Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:
/ SECTION 8. A. Section 38-57-130 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Nothing in
this section may be construed to:
(a)
permit an unfair method of competition or an unfair or
deceptive act or practice; or
(b)
prohibit an insurer from offering or giving an insured,
for free or at a discounted price, services or other offerings
that directly and reasonably relate to the loss control of the
risks covered under the policy."
B. Section 38-57-140 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Nothing in
this section may be construed to:
(a)
permit an unfair method of competition or an unfair or
deceptive act or practice; or
(b)
prohibit an insurer from offering or giving an insured,
for free or at a discounted price, services or other offerings
that directly and reasonably relate to the loss control of the
risks covered under the policy."
C. Section 38-57-150 of the 1976 Code is amended by adding an appropriately item at the end to read:
"( ) Nothing in
this section may be construed to:
(a)
permit an unfair method of competition or an unfair or
deceptive act or practice; or
(b)
prohibit an insurer from offering or giving an insured,
for free or at a discounted price, services or other offerings
that directly and reasonably relate to the loss control of the
risks covered under the policy."
/
Amend the bill further, by striking SECTION 11 and inserting:
/ SECTION 11. Section 38-99-70(A) of the 1976 Code, as added by Act 171 of 2018, is amended to read:
"(A) The following
licensees are exempt from the provisions of this
chapter Section 38-99-20:
(1)
a licensee with fewer than ten employees, including any
independent contractors;
(2)
an employee, agent, representative or designee of a
licensee, who is also a licensee, is exempt from the provisions
of this chapter Section 38-99-20 and
need not develop its own information security program to the
extent that the employee, agent, representative or designee is
covered by the information security program of the other
licensee; and
(3)
a licensee subject to the Health Insurance Portability and
Accountability Act, Pub.L. 104-191, 110 Stat. 1936, that has
established and maintains an information security program
pursuant to such statutes, rules, regulations, procedures or
guidelines established thereunder, will be considered to meet
the requirements of this chapter Section
38-99-20, provided that the licensee is compliant with, and
submits a written statement certifying its compliance with, the
provisions of this chapter Section
38-99-20." /
Renumber sections to conform.
Amend title to conform.