Connecticut 2025 Regular Session

Connecticut Senate Bill SB01425 Compare Versions

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5-General Assembly Substitute Bill No. 1425
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66 January Session, 2025
7+LCO No. 5341
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10+Referred to Committee on INSURANCE AND REAL ESTATE
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13+Introduced by:
14+(INS)
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1219 AN ACT CONCERNING MOTOR VEHICLE PROTECTION PRODUCTS.
1320 Be it enacted by the Senate and House of Representatives in General
1421 Assembly convened:
1522
1623 Section 1. Section 42-260 of the general statutes is repealed and the 1
1724 following is substituted in lieu thereof (Effective October 1, 2025): 2
1825 (a) As used in this section: 3
1926 (1) "Extended warranty" means a contract or agreement to either 4
2027 perform or provide indemnification for the repair, replacement or 5
2128 maintenance of a product because of operational or structural failure of 6
2229 such product due to a defect in materials, skill or workmanship or 7
2330 normal wear and tear given for consideration over and above the lease 8
2431 or purchase price of a product. "Extended warranty" includes, but is not 9
2532 limited to: (A) The repair or replacement of tires or wheels on a motor 10
2633 vehicle damaged as a result of coming into contact with road hazards, 11
2734 including, but not limited to, pot holes, rocks, wood debris, metal parts, 12
2835 glass, plastic, curbs or composite scraps; (B) the removal of dents, dings 13
2936 or creases on a motor vehicle using the process of paintless dent removal 14
3037 without (i) affecting the existing paint finish, (ii) replacing vehicle body 15
38+Raised Bill No. 1425
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3144 panels, (iii) sanding, (iv) bonding, or (v) painting; (C) the repair of chips 16
3245 or cracks in, or the replacement of, a motor vehicle windshield as a result 17
3346 of damage caused by such road hazards; (D) the replacement of a motor 18
34-vehicle key or key fob if such key or key fob becomes inoperable, or is 19 Substitute Bill No. 1425
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36-
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47+vehicle key or key fob if such key or key fob becomes inoperable, or is 19
3948 lost or stolen; or (E) in conjunction with a motor vehicle leased for 20
4049 personal use, the repair, replacement or maintenance of property or 21
4150 indemnification for repair, replacement or maintenance, due to excess 22
4251 wear and use damage for items, including, but not limited to, tires, paint 23
4352 cracks or chips, interior stains, rips or scratches, exterior dents or 24
4453 scratches, windshield cracks or chips, missing interior or exterior parts 25
4554 or excess mileage that result in a lease-end charge, provided any such 26
4655 charge shall not exceed the purchase price of the motor vehicle. 27
4756 "Extended warranty" does not include portable electronics insurance, as 28
4857 defined in section 38a-397. 29
4958 (2) "Extended warranty provider" means a person who issues, makes, 30
5059 provides or offers to provide an extended warranty to a buyer and who 31
5160 is contractually obligated to provide service under such extended 32
5261 warranty, excluding a retail seller of an extended warranty if such seller: 33
5362 (A) Is the manufacturer of the product covered under the extended 34
5463 warranty, or a subsidiary of the manufacturer; (B) sells or offers an 35
5564 extended warranty for a product obligating the manufacturer, a 36
5665 subsidiary of the manufacturer, a distributor or an importer to provide 37
5766 the service or indemnification arising under the extended warranty; or 38
5867 (C) performs at least ninety per cent of the repair service provided to 39
5968 buyers pursuant to extended warranties purchased from such seller. 40
6069 (3) "Buyer" means a person who purchases an extended warranty 41
6170 from an extended warranty provider. 42
6271 (4) "Extended warranty reimbursement insurance policy" means a 43
6372 policy of insurance providing coverage for all obligations and liabilities 44
6473 incurred by an extended warranty provider under the terms of the 45
6574 extended warranty sold to a buyer by such provider. 46
66-(5) "Vehicle theft protection product" means any device or system 47
67-that (A) is installed on or applied to a covered motor vehicle, (B) is 48
68-designed to prevent loss or damage to such covered motor vehicle from 49
69-theft, and (C) includes a vehicle theft protection product warranty. 50
70-(6) "Vehicle theft protection product warranty" means a contract or 51 Substitute Bill No. 1425
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81+(5) "Vehicle theft protection product" means any device or system 47
82+that (A) is installed on or applied to a covered motor vehicle; (B) is 48
83+designed to prevent loss or damage to such covered motor vehicle from 49
84+theft; and (C) includes a vehicle theft protection product warranty; and 50
