Connecticut 2013 Regular Session

Connecticut Senate Bill SB00597 Compare Versions

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11 General Assembly Raised Bill No. 597
22 January Session, 2013 LCO No. 1076
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3+ *01076_______INS*
44 Referred to Committee on INSURANCE AND REAL ESTATE
55 Introduced by:
66 (INS)
77
88 General Assembly
99
1010 Raised Bill No. 597
1111
1212 January Session, 2013
1313
1414 LCO No. 1076
1515
16-*_____SB00597FIN___051413____*
16+*01076_______INS*
1717
1818 Referred to Committee on INSURANCE AND REAL ESTATE
1919
2020 Introduced by:
2121
2222 (INS)
2323
2424 AN ACT CONCERNING PORTABLE ELECTRONICS INSURANCE.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section:
2929
3030 (1) "Portable electronics insurance" means insurance coverage for the repair or replacement of a portable electronic device and accessories of such device because of loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss and Internet, video, audio or telephone service related to the use of such device. "Portable electronics insurance" does not include (A) an extended warranty, as defined in section 42-260 of the general statutes, as amended by this act, (B) an insurance policy covering a seller's or manufacturer's obligations under a warranty, or (C) a homeowners, renter's or other insurance policy that includes coverage similar to portable electronics insurance;
3131
3232 (2) "Portable electronic device" means any self-contained, easily carried, battery-operated electronic equipment for personal use for communicating, viewing, listening, recording, playing video games, computing or global positioning, including a cellular or satellite telephone, paging device, personal global positioning system unit, portable computer, audio listening or audio recording device, video viewing or video recording device, digital camera, portable video game system, telephone answering machine, docking or charging station for any portable electronic device, and other similar device;
3333
3434 (3) "Buyer" means a person who leases or purchases a portable electronic device;
3535
3636 (4) "Enrolled buyer" means a buyer who elects coverage under a portable electronics insurance policy;
3737
3838 (5) "Insurance producer" has the same meaning as provided in section 38a-702a of the general statutes;
3939
4040 (6) "Insurer" has the same meaning as provided in section 38a-1 of the general statutes;
4141
4242 (7) "Location" means any physical location in this state or any Internet web site or call center site directed at residents of this state;
4343
4444 (8) "Portable electronics transaction" means the lease or sale of a portable electronic device by a seller to a buyer;
4545
4646 (9) "Seller" means a person in the business of direct or indirect portable electronics transactions;
4747
4848 (10) "Supervising entity" means a business entity licensed as an insurer in this state and authorized to write personal or commercial risk insurance business in this state or an insurance producer licensed in this state, appointed by an insurer to supervise such insurer's portable electronics insurance program.
4949
5050 (b) (1) No seller shall offer or sell portable electronics insurance in this state without obtaining a portable electronics insurance license from the Insurance Commissioner as set forth in this subsection. Such license shall authorize any employee or authorized representative of such seller to offer or sell portable electronics insurance at each location where the seller engages in portable electronics transactions.
5151
5252 (2) No such employee or authorized representative shall be required to be licensed under chapter 701a of the general statutes, provided:
5353
5454 (A) The seller obtains and maintains such portable electronics insurance license;
5555
5656 (B) The insurer issuing a portable electronics insurance policy to the seller or a supervising entity of such insurer supervises the administration of the seller's portable electronics insurance program; and
5757
5858 (C) No such employee or authorized representative holds himself or herself out as a licensed insurance producer.
5959
6060 (3) (A) (i) Any seller seeking to obtain a portable electronics insurance license shall submit an initial sworn application to the Insurance Department on a form prescribed by the Insurance Commissioner. Such application shall include (I) the name, residence address and other information as said commissioner may require for an employee or an officer of the seller that is designated by such seller as the individual responsible for the seller's compliance with this section. If the seller derives more than fifty per cent of its revenue from the sale of portable electronics insurance, the seller shall include the name, residence address and other information as said commissioner may require for all of the seller's shareholders who are directly or indirectly the beneficial owner of ten per cent or more of any class of security of such seller, and for all of its officers and directors, and (II) the address of the applicant's home office. Such application shall be accompanied by the fees set forth in section 38a-11 of the general statutes, as amended by this act. Each portable electronics insurance license shall be valid for two years.
6161
6262 (ii) Any seller seeking to renew a portable electronics insurance license shall submit to the Insurance Department any changes to the initial application and any other information the Insurance Commissioner may require and the renewal fee set forth in section 38a-11 of the general statutes, as amended by this act.
