 |
(4) Casualty, which is insurance coverage against legal | 178 |
liability, including coverage for death, injury, or disability or | 179 |
damage to real or personal property; | 180 |
(5) Personal lines, which is property and casualty insurance | 181 |
coverage sold to individuals and families for noncommercial | 182 |
purposes; | 183 |
(6) Variable life and variable annuity products, which is | 184 |
insurance coverage provided under variable life insurance | 185 |
contracts and variable annuities; | 186 |
(7) Credit, which is limited line credit insurance; | 187 |
(8) Title, which is insurance coverage against loss or damage | 188 |
suffered by reason of liens against, encumbrances upon, defects | 189 |
in, or the unmarketability of, real property; | 190 |
(9) Surety bail bond, which is the authority set forth in | 191 |
sections 3905.83 to 3905.95 of the Revised Code; | 192 |
(10) Portable electronics insurance, which is a limited line | 193 |
described in section 3905.062 of the Revised Code; | 194 |
(11) Self-service storage insurance, which is a limited line | 195 |
described in section 3905.063 of the Revised Code; | 196 |
(12) Any other line of authority designated by the | 197 |
superintendent. | 198 |
(C)(1) An individual seeking to renew a resident insurance | 199 |
agent license shall apply biennially for a renewal of the license | 200 |
on or before the last day of the licensee's birth month. A | 201 |
business entity seeking to renew a resident insurance agent | 202 |
license shall apply biennially for a renewal of the license on or | 203 |
before the date determined by the superintendent. The | 204 |
superintendent shall send a renewal notice to all licensees at | 205 |
least one month prior to the renewal date. | 206 |
Applications shall be submitted to the superintendent on | 207 |
forms prescribed by the superintendent. Each application shall be | 208 |
accompanied by a biennial renewal fee. The superintendent also may | 209 |
require an applicant to submit any document reasonably necessary | 210 |
to verify the information contained in the renewal application. | 211 |
(2) To be eligible for renewal, an individual applicant shall | 212 |
complete the continuing education requirements pursuant to section | 213 |
3905.481 of the Revised Code prior to the renewal date. | 214 |
(3) If an applicant submits a completed renewal application, | 215 |
qualifies for renewal pursuant to divisions (C)(1) and (2) of this | 216 |
section, and has not committed any act that is a ground for the | 217 |
refusal to issue, suspension of, or revocation of a license under | 218 |
section 3905.14 of the Revised Code, the superintendent shall | 219 |
renew the applicant's resident insurance agent license. | 220 |
(D) If an individual or business entity does not apply for | 221 |
the renewal of the individual or business entity's license on or | 222 |
before the license renewal date specified in division (C)(1) of | 223 |
this section, the individual or business entity may submit a late | 224 |
renewal application along with all applicable fees required under | 225 |
this chapter prior to the first day of the second month following | 226 |
the license renewal date. | 227 |
(E) A license issued under this section that is not renewed | 228 |
on or before its renewal date pursuant to division (C) of this | 229 |
section or its late renewal date pursuant to division (D) of this | 230 |
section automatically is suspended for nonrenewal on the first day | 231 |
of the second month following the renewal date. If a license is | 232 |
suspended for nonrenewal pursuant to this division, the individual | 233 |
or business entity is eligible to apply for reinstatement of the | 234 |
license within the twelve-month period following the date by which | 235 |
the license should have been renewed by complying with the | 236 |
reinstatement procedure established by the superintendent and | 237 |
paying all applicable fees required under this chapter. | 238 |
(F) A license that is suspended for nonrenewal that is not | 239 |
reinstated pursuant to division (E) of this section automatically | 240 |
is canceled unless the superintendent is investigating any | 241 |
allegations of wrongdoing by the agent or has initiated | 242 |
proceedings under Chapter 119. of the Revised Code. In that case, | 243 |
the license automatically is canceled after the completion of the | 244 |
investigation or proceedings unless the superintendent revokes the | 245 |
license. | 246 |
(G) An individual licensed as a resident insurance agent who | 247 |
is unable to comply with the license renewal procedures | 248 |
established under this section and who is unable to engage in the | 249 |