85+(6) "Vehicle theft protection product warranty" means a contract or 51
7586 agreement obligating a warrantor to pay to, or on behalf of, the vehicle 52
7687 theft protection product warranty holder specified incidental costs as a 53
7788 result of the failure of such vehicle theft protection product to perform 54
7889 pursuant to the terms of such contract or agreement. 55
7990 (b) An extended warranty shall obligate the extended warranty 56
8091 provider to supply to the buyer all services and functional parts that 57
8192 may be necessary to repair the product for the duration of the extended 58
8293 warranty without additional charge, except as otherwise expressly 59
8394 provided. 60
8495 (c) An extended warranty shall contain all of the following: 61
8596 (1) A clear description and identification of the product; 62
8697 (2) The date when the extended warranty commences and its 63
8798 duration, and, if the extended warranty is for less than one year, the 64
8899 extended warranty shall include a provision for the automatic extension 65
89100 of the extended warranty while the product is in the custody of the 66
90101 extended warranty provider for repair under such warranty; 67
91102 (3) A description of the limits on transfer or assignment of the 68
92103 extended warranty if the enforceability of an extended warranty is 69
93104 limited to the original buyer or is limited to persons other than every 70
94105 consumer owner of the covered product during the term of the extended 71
95106 warranty; 72
96107 (4) A statement of the obligation of the extended warranty provider 73
97108 including statements of: (A) Any services, parts, components, defects, 74
98109 malfunctions, conditions, repairs or remedies that are excluded from the 75
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99116 scope of the extended warranty; (B) any limits on the obligations of the 76
100117 extended warranty provider; (C) any additional services which the 77
101118 extended warranty provider will supply; (D) whether the buyer has the 78
102119 responsibility of any other obligations and, if so, the nature and 79
103120 frequency of such obligations, and the consequences of any 80
104-noncompliance; 81 Substitute Bill No. 1425
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121+noncompliance; 81
109122 (5) A step-by-step explanation of the procedure which the buyer shall 82
110123 follow in order to obtain performance of any obligation under the 83
111124 extended warranty including: (A) The full legal and business name of 84
112125 the extended warranty provider; (B) the mailing address of the extended 85
113126 warranty provider; (C) the persons or class of persons that are 86
114127 authorized to perform service; (D) the name or title and address of any 87
115128 agent, employee or department of the extended warranty provider that 88
116129 is responsible for the performance of any obligations; (E) the method of 89
117130 giving notice to the extended warranty provider of the need for service; 90
118131 (F) whether in-home service is provided or, if not, whether the costs of 91
119132 transporting the product for service or repairs will be paid by the 92
120133 extended warranty provider; (G) if the product must be transported to 93
121134 the extended warranty provider, either the place where the product may 94
122135 be delivered for service or repairs or a toll-free telephone number which 95
123136 the buyer may call to obtain that information; (H) all other steps which 96
124137 the buyer must take to obtain service; and (I) all fees, charges and other 97
125138 costs that the buyer must pay to obtain service; 98
126139 (6) A description of the services the extended warranty provider will 99
127140 supply under the extended warranty; and 100
128141 (7) A statement of a right to cancel the warranty if the buyer returns 101
129142 the product or the product is sold, lost, stolen or destroyed, or a 102
130143 statement that there is no right to cancel. 103
131144 (d) (1) An extended warranty shall not be issued, sold or offered for 104
132145 sale unless the extended warranty provider is insured under an 105
133146 extended warranty reimbursement insurance policy issued by an 106
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134153 insurer authorized to do business in this state or the extended warranty 107
135154 provider can demonstrate that reserves for claims contained in the 108
136155 provider's financial statements are not in excess of one-half of a 109
137156 provider's audited net worth. If such reserves are in excess of one-half 110
138157 of a provider's net worth, the reserves shall be held in trust by an 111
139158 independent trustee and certified annually as adequate by an actuary. 112
140-(2) The extended warranty reimbursement insurance policy shall 113 Substitute Bill No. 1425
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159+(2) The extended warranty reimbursement insurance policy shall 113
145160 cover the obligations under the extended warranty sold by the extended 114
146161 warranty provider during the period of time that such provider's 115
147162 insurance policy is in force. 116