6363
6464 (B) Any seller offering or selling portable electronics insurance in this state prior to October 1, 2013, shall apply for a portable electronics insurance license not later than ninety days after the Insurance Commissioner makes the application for such license available. On and after October 1, 2013, a seller shall obtain such license prior to offering or selling portable electronics insurance in this state.
6565
6666 (c) At each location where a seller offers or sells portable electronics insurance to buyers, such seller shall make available to prospective buyers brochures or other written materials that contain all of the following:
6767
6868 (1) A disclosure that portable electronics insurance may duplicate insurance coverage already provided by a buyer's homeowners, renter's or other insurance policy;
6969
7070 (2) A statement that enrollment in portable electronics insurance is not required for a buyer to lease or purchase a portable electronics device;
7171
7272 (3) (A) The identity of the insurer issuing the portable electronics insurance policy, (B) the identity of the supervising entity of such insurer, if any, (C) the amount of any applicable deductible and a summary of how such deductible is to be paid, (D) the insurance policy benefits, and (E) key terms and conditions of such insurance policy, including, but not limited to, whether, under such insurance policy, portable electronic devices may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
7373
7474 (4) A summary of the process for filing a claim, including a description of how to return portable electronic devices and the maximum fee applicable if the buyer fails to comply with any equipment return requirements; and
7575
7676 (5) A statement that a buyer enrolled in a portable electronics insurance policy may cancel the insurance certificate at any time and that the person paying the premium will receive a refund of any applicable unearned premium.
7777
7878 (d) (1) If portable electronics insurance is included at no additional charge with the lease or purchase of a portable electronic device, the seller shall clearly and conspicuously disclose to the buyer that such insurance is included at no additional charge with the lease or purchase of a portable electronic device.
7979
8080 (2) A seller may bill for and collect premium payments for portable electronics insurance policies, provided:
8181
8282 (A) Any premium payment that is not included in the cost of the lease or purchase of a portable electronic device is itemized separately on the enrolled buyer's invoice; and
8383
8484 (B) The seller remits such premium payment to the insurer issuing such insurance policy not later than sixty days after the seller receives such payment. Such insurer shall not cancel an enrolled buyer's certificate on the basis of nonpayment of premium if such enrolled buyer timely pays such premium to the seller.
8585
8686 (3) A seller shall not be required to maintain premium payments collected pursuant to this subsection in a segregated account if such insurer authorizes the seller to commingle such payments. All such premium payments collected shall be held by the seller in a fiduciary capacity for the benefit of such insurer.
8787
8888 (4) A seller may receive compensation from such insurer for such billing and collection services, as agreed to by such insurer and such seller.
8989
9090 (e) (1) A portable electronics insurance policy shall not be issued, sold or offered for sale unless such insurance policy is issued by an insurer authorized to write such line of business in this state. Such insurance policy may be issued as a group policy or a master commercial inland marine policy to a seller for its enrolled buyers. An insurer authorized to issue a portable electronics insurance policy in this state shall file a copy of the form for such policy in accordance with subsection (c) of section 38a-676 of the general statutes, as amended by this act.
9191
9292 (2) An insurer that issues portable electronics insurance policies and does not directly supervise the administration of a seller's portable electronics insurance program shall appoint a supervising entity and shall provide the name and contact information of such supervising entity to the Insurance Commissioner and to any seller that offers or sells such insurance policy to buyers.
9393
9494 (3) The supervising entity shall maintain a registry of seller locations in this state that are authorized to offer or sell such insurer's portable electronics insurance policies in this state. Upon request by the Insurance Commissioner with at least ten days' notice, such supervising entity shall make such registry available during the regular business hours of such supervising entity to said commissioner or said commissioner's designee for inspection and examination.
9595
9696 (f) (1) An enrolled buyer may cancel a portable electronics insurance certificate at any time. Such cancellation may be (A) oral to the seller at the location where such enrolled buyer elected such coverage or a telephone number specified for such purpose, or (B) in writing, which writing shall be sent by first class mail or electronic means to (i) the insurer that issued such insurance policy if such enrolled buyer pays the premium to such insurer, or (ii) the seller if such seller collects the premium payment for such insurance policy. Not later than three days after a seller receives a cancellation, such seller shall notify, or forward such cancellation to, such insurer. Such insurer shall refund, not later than sixty days after receiving such cancellation, to the person who paid the premium any applicable unearned premium.