business of insurance due to military service, a long-term medical | 250 |
disability, or some other extenuating circumstance may request an | 251 |
extension of the renewal date of the individual's license. To be | 252 |
eligible for such an extension, the individual shall submit a | 253 |
written request with supporting documentation to the | 254 |
superintendent. At the superintendent's discretion, the | 255 |
superintendent may not consider a written request made after the | 256 |
renewal date of the license. | 257 |
Sec. 3905.063. (A) As used in this section: | 258 |
(1) "Customer" means a person who obtains the use of storage | 259 |
space from a self-service storage facility under the terms of a | 260 |
self-storage rental agreement. | 261 |
(2) "Endorsee" means an employee or authorized representative | 262 |
of a self-service storage facility authorized to sell or offer | 263 |
self-service storage insurance. | 264 |
(3) "Enrolled customer" means a customer who elects coverage | 265 |
under a self-service storage insurance policy issued to a | 266 |
self-service storage facility by an insurer or a policy issued | 267 |
directly to a customer from an insurer. | 268 |
(4) "Location" means any physical location in this state or | 269 |
any web site, call center site, or similar location directed to | 270 |
residents of this state. | 271 |
(5) "Owner" means the owner, operator, property management | 272 |
company, lessor, or sublessor of a self-service storage facility. | 273 |
"Owner" does not mean an occupant. | 274 |
(6) "Personal property" means moveable property not affixed | 275 |
to land, and includes goods, merchandise, furniture, and household | 276 |
items. | 277 |
(7)(a) "Self-service storage insurance" means insurance | 278 |
providing coverage for the loss of, or damage to, tangible | 279 |
personal property that is contained in storage space or in transit | 280 |
during a self-service storage rental agreement period, which may | 281 |
be offered on a month-to-month or other periodic basis under an | 282 |
individual policy, or as a group, commercial, or master policy | 283 |
issued to a self-service storage facility to provide insurance for | 284 |
the self-service storage facility's customers. | 285 |
(b) "Self-service storage insurance" does not mean any of the | 286 |
following: | 287 |
(i) A consumer goods service contract governed by section | 288 |
3905.423 of the Revised Code; | 289 |
(ii) A policy of insurance covering a seller's or a | 290 |
manufacturer's obligations under a warranty; | 291 |
(iii) A homeowner's, renter's, private passenger automobile, | 292 |
or similar insurance policy. | 293 |
(8) "Self-service storage rental agreement" means a written | 294 |
agreement containing the terms and conditions governing the use of | 295 |
storage space provided by a self-service storage facility. | 296 |
(9) "Supervising entity" means an insurer or a business | 297 |
entity licensed as an insurance agent under section 3905.06 or | 298 |
3905.07 of the Revised Code that is appointed by an insurer to | 299 |
supervise the administration of self-service storage insurance. | 300 |
(B)(1) Except as provided in division (B)(2) of this section, | 301 |
no self-service storage facility or self-service storage | 302 |
facility's endorsee shall offer, sell, solicit, or place | 303 |
self-service storage insurance unless the self-service storage | 304 |
facility is licensed under section 3905.06 or 3905.07 of the | 305 |
Revised Code with a self-service storage insurance line of | 306 |
authority and the offer, sale, solicitation, or placement is | 307 |
incidental to the lease of self-service storage. | 308 |
(2) Any self-service storage facility offering or selling | 309 |
self-service storage insurance on or before the effective date of | 310 |
this section that wishes to continue offering or selling that | 311 |
insurance shall apply for a license within ninety days after the | 312 |
superintendent of insurance makes the application available. | 313 |
(C)(1) The superintendent shall issue a resident insurance | 314 |
license to a self-service storage facility under section 3905.06 | 315 |
of the Revised Code if the self-service storage facility satisfies | 316 |
the requirements of sections 3905.05 and 3905.06 of the Revised | 317 |
Code, except that the application for a self-service storage | 318 |
insurance license shall satisfy the following additional | 319 |
requirements: | 320 |
(a) The application shall include the location, including the | 321 |
address for each location, of the self-service storage facility's | 322 |