148163 (3) An insurer authorized to issue an extended warranty 117
149164 reimbursement insurance policy in this state shall, at the time the policy 118
150165 is filed with the Insurance Commissioner as set forth in subsection (c) of 119
151166 section 38a-676 and continuously thereafter: (A) Maintain a surplus as 120
152167 to policyholders and paid-in capital of not less than fifteen million 121
153168 dollars; (B) demonstrate to the satisfaction of said commissioner that the 122
154169 company maintains a ratio of net written premiums, wherever written, 123
155170 to a surplus as to policyholders and paid-in capital of not greater than 124
156171 three to one; and (C) annually file with the Insurance Commissioner 125
157172 copies of such insurer's audited financial statements, its National 126
158173 Association of Insurance Commissioners' Annual Statement and the 127
159174 actuarial certification required by and filed in such insurer's state of 128
160175 domicile. 129
161176 (e) An extended warranty provider shall submit to the Insurance 130
162177 Commissioner: (1) A copy of the extended warranty form issued by said 131
163178 provider; and (2) a copy of said provider's extended warranty 132
164179 reimbursement insurance policy form issued by an insurer authorized 133
165180 to do business in this state or a certification by a certified public 134
166181 accountant attesting to the adequacy of the reserves for claims reported 135
167182 on said provider's financial statements or contained in said provider's 136
168183 trust account. 137
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169190 (f) (1) An extended warranty shall contain the name and address of 138
170191 the insurers insuring the obligations and liabilities of such warranty and 139
171192 instructions on how the buyer, or successor to the buyer's rights, of the 140
172193 product may file a claim with the insurer if the extended warranty 141
173194 provider fails to perform according to the terms of the extended 142
174195 warranty. 143
175196 (2) An insurer of an extended warranty shall not refuse to renew any 144
176-policy unless such insurer or its agent shall send, by registered or 145 Substitute Bill No. 1425
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197+policy unless such insurer or its agent shall send, by registered or 145
181198 certified mail or by mail evidenced by a certificate of mailing or delivery 146
182199 to the Insurance Commissioner, at least sixty days' advance notice of its 147
183200 intention not to renew. The notice of intent not to renew shall state or be 148
184201 accompanied by a statement specifying the reason for such nonrenewal. 149
185202 (g) The Insurance Commissioner shall develop regulations, in 150
186203 accordance with chapter 54, implementing an arbitration process to 151
187204 settle disputes arising from extended warranty contracts between 152
188205 extended warranty providers and buyers. 153
189206 (h) Nothing in this section shall apply to a home warranty contract or 154
190207 home warranty service agreement, as defined in section 38a-320, or 155
191208 regulated utilities. 156
192209 (i) No contract or agreement providing any extended warranty or 157
193210 vehicle theft protection product warranty shall constitute engaging in 158
194211 the business of insurance in this state. 159
195-Sec. 2. Subsection (a) of section 38a-11 of the general statutes is 160
196-repealed and the following is substituted in lieu thereof (Effective October 161
197-1, 2025): 162
198-(a) The commissioner shall demand and receive the following fees: 163
199-(1) For the annual fee for each license issued to a domestic insurance 164
200-company, two hundred dollars; (2) for receiving and filing annual 165
201-reports of domestic insurance companies, fifty dollars; (3) for filing all 166
202-documents prerequisite to the issuance of a license to an insurance 167
203-company, two hundred twenty dollars, except that the fee for such 168
204-filings by any health care center, as defined in section 38a-175, shall be 169
205-one thousand three hundred fifty dollars; (4) for filing any additional 170
206-paper required by law, thirty dollars; (5) for each certificate of valuation, 171
207-organization, reciprocity or compliance, forty dollars; (6) for each 172
208-certified copy of a license to a company, forty dollars; (7) for each 173
209-certified copy of a report or certificate of condition of a company to be 174
210-filed in any other state, forty dollars; (8) for amending a certificate of 175
211-authority, two hundred dollars; (9) for each license issued to a rating 176
212-organization, two hundred dollars. In addition, insurance companies 177 Substitute Bill No. 1425
212+Sec. 2. Section 38a-47 of the general statutes is repealed and the 160
213+following is substituted in lieu thereof (Effective October 1, 2025): 161
214+(a) All domestic insurance companies and other domestic entities 162
215+subject to taxation under chapter 207, and extended warranty providers 163
216+and warrantors of vehicle theft protection products, as such terms are 164
217+defined in section 42-260, as amended by this act, shall, in accordance 165
