LIVINGSTON SUBSTITUTE FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1222
I move the following SUBSTITUTE amendment to the INSURANCE AND RETIREMENT Committee Amendment to
SENATE BILL 1222 (Reference to Senate engrossed bill)
Page 1, between lines 9 and 10, insert:
"B. An insurer may deliver a notice or document by electronic means to a party pursuant to this section if the party electronically consents, or confirms consent electronically in advance, to that method of electronic delivery and has not withdrawn consent. An insurer shall obtain distinct advanced electronic consent from the named insured for delivery of any notice under section 20‑1632.
C. An oral communication or a recording of an oral communication does not qualify as consent for the purposes of this section.
D. Notwithstanding subsection A of this section, an insurer issuing a notice pursuant to section 20‑1632, subsection A, for a period of five years after the date of the notice, shall maintain in its files verification that the notice was sent by electronic means with a United States postal service electronic postmark or another electronic mail delivery service that provides electronic postmarks substantially similar to a United States postal service electronic postmark. The verification must contain sufficient information from which the department may determine that the notice was properly sent.
E. An insurer providing notice to an insured pursuant to section 20‑1632 by electronic means shall further deliver that notice to the named insured by United States postal service certified mail, certificate of mailing or first class mail using intelligent barcode or another similar tracking method used or approved by the United States postal service pursuant to section 20‑1632 if either of the following applies:
1. The notice being electronically delivered is rejected for delivery or returned to the insurer.
2. The insurer becomes aware that the electronic mail address provided by the party is no longer valid."
Reletter to conform
Page 1, line 39, strike "a reasonable period of time" insert "seven days"
Line 41, strike "C" insert "G"
Page 2, between lines 12 and 13, insert:
"O. An insurer may not charge a fee to a party who does not consent to receive notices or documents by electronic means and who chooses to receive the notices or documents in hard copy."
Reletter to conform
Line 17, after the parenthesis insert a period
Line 29, strike the third comma insert "or"; strike "or"
Line 30, strike "an annuity contract holder"
Amend title to conform
David Livingston |