home office and any location at which the facility engages in | 323 |
self-service storage transactions. | 324 |
(b) If the application requires the self-service storage | 325 |
facility to designate an individual or entity as a responsible | 326 |
insurance agent, that agent shall not be required to be an | 327 |
employee of the applicant and may be an individual agent who is an | 328 |
employee of the supervising entity. | 329 |
(c) If the self-service storage facility derives less than | 330 |
fifty per cent of the self-service storage facility's revenue from | 331 |
the sale of self-service storage insurance, the application for a | 332 |
self-service storage insurance license may require the | 333 |
self-service storage facility to provide the name, residence | 334 |
address, and other information required by the superintendent for | 335 |
one employee or officer of the self-service storage facility who | 336 |
is designated by the self-service storage facility as the person | 337 |
responsible for the self-service storage facility's compliance | 338 |
with the requirements of this chapter. | 339 |
(d) If the self-service storage facility derives fifty per | 340 |
cent or more of the self-service storage facility's revenue from | 341 |
the sale of self-service storage insurance, the application may | 342 |
require the information listed under division (C)(1)(c) of this | 343 |
section for all owners with at least ten per cent interest or | 344 |
voting interest, partners, officers, and directors of the | 345 |
self-service storage facility, or members or managers of a | 346 |
self-service storage facility that is a limited liability company. | 347 |
(2) The superintendent shall issue a nonresident insurance | 348 |
agent license to a self-service storage facility if the | 349 |
self-service storage facility satisfies the requirements of | 350 |
section 3905.07 of the Revised Code. However, if the nonresident | 351 |
self-service storage facility's home state does not issue a | 352 |
limited lines license for self-service storage insurance, the | 353 |
nonresident self-service storage facility may apply for a resident | 354 |
license under sections 3905.05 and 3905.06 of the Revised Code in | 355 |
the same manner and with the same rights and privileges as if the | 356 |
self-service storage facility were a resident of this state. | 357 |
(D) The holder of a limited lines license may not sell, | 358 |
solicit, or negotiate insurance on behalf of any insurer unless | 359 |
appointed to represent that insurer under section 3905.20 of the | 360 |
Revised Code. | 361 |
(E) Division (B)(34) of section 3905.14 of the Revised Code | 362 |
shall not apply to the self-service storage facility or the | 363 |
self-service storage facility's endorsees. | 364 |
(F) If insurance is required as a condition of a self-service | 365 |
storage rental agreement, the requirement may be satisfied by the | 366 |
customer's purchase of self-service storage insurance that is | 367 |
sold, solicited, or negotiated by the self-service storage | 368 |
facility or presentation to the self-service storage facility of | 369 |
evidence of other applicable insurance coverage. | 370 |
Evidence of applicable insurance coverage includes a | 371 |
representation by a licensed Ohio insurance agent that the | 372 |
customer satisfies the requirements of this division. | 373 |
(G)(1) A self-service storage facility may authorize any | 374 |
endorsee of the self-service storage facility to sell or offer | 375 |
self-service storage insurance to a customer at any location at | 376 |
which the self-service storage facility engages in self-service | 377 |
storage transactions. | 378 |
(2) An endorsee is not required to be licensed as an | 379 |
insurance agent under this chapter if the self-service storage | 380 |
facility is licensed under this section and the insurer issuing | 381 |
the self-service storage insurance either directly supervises or | 382 |
appoints a supervising entity to supervise the administration of | 383 |
the self-service storage insurance including development of a | 384 |
training program for endorsees in accordance with division (H) of | 385 |
this section. | 386 |
(3) No endorsee shall do any of the following: | 387 |
(a) Advertise, represent, or otherwise represent the | 388 |
endorsee's self as an insurance agent licensed under section | 389 |
3905.06 or 3905.07 of the Revised Code; | 390 |
(b) Offer, sell, or solicit the purchase of self-service | 391 |
storage insurance except in conjunction with and incidental to the | 392 |
sale or lease of self-service storage; | 393 |
(c) Make any statement or engage in any conduct, express or | 394 |