218+with section 38a-48, as amended by this act, annually pay to the 166
219+Insurance Commissioner, for deposit in the Insurance Fund established 167
220+Raised Bill No. 1425
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217-shall pay any fees imposed under section 12-211; (10) a filing fee of fifty 178
218-dollars for each initial application for a license made pursuant to section 179
219-38a-769; (11) with respect to insurance agents' appointments: (A) A 180
220-filing fee of fifty dollars for each request for any agent appointment, 181
221-except that no filing fee shall be payable for a request for agent 182
222-appointment by an insurance company domiciled in a state or foreign 183
223-country which does not require any filing fee for a request for agent 184
224-appointment for a Connecticut insurance company; (B) a fee of one 185
225-hundred dollars for each appointment issued to an agent of a domestic 186
226-insurance company or for each appointment continued; and (C) a fee of 187
227-eighty dollars for each appointment issued to an agent of any other 188
228-insurance company or for each appointment continued, except that (i) 189
229-no fee shall be payable for an appointment issued to an agent of an 190
230-insurance company domiciled in a state or foreign country which does 191
231-not require any fee for an appointment issued to an agent of a 192
232-Connecticut insurance company, and (ii) the fee shall be twenty dollars 193
233-for each appointment issued or continued to an agent of an insurance 194
234-company domiciled in a state or foreign country with a premium tax 195
235-rate below Connecticut's premium tax rate; (12) with respect to 196
236-insurance producers: (A) An examination fee of fifteen dollars for each 197
237-examination taken, except when a testing service is used, the testing 198
238-service shall pay a fee of fifteen dollars to the commissioner for each 199
239-examination taken by an applicant; (B) a fee of eighty dollars for each 200
240-license issued; (C) a fee of eighty dollars per year, or any portion thereof, 201
241-for each license renewed; and (D) a fee of eighty dollars for any license 202
242-renewed under the transitional process established in section 38a-784; 203
243-(13) with respect to public adjusters: (A) An examination fee of fifteen 204
244-dollars for each examination taken, except when a testing service is 205
245-used, the testing service shall pay a fee of fifteen dollars to the 206
246-commissioner for each examination taken by an applicant; and (B) a fee 207
247-of two hundred fifty dollars for each license issued or renewed; (14) with 208
248-respect to casualty claims adjusters: (A) An examination fee of twenty 209
249-dollars for each examination taken, except when a testing service is 210
250-used, the testing service shall pay a fee of twenty dollars to the 211
251-commissioner for each examination taken by an applicant; (B) a fee of 212 Substitute Bill No. 1425
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226+under section 38a-52a, an amount equal to: 168
227+(1) The actual expenditures made by the Insurance Department 169
228+during each fiscal year, and the actual expenditures made by the Office 170
229+of the Healthcare Advocate, including the cost of fringe benefits for 171
230+department and office personnel as estimated by the Comptroller; 172
231+(2) The amount appropriated to the Office of Health Strategy from 173
232+the Insurance Fund for the fiscal year, including the cost of fringe 174
233+benefits for office personnel as estimated by the Comptroller, which 175
234+shall be reduced by the amount of federal reimbursement received for 176
235+allowable Medicaid administrative expenses; 177
236+(3) The expenditures made on behalf of the department and said 178
237+offices from the Capital Equipment Purchase Fund pursuant to section 179
238+4a-9 for such year, but excluding such estimated expenditures made on 180
239+behalf of the Health Systems Planning Unit of the Office of Health 181
240+Strategy; and 182
241+(4) The amount appropriated to the Department of Aging and 183
242+Disability Services for the fall prevention program established in section 184
243+17a-859 from the Insurance Fund for the fiscal year. 185
244+(b) The expenditures and amounts specified in subdivisions (1) to (4), 186
245+inclusive, of subsection (a) of this section shall exclude expenditures 187
246+paid for by fraternal benefit societies, foreign and alien insurance 188
247+companies and other foreign and alien entities under sections 38a-49 189
248+and 38a-50. 190
249+(c) Payments shall be made by assessment of all such domestic 191
250+insurance companies, [and] other domestic entities, extended warranty 192
251+providers and warrantors of vehicle theft protection products calculated 193
252+and collected in accordance with the provisions of section 38a-48, as 194
253+amended by this act. Any such domestic insurance company, [or] other 195
254+domestic entity, extended warranty provider or warrantor of a vehicle 196
255+theft protection product aggrieved because of any assessment levied 197
256+Raised Bill No. 1425