9797
9898 (2) (A) An insurer may cancel, terminate or change the terms and conditions of a portable electronics insurance policy only upon providing at least thirty days' written notice, sent by first class mail or electronic means, to the seller policyholder and enrolled buyers. If the insurer changes the terms and conditions of such insurance policy, such insurer shall provide the seller policyholder with a revised insurance policy or endorsement and each enrolled buyer with a revised certificate, endorsement, updated brochure or other materials that indicate a change in the terms and conditions of such insurance policy and a summary of the material changes.
9999
100100 (B) An insurer may cancel, with at least fifteen days' written notice, sent by first class mail or electronic means to the seller policyholder and enrolled buyers:
101101
102102 (i) A portable electronics insurance policy for nonpayment of premium by the seller policyholder or a portable electronics insurance certificate for nonpayment of premium by an enrolled buyer. Such seller policyholder or enrolled buyer may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. If an enrolled buyer timely made a payment to the seller pursuant to subdivision (2) of subsection (d) of this section, such insurer shall not cancel such enrolled buyer's certificate for nonpayment of premium; or
103103
104104 (ii) A portable electronics insurance certificate for fraud or material misrepresentation by the enrolled buyer in obtaining such insurance coverage or in the presenting of a claim thereunder.
105105
106106 (C) An insurer may cancel a portable electronics insurance certificate, effective immediately, for:
107107
108108 (i) Termination by an enrolled buyer of Internet, video, audio or telephone service from the seller; or
109109
110110 (ii) Exhaustion of the aggregate limit of liability, if any, of such insurance coverage, provided the insurer sends written notice of such cancellation by first class mail or electronic means to such enrolled buyer not later than thirty days after such buyer exhausts such limit. If such notice is not timely sent, coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends such notice of cancellation to such enrolled buyer.
111111
112112 (3) A seller may terminate a portable electronics insurance policy at any time, provided such seller provides at least thirty days' written notice prior to such termination, by first class mail or electronic means, to the insurer issuing such insurance policy or to the supervising entity of such insurer and to each enrolled buyer, of such termination and the effective date of such termination.
113113
114114 (4) (A) Any written notices or correspondence sent pursuant to this subsection shall be sent to, as applicable, (i) the enrolled buyer at such enrolled buyer's last-known mailing address or electronic mail address on file with the insurer or the seller, (ii) the insurer at such insurer's mailing address or electronic mail address specified for such purpose, or (iii) the seller at such seller's mailing address or electronic mail address specified for such purpose. For purposes of this subsection, the provision of an enrolled buyer's electronic mail address by such enrolled buyer to the insurer or the seller shall be deemed consent by such enrolled buyer to receive such notices or correspondence by electronic mail.
115115
116116 (B) Each insurer or seller that sends a written notice or correspondence pursuant to this subsection shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.
117117
118118 (C) A supervising entity may send a written notice or correspondence pursuant to this subsection on behalf of the insurer. Such supervising entity shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.
119119
120120 (g) The Insurance Commissioner may suspend or revoke a portable electronics insurance license and impose a fine in addition to or in lieu of suspension or revocation, in accordance with section 38a-774 of the general statutes. In addition, in lieu of suspension or revocation, said commissioner may issue a cease and desist order suspending the privilege of offering or selling portable electronics insurance at specific locations of a seller or by specific employees or authorized representatives of such seller.
121121
122122 Sec. 2. Section 38a-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
123123
124124 (a) (1) No person may act as an adjuster of casualty claims for any insurance company or firm or corporation engaged in the adjustment of casualty claims unless such person has first secured a license from the commissioner, and has paid the license fee specified in section 38a-11, for each two-year period or fraction thereof. Application for such license shall be made as provided in section 38a-769. [The commissioner may waive the requirement for examination in the case of any applicant for a casualty claims adjuster's license who is a nonresident of this state and who holds an equivalent license from any other state.] Any such license issued by the commissioner shall be in force until the thirtieth day of June in each odd-numbered year unless sooner revoked or suspended. The [license] person may, [in] at the discretion of the commissioner, [be renewed] renew the license biennially upon payment of the fee specified in section 38a-11, as amended by this act. [The commissioner may waive the examination required under section 38a-769, in the case of an applicant who at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.]
125125
126126 (2) The commissioner may waive the examination required under section 38a-769, in the case of any applicant for a casualty adjuster's license that (A) is a nonresident of this state or has its principal place of business in another state, and holds an equivalent license from any other state, or (B) at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.
127127
128128 (b) The commissioner may prescribe reasonable regulations, in accordance with the provisions of chapter 54, governing the licensing of casualty adjusters and the adjustment of casualty claims.