implied, that would lead a customer to believe either of the | 395 |
following: | 396 |
(i) That, if insurance is required as a condition of a | 397 |
self-service storage rental agreement, the purchase by the | 398 |
customer of self-service storage insurance offered by the | 399 |
self-service storage facility is the only method by which that | 400 |
condition may be met; | 401 |
(ii) That the self-service storage facility or its endorsees | 402 |
are qualified to evaluate the adequacy of the customer's existing | 403 |
insurance coverage. | 404 |
(4) An endorsee shall disclose that self-service storage | 405 |
insurance may duplicate coverage already provided under a | 406 |
customer's homeowner's insurance policy, renter's insurance | 407 |
policy, or other coverage. | 408 |
(H) Each self-service storage facility, or the supervising | 409 |
entity to that self-service storage facility, shall provide a | 410 |
training and education program for all endorsees who sell or offer | 411 |
self-service storage insurance. The program may be provided as a | 412 |
web-based training module or in any other electronic or recorded | 413 |
video form. The training and education program shall meet all of | 414 |
the following minimum standards: | 415 |
(1) The training shall be delivered to each endorsee of each | 416 |
self-service storage facility who sells or offers self-service | 417 |
storage insurance and the endorsee shall complete the training. | 418 |
(2) If the training is conducted in an electronic form, the | 419 |
supervising entity shall implement a supplemental education | 420 |
program regarding self-service storage insurance that is conducted | 421 |
and overseen by employees of the supervising entity who are | 422 |
licensed as insurance agents under section 3905.06 or 3905.07 of | 423 |
the Revised Code. | 424 |
(3) The training and education program shall include basic | 425 |
information about self-service storage insurance and information | 426 |
concerning all of the following prohibited actions of endorsees: | 427 |
(a) No endorsee shall advertise, represent, or otherwise | 428 |
represent the endorsee's self as a licensed insurance agent. | 429 |
(b) No endorsee shall offer, sell, or solicit the purchase of | 430 |
self-service storage insurance except in conjunction with and | 431 |
incidental to the rental of a storage space by the self-service | 432 |
storage facility. | 433 |
(c) No endorsee shall make any statement or engage in any | 434 |
conduct, express or implied, that would lead a customer to believe | 435 |
any of the following: | 436 |
(i) That the insurance policies offered by the endorsee | 437 |
provide coverage not already provided by a customer's homeowner's | 438 |
insurance policy, renter's insurance policy, or by another source | 439 |
of coverage; | 440 |
(ii) That, if insurance is required as a condition of a | 441 |
self-service storage rental agreement, the purchase by the | 442 |
customer of self-service storage insurance offered by the | 443 |
self-service storage facility is the only method by which that | 444 |
condition may be met; | 445 |
(iii) That the self-service storage facility or its endorsees | 446 |
are qualified to evaluate the adequacy of the customer's existing | 447 |
insurance coverage. | 448 |
(I) A supervising entity appointed to supervise the | 449 |
administration of self-service storage insurance under division | 450 |
(G)(2) of this section shall maintain a registry of locations | 451 |
supervised by that entity that are authorized to sell or solicit | 452 |
self-service storage insurance in this state and the endorsees at | 453 |
each location. The supervising entity shall make the registry | 454 |
available to the superintendent upon request. | 455 |
(J)(1) At every location where a self-service storage | 456 |
facility offers self-service storage insurance to customers, the | 457 |
self-service storage facility shall provide brochures or other | 458 |
written materials to prospective customers that include all of the | 459 |
following: | 460 |
(a) A summary of the material terms of the insurance | 461 |
coverage, including all of the following: | 462 |
(i) The identity of the insurer; | 463 |
(ii) The identity of the supervising entity; | 464 |
(iii) The amount of any applicable deductible and how it is | 465 |
to be paid; | 466 |
(iv) Benefits of the coverage; | 467 |
(v) Key terms and conditions of coverage. | 468 |
(b) A summary of the process for filing a claim; | 469 |
(c) A disclosure that self-service storage insurance may | 470 |
provide a duplication of coverage already provided by a customer's | 471 |
homeowner's insurance policy, renter's insurance policy, or other | 472 |