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256-eighty dollars for each license issued or renewed; and (C) the expense of 213
257-any examination administered outside the state shall be the 214
258-responsibility of the entity making the request and such entity shall pay 215
259-to the commissioner two hundred dollars for such examination and the 216
260-actual traveling expenses of the examination administrator to 217
261-administer such examination; (15) with respect to motor vehicle 218
262-physical damage appraisers: (A) An examination fee of eighty dollars 219
263-for each examination taken, except when a testing service is used, the 220
264-testing service shall pay a fee of eighty dollars to the commissioner for 221
265-each examination taken by an applicant; (B) a fee of eighty dollars for 222
266-each license issued or renewed; and (C) the expense of any examination 223
267-administered outside the state shall be the responsibility of the entity 224
268-making the request and such entity shall pay to the commissioner two 225
269-hundred dollars for such examination and the actual traveling expenses 226
270-of the examination administrator to administer such examination; (16) 227
271-with respect to certified insurance consultants: (A) An examination fee 228
272-of twenty-six dollars for each examination taken, except when a testing 229
273-service is used, the testing service shall pay a fee of twenty-six dollars to 230
274-the commissioner for each examination taken by an applicant; (B) a fee 231
275-of two hundred fifty dollars for each license issued; and (C) a fee of two 232
276-hundred fifty dollars for each license renewed; (17) with respect to 233
277-surplus lines brokers: (A) An examination fee of twenty dollars for each 234
278-examination taken, except when a testing service is used, the testing 235
279-service shall pay a fee of twenty dollars to the commissioner for each 236
280-examination taken by an applicant; and (B) a fee of six hundred twenty-237
281-five dollars for each license issued or renewed; (18) with respect to 238
282-fraternal agents, a fee of eighty dollars for each license issued or 239
283-renewed; (19) a fee of twenty-six dollars for each license certificate 240
284-requested, whether or not a license has been issued; (20) with respect to 241
285-domestic and foreign benefit societies shall pay: (A) For service of 242
286-process, fifty dollars for each person or insurer to be served; (B) for filing 243
287-a certified copy of its charter or articles of association, fifteen dollars; (C) 244
288-for filing an annual statement or report, twenty dollars; and (D) for filing 245
289-any additional paper required by law, fifteen dollars; (21) with respect 246
290-to foreign benefit societies: (A) For each certificate of organization or 247 Substitute Bill No. 1425
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262+under this section may appeal therefrom in accordance with the 198
263+provisions of section 38a-52. 199
264+Sec. 3. Section 38a-48 of the general statutes, as amended by section 200
265+31 of public act 24-1 of the June special session, is repealed and the 201
266+following is substituted in lieu thereof (Effective October 1, 2025): 202
267+(a) On or before June thirtieth, annually, the Commissioner of 203
268+Revenue Services shall render to the Insurance Commissioner a 204
269+statement certifying the total amount of taxes reported to the 205
270+Commissioner of Revenue Services on returns filed with said 206
271+commissioner by each domestic insurance company or other domestic 207
272+entity under chapter 207, or by any extended warranty provider or 208
273+warrantor of a vehicle theft protection product, as such terms are 209
274+defined in section 42-260, as amended by this act, on business done in 210
275+this state during the calendar year immediately preceding the prior 211
276+calendar year. For purposes of preparing the annual statement under 212
277+this subsection, the total amount of taxes required to be set forth in such 213
278+statement shall be the amount of tax reported by each domestic 214
279+insurance company or other domestic entity under chapter 207, each 215
280+extended warranty provider and warrantor of a vehicle theft protection 216
281+product to the Commissioner of Revenue Services prior to the 217
282+application of any credits allowable or available under law to each such 218
283+domestic insurance company or other domestic entity under chapter 219
284+207, extended warranty provider or warrantor of a vehicle theft 220
285+protection product. 221
286+(b) On or before July thirty-first, annually, the Insurance 222
287+Commissioner shall render to each domestic insurance company, [or] 223
288+other domestic entity, extended warranty provider or warrantor of a 224
289+vehicle theft protection product liable for payment under section 38a-225
290+47, as amended by this act: 226
291+(1) A statement that includes (A) the amount appropriated to the 227
292+Insurance Department, the Office of the Healthcare Advocate and the 228
293+Raised Bill No. 1425
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295-compliance, fifteen dollars; (B) for each certified copy of permit, fifteen 248
