71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 269 (A to RC)
LC 596/SB 269-A5
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 269
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON BUSINESS, LABOR, AND CONSUMER AFFAIRS
May 16
On page 1 of the printed A-engrossed bill, line 7, after '
746.665' insert ', 746.680'.
In line 8, after '731.740' insert 'and section 45, chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 268)'.
In line 14, after 'ORS' delete the rest of the line and insert
'646.380 to 646.396, 697.005 to 697.095, 697.602 to 697.842,
717.200 to 717.320, 717.900 and 717.905, ORS chapters 59, 722,
723, 725 and 726'.
In line 15, delete '59.991 and 59.995, ORS chapters 722 and
723'.
In line 20, after the first 'ORS' delete the rest of the line
and insert '646.380 to 646.396, 697.005 to 697.095, 697.602 to
697.842, 717.200 to 717.320, 717.900 and 717.905, ORS chapters
59, 722, 723, 725 and 726'.
In line 21, delete 'and 723'.
On page 5, line 11, delete 'if required by law' and insert '
under ORS 750.045'.
On page 10, after line 7, insert:
' { + SECTION 13a. + } { + If Senate Bill 268 becomes law,
section 45, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill
268) (amending ORS 735.425), is repealed and ORS 735.425, as
amended by section 13 of this 2001 Act, is amended to read: + }
' 735.425. (1) Within 90 days after the placing of any surplus
lines insurance { + in this state + }, each surplus lines
licensee shall file with the Director of the Department of
Consumer and Business Services:
' (a) An affidavit { + signed by the licensee + } regarding
the insurance, which shall be kept confidential as provided in
section 2 of this 2001 Act, including the following:
' (A) The name and address of the insured;
' (B) The identity of the insurer or insurers;
' (C) A description of the subject and location of the risk;
' (D) The amount of premium charged for the insurance; and
' (E) Such other pertinent information as the director may
reasonably require.
' (b) A statement on a standardized form furnished by the
director, as to the diligent efforts by the producing agent to
place the coverage with admitted insurers and the results
thereof. The statement shall { + be signed by the producing
agent and shall + } affirm that the insured was expressly advised
prior to placement of the insurance that:
' (A) The surplus lines insurer with whom the insurance was to
be placed is not licensed in this state and is not subject to its
supervision; and
' (B) In the event of the insolvency of the surplus lines
insurer, losses will not be paid by the state insurance guaranty
fund.
' (2) The director may direct that filings required under { +
subsection (1) of + } this section be made to the Surplus Lines
Association of Oregon. { + The director may also require that
such filings be made electronically but may exempt a licensee
from the requirement for good cause shown.
' (3) A nonresident surplus lines licensee or nonresident
insurance producer who places a surplus lines policy on a risk
with exposures located both in this state and outside this state
shall satisfy filing requirements established by the director by
rule. The director shall ensure that the rules facilitate
interstate regulation of surplus lines insurance
transactions. + }
' { + SECTION 13b. + } { + (1) The amendments to ORS 735.425
by section 13a of this 2001 Act become operative on January 1,
2002. + }
{ + ' (2) The Director of the Department of Consumer and
Business Services may take any action before the operative date
of the amendments to ORS 735.425 by section 13a of this 2001 Act
that is necessary to enable the director to exercise, on and
after the operative date of the amendments to ORS 735.425 by
section 13a of this 2001 Act, all the duties, functions and
powers conferred on the director by the amendments to ORS 735.425
by section 13a of this 2001 Act. + } ' .
On page 15, line 30, after 'ORS' delete the rest of the line
and insert '646.380 to 646.396, 697.005 to 697.095, 697.602 to
697.842, 717.200 to 717.320, 717.900 or 717.905, ORS chapter 59,
722, 723, 725 or 726'.
In line 31, delete 'and 59.995, ORS chapter 722 or 723'.
On page 19, line 19, after 'ORS' delete the rest of the line
and insert '646.380 to 646.396, 697.005 to 697.095, 697.602 to
697.842, 717.200 to 717.320, 717.900 or 717.905, ORS chapter 59,
722, 723, 725 or 726'.
In line 20, delete 'and 59.995, ORS chapter 722 or 723'.
In line 39, after '743' insert 'and sections 2 and 3 of this
2001 Act'.
On page 31, line 28, delete 'and dated'.
On page 35, line 4, delete 'an insurance' and insert 'a
financial'.
After line 20, insert:
' { + SECTION 28a. + } ORS 746.680 is amended to read:
' 746.680. (1) If any insurer, agent or insurance-support
organization fails to comply with ORS 746.640, 746.645 or
746.650, any person whose rights granted under those sections are
violated may apply to the circuit court for the county in which
the person resides, or any other court of competent jurisdiction,
for appropriate equitable relief.
' (2) { - An insurer, agent - } { + A licensee + } or
insurance-support organization { - which - } { + that + }
discloses information in violation of ORS 746.665 shall be liable
for damages sustained by the individual about whom the
information relates. However, no individual shall be entitled to
a monetary award { - which - } { + that + } exceeds the
actual damages sustained by the individual as a result of the
violation of ORS 746.665.
' (3) In any action brought pursuant to this section, the court
may award the cost of the action and reasonable attorney fees to
the prevailing party.
' (4) An action under this section must be brought within two
years from the date the alleged violation is or should have been
discovered.
' (5) Except as specifically provided in this section, there
shall be no remedy or recovery available to individuals, in law
or in equity, for occurrences constituting a violation of any
provision of ORS 746.600 to 746.690 and 750.055.'.
In line 21, delete '28a' and insert '28b' and delete ' 28b' and
insert '28c'.
In line 23, delete '28b' and insert '28c'.
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