source of coverage; | 473 |
(d) A disclosure that, if insurance is required as a | 474 |
condition of a self-service storage rental agreement, the | 475 |
requirement may be satisfied by either of the following: | 476 |
(i) The customer's purchase of self-service storage insurance | 477 |
that is sold, solicited, or negotiated by the self-service storage | 478 |
facility; | 479 |
(ii) The customer's presentation to the self-service storage | 480 |
facility of evidence of other applicable insurance coverage such | 481 |
as a representation by a licensed Ohio insurance agent that the | 482 |
customer satisfies the coverage requirement; | 483 |
(e) A disclosure that neither the endorsee nor the | 484 |
self-service storage facility is qualified to evaluate the | 485 |
adequacy of the customer's existing insurance coverage; | 486 |
(f) A disclosure that the customer may cancel enrollment for | 487 |
coverage under a self-service storage insurance policy at any time | 488 |
and receive a refund of any applicable premium. | 489 |
(2) A self-service storage facility shall provide to every | 490 |
customer who purchases self-service storage insurance a | 491 |
certificate that is evidence of the coverage. | 492 |
(K)(1) The charges for self-service storage insurance may be | 493 |
billed and collected by the self-service storage facility, and the | 494 |
self-service storage facility may receive compensation for | 495 |
performing billing and collection services, if either of the | 496 |
following conditions are met: | 497 |
(a) If the charge to the customer for coverage is not | 498 |
included in the cost associated with the purchase or lease of | 499 |
self-service storage or related services, the charge for coverage | 500 |
is separately itemized on the customer's bill. | 501 |
(b) If the charge to the customer for coverage is included in | 502 |
the cost associated with the lease of self-service storage, the | 503 |
self-service storage facility clearly and conspicuously discloses | 504 |
to the customer that the charge for self-service storage insurance | 505 |
coverage is included with the lease for self-service storage. | 506 |
(2) All funds received by a self-service storage facility | 507 |
from a customer for the sale of self-service storage insurance | 508 |
shall be considered funds held in trust by the self-service | 509 |
storage facility in a fiduciary capacity for the benefit of the | 510 |
insurer. Self-service storage facilities that bill and collect | 511 |
such charges are not required to maintain those funds in a | 512 |
segregated account if the self-service storage facility is | 513 |
authorized by the insurer to hold those funds in an alternate | 514 |
manner and the self-service storage facility remits the amount of | 515 |
the charges to the supervising entity within sixty days after | 516 |
receiving the charges. | 517 |
(L)(1) Except as otherwise provided in divisions (L)(2) and | 518 |
(3) of this section, an insurer may terminate or otherwise change | 519 |
the terms and conditions of a policy of self-service storage | 520 |
insurance only upon providing the self-service storage facility | 521 |
policyholder and enrolled customers with at least sixty days' | 522 |
prior notice. If the insurer changes the terms and conditions, the | 523 |
insurer shall promptly provide the self-service storage facility | 524 |
policyholder with a revised policy or endorsement and each | 525 |
enrolled customer with a revised certificate, endorsement, updated | 526 |
brochure, or other evidence indicating that a change in the terms | 527 |
and conditions has occurred and a summary of material changes. | 528 |
(2) An insurer may terminate an enrolled customer's | 529 |
enrollment under a self-service storage insurance policy upon | 530 |
fifteen days' prior notice for discovery of fraud or material | 531 |
misrepresentation in obtaining coverage or in the presentation of | 532 |
a claim under the policy. | 533 |
(3) An insurer may immediately terminate an enrolled | 534 |
customer's enrollment under a self-service storage insurance | 535 |
policy for any of the following reasons: | 536 |
(a) The enrolled customer fails to pay the required premium; | 537 |
(b) The enrolled customer ceases to have an active lease at | 538 |
the self-service storage facility; | 539 |
(c) The enrolled customer exhausts the aggregate limit of | 540 |
liability, if any, under the terms of the self-service storage | 541 |
insurance policy and the insurer sends notice of termination to | 542 |
the customer within thirty calendar days after exhaustion of the | 543 |
limit. However, if the insurer does not send the notice within the | 544 |