296-dollars; and (C) for each copy of a report or certificate of condition of a 249
297-society to be filed in any other state, fifteen dollars; (22) with respect to 250
298-reinsurance intermediaries, a fee of six hundred twenty-five dollars for 251
299-each license issued or renewed; (23) with respect to life settlement 252
300-providers: (A) A filing fee of twenty-six dollars for each initial 253
301-application for a license made pursuant to section 38a-465a; and (B) a 254
302-fee of forty dollars for each license issued or renewed; (24) with respect 255
303-to life settlement brokers: (A) A filing fee of twenty-six dollars for each 256
304-initial application for a license made pursuant to section 38a-465a; and 257
305-(B) a fee of forty dollars for each license issued or renewed; (25) with 258
306-respect to preferred provider networks, a fee of two thousand seven 259
307-hundred fifty dollars for each license issued or renewed; (26) with 260
308-respect to rental companies, as defined in section 38a-799, a fee of eighty 261
309-dollars for each permit issued or renewed; (27) with respect to medical 262
310-discount plan organizations licensed under section 38a-479rr, a fee of six 263
311-hundred twenty-five dollars for each license issued or renewed; (28) 264
312-with respect to pharmacy benefits managers, an application fee of one 265
313-hundred dollars for each registration issued or renewed; (29) with 266
314-respect to captive insurance companies, as defined in section 38a-91aa, 267
315-a fee of three hundred seventy-five dollars for each license issued or 268
316-renewed; (30) with respect to each duplicate license issued a fee of fifty 269
317-dollars for each license issued; (31) with respect to surety bail bond 270
318-agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty 271
319-dollars for each initial application for a license, and (B) a fee of one 272
320-hundred dollars for each license issued or renewed; (32) with respect to 273
321-third-party administrators, as defined in section 38a-720, (A) a fee of five 274
322-hundred dollars for each license issued, and (B) a fee of four hundred 275
323-fifty dollars for each license renewed; (33) with respect to portable 276
324-electronics insurance licenses under section 38a-397, (A) a filing fee of 277
325-one hundred dollars for each initial application for a license, (B) a fee of 278
326-five hundred dollars for each license issued, and (C) a fee of four 279
327-hundred fifty dollars for each license renewed; (34) with respect to 280
328-limited lines travel insurance producer licenses under section 38a-398, 281
329-(A) a filing fee of one hundred dollars for each initial application for a 282 Substitute Bill No. 1425
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299+Office of Health Strategy from the Insurance Fund established under 229
300+section 38a-52a for the fiscal year beginning July first of the same year, 230
301+(B) the cost of fringe benefits for department and office personnel for 231
302+such year, as estimated by the Comptroller, (C) the estimated 232
303+expenditures on behalf of the department and the offices from the 233
304+Capital Equipment Purchase Fund pursuant to section 4a-9 for such 234
305+year, not including such estimated expenditures made on behalf of the 235
306+Health Systems Planning Unit of the Office of Health Strategy, and (D) 236
307+the amount appropriated to the Department of Aging and Disability 237
308+Services for the fall prevention program established in section 17a-859 238
309+from the Insurance Fund for the fiscal year; 239
310+(2) A statement of the total amount of taxes reported in the annual 240
311+statement rendered to the Insurance Commissioner pursuant to 241
312+subsection (a) of this section; and 242
313+(3) The proposed assessment against [that] such company, [or] entity, 243
314+extended warranty provider or warrantor of vehicle theft protection 244
315+products calculated in accordance with the provisions of subsection (c) 245
316+of this section, provided for the purposes of this calculation the amount 246
317+appropriated to the Insurance Department, the Office of the Healthcare 247
318+Advocate and the Office of Health Strategy from the Insurance Fund 248
319+plus the cost of fringe benefits for department and office personnel and 249
320+the estimated expenditures on behalf of the department and said offices 250
321+from the Capital Equipment Purchase Fund pursuant to section 4a-9, 251
322+not including such expenditures made on behalf of the Health Systems 252
323+Planning Unit of the Office of Health Strategy shall be deemed to be the 253
324+actual expenditures of the department and said offices, and the amount 254
325+appropriated to the Department of Aging and Disability Services from 255
326+the Insurance Fund for the fiscal year for the fall prevention program 256
327+established in section 17a-859 shall be deemed to be the actual 257
328+expenditures for the program. 258
329+(c) (1) The proposed assessments for each domestic insurance 259
330+company, [or] other domestic entity, extended warranty provider or 260
331+Raised Bill No. 1425