129129
130130 (c) Any person who violates any provision of this section shall be fined not more than two thousand dollars or imprisoned not more than one year or both.
131131
132132 (d) The provisions of this section shall not apply to any: [member]
133133
134134 (1) (A) Individual who, for purposes of claims for portable electronics insurance, as defined in section 1 of this act, only (i) collects claim information from or furnishes claim information to insureds or claimants, and (ii) conducts data entry, including data entry into an automated claims adjudication system, provided such individual is an employee of a casualty adjuster licensed in this state or an affiliate of such casualty adjuster and not more than twenty-five such individuals are under the supervision of such casualty adjuster or affiliate or an insurance producer licensed in this state. A licensed insurance producer acting pursuant to this subparagraph shall not be required to be licensed as a casualty adjuster.
135135
136136 (B) For purposes of this subdivision, "automated claims adjudication system" means a preprogrammed computer system, designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims, that (i) is used only by a supervised individual, a casualty adjuster licensed in this state or an insurance producer licensed in this state, in accordance with subparagraph (A) of this subdivision, (ii) complies with all applicable claims payment requirements under this title, and (iii) if the casualty adjuster using such computer system is a business entity, is certified as complying with the provisions of this subdivision by an individual who is an officer of such business entity and who is licensed in this state as a casualty adjuster; and
137137
138138 (2) Member of the bar of this state in good standing who is engaged in the general practice of the law.
139139
140140 Sec. 3. Subsection (a) of section 38a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
141141
142142 (a) The commissioner shall demand and receive the following fees: (1) For the annual fee for each license issued to a domestic insurance company, two hundred dollars; (2) for receiving and filing annual reports of domestic insurance companies, fifty dollars; (3) for filing all documents prerequisite to the issuance of a license to an insurance company, two hundred twenty dollars, except that the fee for such filings by any health care center, as defined in section 38a-175, shall be one thousand three hundred fifty dollars; (4) for filing any additional paper required by law, thirty dollars; (5) for each certificate of valuation, organization, reciprocity or compliance, forty dollars; (6) for each certified copy of a license to a company, forty dollars; (7) for each certified copy of a report or certificate of condition of a company to be filed in any other state, forty dollars; (8) for amending a certificate of authority, two hundred dollars; (9) for each license issued to a rating organization, two hundred dollars. In addition, insurance companies shall pay any fees imposed under section 12-211; (10) a filing fee of fifty dollars for each initial application for a license made pursuant to section 38a-769; (11) with respect to insurance agents' appointments: (A) A filing fee of fifty dollars for each request for any agent appointment, except that no filing fee shall be payable for a request for agent appointment by an insurance company domiciled in a state or foreign country which does not require any filing fee for a request for agent appointment for a Connecticut insurance company; (B) a fee of one hundred dollars for each appointment issued to an agent of a domestic insurance company or for each appointment continued; and (C) a fee of eighty dollars for each appointment issued to an agent of any other insurance company or for each appointment continued, except that (i) no fee shall be payable for an appointment issued to an agent of an insurance company domiciled in a state or foreign country which does not require any fee for an appointment issued to an agent of a Connecticut insurance company, and (ii) the fee shall be twenty dollars for each appointment issued or continued to an agent of an insurance company domiciled in a state or foreign country with a premium tax rate below Connecticut's premium tax rate; (12) with respect to insurance producers: (A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued; (C) a fee of eighty dollars per year, or any portion thereof, for each license renewed; and (D) a fee of eighty dollars for any license renewed under the transitional process established in section 38a-784; (13) with respect to public adjusters: (A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant; and (B) a fee of two hundred fifty dollars for each license issued or renewed; (14) with respect to casualty adjusters: (A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued or renewed; and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination; (15) with respect to motor vehicle physical damage appraisers: (A) An examination fee of eighty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of eighty dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued or renewed; and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination; (16) with respect to certified insurance consultants: (A) An examination fee of twenty-six dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty-six dollars to the commissioner for each examination taken by an applicant; (B) a fee of two hundred fifty dollars for each license issued; and (C) a fee of two hundred fifty dollars for each license renewed; (17) with respect to surplus lines brokers: (A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant; and (B) a fee of six hundred twenty-five