thirty-day time frame, enrollment shall continue notwithstanding | 545 |
the aggregate limit of liability until the insurer sends notice of | 546 |
termination to the enrolled customer. | 547 |
(4) If a self-service storage insurance policy is terminated | 548 |
by a self-service storage facility policyholder, the self-service | 549 |
storage facility policyholder shall provide notice to each | 550 |
enrolled customer advising the customer of the termination of the | 551 |
policy and the effective date of the termination. The written | 552 |
notice shall be sent by mail, electronic mail, or delivery to the | 553 |
customer at least thirty days prior to the termination. | 554 |
(5) Notice required pursuant to this section may be sent by | 555 |
any of the following methods: | 556 |
(a) Electronically, in accordance with section 3901.41 of the | 557 |
Revised Code; | 558 |
(b) Via ordinary, registered, or certified mail, return | 559 |
receipt requested and postage prepaid; | 560 |
(c) By overnight delivery using a nationally recognized | 561 |
carrier. | 562 |
(M) An enrolled customer may cancel the enrolled customer's | 563 |
coverage under a self-service storage insurance policy at any | 564 |
time. Upon cancellation, the insurer shall refund any applicable | 565 |
unearned premium. | 566 |
(N) A license issued pursuant to this section shall authorize | 567 |
the self-service storage facility and its endorsees to engage only | 568 |
in those activities that are expressly permitted by this section. | 569 |
(O)(1) If a self-service storage facility or a self-service | 570 |
storage facility's endorsee violates any provision of this | 571 |
section, the superintendent may revoke or suspend the license | 572 |
issued or impose any other sanctions provided under section | 573 |
3905.14 of the Revised Code. | 574 |
(2) If any provision of this section is violated by a | 575 |
self-service storage facility, a self-service storage facility's | 576 |
endorsee at a particular location, a supervising entity, or an | 577 |
agent, the facility, endorsee, supervising entity, or agent is | 578 |
deemed to have engaged in an unfair and deceptive act or practice | 579 |
in the business of insurance under sections 3901.19 to 3901.26 of | 580 |
the Revised Code. | 581 |
(3) If the superintendent determines that a violation of this | 582 |
section or section 3905.14 of the Revised Code has occurred, the | 583 |
superintendent may assess a civil penalty in an amount not | 584 |
exceeding twenty-five thousand dollars per violation and an | 585 |
administrative fee to cover the expenses incurred by the | 586 |
department in the administrative action, including costs incurred | 587 |
in the investigation and hearing process. | 588 |
(P)(1) Notwithstanding any other provision of law, if a | 589 |
self-service storage facility's insurance-related activities, and | 590 |
those of its endorsees, employees, and authorized representatives, | 591 |
are limited to offering and disseminating self-service storage | 592 |
insurance on behalf of and under the direction of a limited lines | 593 |
self-service storage insurance agent that meets the requirements | 594 |
of this section, the facility is authorized to offer and | 595 |
disseminate insurance and receive related compensation for these | 596 |
services if the self-service storage facility is registered by the | 597 |
limited lines self-service storage insurance agent as described in | 598 |
division (I) of this section. Any compensation paid to a | 599 |
self-service storage facility's endorsee, employee, or authorized | 600 |
representative for the services described in this section shall be | 601 |
incidental to the endorsee's, employee's, or authorized | 602 |
representative's overall compensation and not based primarily on | 603 |
the number of customers who purchase self-service storage | 604 |
insurance coverage. | 605 |
(2) Nothing in this section shall be construed to prohibit | 606 |
payment of compensation to a self-service storage facility or its | 607 |
employees, endorsees, or authorized representatives for activities | 608 |
under the limited lines self-service storage insurance agent's | 609 |
license that are incidental to the overall compensation of the | 610 |
self-service storage facility or the employees, endorsees, or | 611 |
authorized representatives of the facility. | 612 |
(3) All costs paid or charged to a consumer for the purchase | 613 |
of self-service storage insurance or related services, including | 614 |
compensation to the self-service storage facility, shall be | 615 |
separately itemized on the customer's bill. | 616 |