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334-license, (B) a fee of six hundred fifty dollars for each license issued, and 283
335-(C) a fee of six hundred fifty dollars for each license renewed; (35) with 284
336-respect to certified reinsurers, as certified by the commissioner pursuant 285
337-to regulations adopted pursuant to section 38a-85, a fee of two thousand 286
338-dollars for each certificate issued and renewed; [and] (36) with respect 287
339-to reciprocal jurisdiction reinsurers, as defined in regulations adopted 288
340-pursuant to section 38a-85, a fee of two thousand dollars for each 289
341-certificate issued and renewed; (37) with respect to extended warranty 290
342-providers, as defined in section 42-260, as amended by this act, a fee of 291
343-one thousand five hundred dollars when filing (A) a rate request with a 292
344-filing for any merger, acquisition or change of control, (B) a rate request, 293
345-or (C) for any merger, acquisition or change of control; and (38) with 294
346-respect to warrantors of vehicle theft protection products, as defined in 295
347-section 42-260, as amended by this act, a fee of one thousand five 296
348-hundred dollars when filing (A) a rate request with a filing for any 297
349-merger, acquisition or change of control, (B) a rate request, or (C) for any 298
350-merger, acquisition or change of control. 299
335+LCO No. 5341 10 of 13
336+
337+warrantor of a vehicle theft protection product shall be calculated by (A) 261
338+allocating twenty per cent of the amount to be paid under section 38a-262
339+47, as amended by this act, among the domestic entities organized under 263
340+sections 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, 264
341+in proportion to their respective shares of the total amount of taxes 265
342+reported in the annual statement rendered to the Insurance 266
343+Commissioner pursuant to subsection (a) of this section, and (B) 267
344+allocating eighty per cent of the amount to be paid under section 38a-47, 268
345+as amended by this act, among all domestic insurance companies, [and] 269
346+domestic entities other than those organized under sections 38a-199 to 270
347+38a-209, inclusive, and 38a-214 to 38a-225, inclusive, extended warranty 271
348+providers and warrantors of vehicle theft protection products, in 272
349+proportion to their respective shares of the total amount of taxes 273
350+reported in the annual statement rendered to the Insurance 274
351+Commissioner pursuant to subsection (a) of this section, provided if 275
352+there are no domestic entities organized under sections 38a-199 to 38a-276
353+209, inclusive, and 38a-214 to 38a-225, inclusive, at the time of 277
354+assessment, one hundred per cent of the amount to be paid under 278
355+section 38a-47, as amended by this act, shall be allocated among such 279
356+domestic insurance companies, [and] domestic entities, extended 280
357+warranty providers and warrantors of vehicle theft protection products. 281
358+(2) When the amount any such company , [or] entity, extended 282
359+warranty provider or warrantor of a vehicle theft protection product is 283
360+assessed pursuant to this section exceeds twenty-five per cent of the 284
361+actual expenditures of the Insurance Department, the Office of the 285
362+Healthcare Advocate and the Office of Health Strategy from the 286
363+Insurance Fund, such excess amount shall not be paid by such company, 287
364+[or] entity, extended warranty provider or warrantor of a vehicle theft 288
365+protection product, but rather shall be assessed against and paid by all 289
366+other such companies, [and] entities, extended warranty providers or 290
367+warrantors of vehicle theft protection products in proportion to their 291
368+respective shares of the total amount of taxes reported in the annual 292
369+statement rendered to the Insurance Commissioner pursuant to 293
370+Raised Bill No. 1425
371+
372+
373+
374+LCO No. 5341 11 of 13
375+
376+subsection (a) of this section, except that for purposes of any assessment 294
377+made to fund payments to the Department of Public Health to purchase 295
378+vaccines, such company or entity shall be responsible for its share of the 296
379+costs, notwithstanding whether its assessment exceeds twenty-five per 297
380+cent of the actual expenditures of the Insurance Department, the Office 298
381+of the Healthcare Advocate and the Office of Health Strategy from the 299
382+Insurance Fund. The provisions of this subdivision shall not be 300
383+applicable to any corporation that has converted to a domestic mutual 301
384+insurance company pursuant to section 38a-155 upon the effective date 302
385+of any public act that amends said section to modify or remove any 303
386+restriction on the business such a company may engage in, for purposes 304
387+of any assessment due from such company on and after such effective 305
388+date. 306
389+(d) Each annual payment determined under section 38a-47, as 307
390+amended by this act, and each annual assessment determined under this 308
391+section shall be calculated based on the total amount of taxes reported 309
392+in the annual statement rendered to the Insurance Commissioner 310
