Bill Text: OR SB414 | 2013 | Regular Session | Enrolled

Oregon Senate Bill 414 (Prior Session Legislation)

Bill Title: Relating to administration of the Insurance Code; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-07-23 - Effective date, July 3, 2013. [SB414 Detail]

Download: Oregon-2013-SB414-Enrolled.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 414

Sponsored by Senator SHIELDS (at the request of Loreta Boskovic)
  (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to administration of the Insurance Code; creating new
  provisions; amending ORS 731.256; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 731.256 is amended to read:
  731.256. (1) The Director of the Department of Consumer and
Business Services may institute   { - such - }  actions or other
lawful proceedings   { - as - }  { +  that + } the director
 { - may deem - }  { +  deems + } necessary   { - for the
enforcement of any - }  { +  to enforce a + } provision of the
Insurance Code or any order or action   { - made or taken by the
director - }  { +  the director makes or takes + } in pursuance
of law.
   { +  (2) As part of or in addition to any action or proceeding
the director institutes against an insurer under subsection (1)
of this section, the director may:
  (a) Seek restitution on a consumer's behalf for actual damages
the consumer suffers as a result of the insurer's violation of a
provision of the Insurance Code or applicable federal law or the
insurer's breach of an insurance contract or policy the insurer
has with the consumer; and
  (b) Seek other equitable relief the director deems appropriate
under the circumstances. + }
    { - (2) - }  { +  (3) + } If the director has reason to
believe that   { - any - }  { +  a + } person has violated
 { - any - }  { +  a + } provision of the Insurance Code or
  { - other - }  { +  another + } law   { - applicable - }  { +
that applies + } to insurance operations,   { - for which - }
 { +  and if the violation is subject to + } criminal prosecution
 { - is provided - }  and in the opinion of the director
 { - would be in order - }  { +  criminal prosecution is
warranted + }, the director shall give the information
 { - relative thereto - }  { +  about the violation + } to the
Attorney General or district attorney
  { - having - }  { +  that has + } jurisdiction   { - of any
such - }  { +  over the + } violation.  The Attorney General or
district attorney promptly shall institute
  { - such - }  { +  an + } action or   { - proceedings - }  { +
a proceeding + } against   { - such - }  { +  the + } person as
the information requires or justifies.
   { +  (4) An action or proceeding that the director institutes
under subsection (1) of this section is an exercise of the

Enrolled Senate Bill 414 (SB 414-A)                        Page 1

director's regulatory authority and, except as otherwise provided
in subsection (3) of this section, does not create a cause of
action for any other person. + }
  SECTION 2.  { + (1) The amendments to ORS 731.256 by section 1
of this 2013 Act become operative January 1, 2014.
  (2) The Director of the Department of Consumer and Business
Services may take any action before the operative date specified
in subsection (1) of this section that is necessary to enable the
director to exercise, on and after the operative date specified
in subsection (1) of this section, all of the duties, functions
and powers conferred on the director by the amendments to ORS
731.256 by section 1 of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------

Passed by Senate June 19, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 28, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 414 (SB 414-A)                        Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 414 (SB 414-A)                        Page 3