(Q) The superintendent may adopt rules implementing this | 617 |
section. | 618 |
Sec. 3905.40. There shall be paid to the superintendent of | 619 |
insurance the following fees: | 620 |
(A) Each insurance company doing business in this state shall | 621 |
pay: | 622 |
(1) For filing a copy of its charter or deed of settlement, | 623 |
two hundred fifty dollars; | 624 |
(2) For filing each statement, one hundred seventy-five | 625 |
dollars; | 626 |
(3) For each certificate of authority or license, one hundred | 627 |
seventy-five, and for each certified copy thereof, five dollars; | 628 |
(4) For each copy of a paper filed in the superintendent's | 629 |
office, twenty cents per page; | 630 |
(5) For issuing certificates of deposits or certified copies | 631 |
thereof, five dollars for the first certificate or copy and one | 632 |
dollar for each additional certificate or copy; | 633 |
(6) For issuing certificates of compliance or certified | 634 |
copies thereof, sixty dollars; | 635 |
(7) For affixing the seal of office and certifying documents, | 636 |
other than those enumerated herein, two dollars; | 637 |
(8) For each agent appointment and each annual renewal of an | 638 |
agent appointment, not more than twenty dollars. | 639 |
(B) Each domestic life insurance company doing business in | 640 |
this state shall pay for annual valuation of its policies, one | 641 |
cent on every one thousand dollars of insurance. | 642 |
(C) Each applicant for licensure as an insurance agent except | 643 |
applicants for licensure as surety bail bond agents, surplus line | 644 |
brokers, | 645 |
self-service storage facilities shall pay ten dollars for each | 646 |
line of authority requested. Fees collected under this division | 647 |
shall be credited to the department of insurance operating fund | 648 |
created in section 3901.021 of the Revised Code. | 649 |
(D) Each domestic mutual life insurance company shall pay for | 650 |
verifying that any amendment to its articles of incorporation was | 651 |
regularly adopted, two hundred fifty dollars with each application | 652 |
for verification. Any such amendment shall be considered to have | 653 |
been regularly adopted when approved by the affirmative vote of | 654 |
two-thirds of the policyholders present in person or by proxy at | 655 |
any annual meeting of policyholders or at a special meeting of | 656 |
policyholders called for that purpose. | 657 |
(E) Each insurance agent doing business in this state shall | 658 |
pay a biennial license renewal fee of twenty-five dollars, except | 659 |
the following insurance agents are not required to pay that | 660 |
license renewal fee: | 661 |
(1) Individual resident agents who have met their continuing | 662 |
education requirements under section 3905.481 of the Revised Code; | 663 |
(2) Surety bail bond agents; | 664 |
(3) Surplus line brokers; | 665 |
(4) Portable electronics insurance vendors; | 666 |
(5) Self-service storage facilities. | 667 |
(F) Each applicant for licensure as a portable electronics | 668 |
insurance vendor with a portable electronics insurance limited | 669 |
lines license and each licensed vendor doing business in this | 670 |
state shall pay the following fees prescribed by the | 671 |
superintendent: | 672 |
(1) For vendors engaged in portable electronic transactions | 673 |
at more than ten locations in this state, an application fee not | 674 |
to exceed five thousand dollars for an initial license and a | 675 |
biennial license renewal fee not to exceed two thousand five | 676 |
hundred dollars for each renewal thereafter; | 677 |
(2) For vendors engaged in portable electronic transactions | 678 |
at ten or fewer locations in this state, an application fee not to | 679 |
exceed three thousand dollars for an initial license and a | 680 |
biennial license renewal fee not to exceed one thousand dollars | 681 |
for each renewal thereafter. | 682 |
(G) Each applicant for a self-service storage insurance | 683 |
limited lines license and each holder of such a license in this | 684 |
state shall pay an application fee not to exceed ten dollars for | 685 |
an initial license and a biennial license renewal fee not to | 686 |
exceed twenty-five dollars for each renewal thereafter. | 687 |
(H) All fees collected by the superintendent under this | 688 |
section except any fees collected under divisions (A)(2), (3), and | 689 |
(6) of this section shall be credited to the department of | 690 |
insurance operating fund created under section 3901.021 of the | 691 |
Revised Code. | 692 |
Section 2. That existing sections 3905.01, 3905.06, and | 693 |
3905.40 of the Revised Code are hereby repealed. | 694 |