dollars for each license issued or renewed; (18) with respect to fraternal agents, a fee of eighty dollars for each license issued or renewed; (19) a fee of twenty-six dollars for each license certificate requested, whether or not a license has been issued; (20) with respect to domestic and foreign benefit societies shall pay: (A) For service of process, fifty dollars for each person or insurer to be served; (B) for filing a certified copy of its charter or articles of association, fifteen dollars; (C) for filing the annual report, twenty dollars; and (D) for filing any additional paper required by law, fifteen dollars; (21) with respect to foreign benefit societies: (A) For each certificate of organization or compliance, fifteen dollars; (B) for each certified copy of permit, fifteen dollars; and (C) for each copy of a report or certificate of condition of a society to be filed in any other state, fifteen dollars; (22) with respect to reinsurance intermediaries, a fee of six hundred twenty-five dollars for each license issued or renewed; (23) with respect to life settlement providers: (A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a; and (B) a fee of forty dollars for each license issued or renewed; (24) with respect to life settlement brokers: (A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a; and (B) a fee of forty dollars for each license issued or renewed; (25) with respect to preferred provider networks, a fee of two thousand seven hundred fifty dollars for each license issued or renewed; (26) with respect to rental companies, as defined in section 38a-799, a fee of eighty dollars for each permit issued or renewed; (27) with respect to medical discount plan organizations licensed under section 38a-479rr, a fee of six hundred twenty-five dollars for each license issued or renewed; (28) with respect to pharmacy benefits managers, an application fee of one hundred dollars for each registration issued or renewed; (29) with respect to captive insurance companies, as defined in section 38a-91aa, a fee of three hundred seventy-five dollars for each license issued or renewed; (30) with respect to each duplicate license issued a fee of fifty dollars for each license issued; (31) with respect to surety bail bond agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty dollars for each initial application for a license, and (B) a fee of one hundred dollars for each license issued or renewed; [and] (32) with respect to third-party administrators, as defined in section 38a-720, (A) a fee of five hundred dollars for each license issued, (B) a fee of three hundred fifty dollars for each license renewed, and (C) a fee of one hundred dollars for each annual report filed pursuant to section 38a-720l; (33) with respect to portable electronics insurance licenses under section 1 of this act, (A) a filing fee of one hundred dollars for each initial application for a license, (B) a fee of five hundred dollars for each license issued, and (C) a fee of four hundred fifty dollars for each license renewed.
143143
144144 Sec. 4. Subdivision (1) of subsection (a) of section 42-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
145145
146146 (1) "Extended warranty" means a contract or agreement to either perform or provide indemnification for the repair, replacement or maintenance of a product because of operational or structural failure of such product due to a defect in materials, skill or workmanship or normal wear and tear given for consideration over and above the lease or purchase price of a product. "Extended warranty" does not include portable electronics insurance, as defined in section 1 of this act.
147147
148148 Sec. 5. Subsection (c) of section 38a-676 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
149149
150150 (c) The form of any insurance policy or contract (1) the rates for which are subject to the provisions of sections 38a-663 to 38a-696, inclusive, other than fidelity, surety or guaranty bonds, or (2) subject to section 1 of this act, and the form of any endorsement modifying such insurance policy or contract under subdivision (1) or (2) of this subsection, shall be filed with the Insurance Commissioner prior to its issuance. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing a procedure for review of such policy or contract. If at any time the commissioner finds that any such policy, contract or endorsement is not in accordance with such provisions or any other provision of law, the commissioner shall issue an order disapproving the issuance of such form and stating the reasons for disapproval. The provisions of section 38a-19 shall apply to any such order issued by the commissioner.
151151
152152
153153
154154
155155 This act shall take effect as follows and shall amend the following sections:
156156 Section 1 October 1, 2013 New section
157157 Sec. 2 October 1, 2013 38a-792
158158 Sec. 3 October 1, 2013 38a-11(a)
159159 Sec. 4 October 1, 2013 42-260(a)(1)
160160 Sec. 5 October 1, 2013 38a-676(c)
161161
162162 This act shall take effect as follows and shall amend the following sections:
163163
164164 Section 1
165165
166166 October 1, 2013
167167
168168 New section
169169
170170 Sec. 2
171171
172172 October 1, 2013
173173
174174 38a-792
175175
176176 Sec. 3
177177
178178 October 1, 2013
179179
180180 38a-11(a)
181181
182182 Sec. 4
183183
184184 October 1, 2013
185185
186186 42-260(a)(1)
187187
188188 Sec. 5
189189
190190 October 1, 2013
191191
192192 38a-676(c)
193193
194+Statement of Purpose:
194195
196+To regulate the sale of portable electronics insurance in this state.
195197
196-INS Joint Favorable
197-FIN Joint favorable
198-
199-INS
200-
201-Joint Favorable
202-
203-FIN
204-
205-Joint favorable
198+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]