393+pursuant to subsection (a) of this section. 311
394+(e) On or before September first, annually, for each fiscal year, the 312
395+Insurance Commissioner, after receiving any objections to the proposed 313
396+assessments and making such adjustments as in the commissioner's 314
397+opinion may be indicated, shall assess each such domestic insurance 315
398+company, [or] other domestic entity, extended warranty provider or 316
399+warrantor of a vehicle theft protection product an amount equal to its 317
400+proposed assessment as so adjusted. Each domestic insurance company, 318
401+[or] other domestic entity, extended warranty provider or warrantor of 319
402+a vehicle theft protection product shall pay to the Insurance 320
403+Commissioner (1) on or before June thirtieth, annually, an estimated 321
404+payment against its assessment for the following year equal to twenty-322
405+five per cent of its assessment for the fiscal year ending such June 323
406+thirtieth, (2) on or before September thirtieth, annually, twenty-five per 324
407+cent of its assessment adjusted to reflect any credit or amount due from 325
408+the preceding fiscal year as determined by the commissioner under 326
409+Raised Bill No. 1425
410+
411+
412+
413+LCO No. 5341 12 of 13
414+
415+subsection (f) of this section, and (3) on or before the following 327
416+December thirty-first and March thirty-first, annually, each domestic 328
417+insurance company, [or] other domestic entity, extended warranty 329
418+provider or warrantor of a vehicle theft protection product shall pay to 330
419+the Insurance Commissioner the remaining fifty per cent of its proposed 331
420+assessment to the department in two equal installments. 332
421+(f) If the actual expenditures for the fall prevention program 333
422+established in section 17a-859 are less than the amount allocated, the 334
423+Commissioner of Aging and Disability Services shall notify the 335
424+Insurance Commissioner. Immediately following the close of the fiscal 336
425+year, the Insurance Commissioner shall recalculate the proposed 337
426+assessment for each domestic insurance company, [or] other domestic 338
427+entity, extended warranty provider or warrantor of a vehicle theft 339
428+protection product in accordance with subsection (c) of this section 340
429+using the actual expenditures made during the fiscal year by the 341
430+Insurance Department, the Office of the Healthcare Advocate and the 342
431+Office of Health Strategy from the Insurance Fund, the actual 343
432+expenditures made on behalf of the department and said offices from 344
433+the Capital Equipment Purchase Fund pursuant to section 4a-9, not 345
434+including such expenditures made on behalf of the Health Systems 346
435+Planning Unit of the Office of Health Strategy, and the actual 347
436+expenditures for the fall prevention program. On or before July thirty-348
437+first, annually, the Insurance Commissioner shall render to each such 349
438+domestic insurance company, [and] other domestic entity, extended 350
439+warranty provider and warrantor of a vehicle theft protection product a 351
440+statement showing the difference between their respective recalculated 352
441+assessments and the amount they have previously paid. On or before 353
442+August thirty-first, the Insurance Commissioner, after receiving any 354
443+objections to such statements, shall make such adjustments that in the 355
444+commissioner's opinion may be indicated, and shall render an adjusted 356
445+assessment, if any, to the affected companies. Any such domestic 357
446+insurance company, [or] other domestic entity, extended warranty 358
447+provider or warrantor of a vehicle theft protection product may pay to 359
448+Raised Bill No. 1425
449+
450+
451+
452+LCO No. 5341 13 of 13
453+
454+the Insurance Commissioner the entire assessment required under this 360
455+subsection in one payment when the first installment of such assessment 361
456+is due. 362
457+(g) If any assessment is not paid when due, a penalty of twenty-five 363
458+dollars shall be added thereto, and interest at the rate of six per cent per 364
459+annum shall be paid thereafter on such assessment and penalty. 365
460+(h) The Insurance Commissioner shall deposit all payments made 366
461+under this section with the State Treasurer. On and after June 6, 1991, 367
462+the moneys so deposited shall be credited to the Insurance Fund 368
463+established under section 38a-52a and shall be accounted for as expenses 369
464+recovered from insurance companies. 370
351465 This act shall take effect as follows and shall amend the following
352466 sections:
353467
354468 Section 1 October 1, 2025 42-260
355-Sec. 2 October 1, 2025 38a-11(a)
469+Sec. 2 October 1, 2025 38a-47
470+Sec. 3 October 1, 2025 38a-48
356471
357-INS Joint Favorable Subst.
472+Statement of Purpose:
473+To regulate the business of extended warranties for motor vehicles and
474+vehicle theft protection product warranties in this state.
475+
476+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
477+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
478+underlined.]
358479