HB1542
Home service contract providers; shifts responsibility for regulating to Commissioner of the DACS.
Summary
As Passed Both Chambers. Home service contract providers.
Shifts responsibility for regulating home service contract providers from the State Corporation Commission to the Commissioner of the Department of Agriculture and Consumer Services. The measure provides that home service contracts are not contracts of insurance and are not subject to regulation under the Commonwealth's insurance laws. Home service contracts ... (More) are agreements to perform the service repair, replacement, or maintenance, or indemnification therefor, with regard to components, parts, appliances, or systems of a residential home property. Providers of such contracts are required to register with the Commissioner, which registration shall not require filing of forms or rate information. Providers are required to maintain a funded reserve account for their obligations under the contracts that is not less than 40 percent of gross consideration received, less claims paid, on the sale of the home service contract for all in-force home service contracts sold in the Commonwealth. Providers are also required to file a bond with the Commissioner. In lieu of the requirements for a reserve account and bond, a provider may demonstrate financial responsibility by filing a copy of a liability insurance policy that covers 100 percent of the provider's home service contract liabilities. The measure includes provisions addressing the adoption of regulations, investigations, production of records, and penalties for violations that are similar to the existing provisions applicable to extended service contract providers. Providers with a net worth in excess of $100 million are exempt from the provisions of the measure. Certain maintenance and service agreements are exempted. The measure includes a minimum tax provision that requires such entities to pay income tax at a level that provides the same revenue as is currently paid in gross premium tax. The minimum tax is in lieu of all other state and local license fees or license taxes on providers and home service contracts. The measure has a delayed effective date of January 1, 2018. (Less)-
Bill History
- 12/28/2016 - House: Prefiled and ordered printed; offered 01/11/17 17100808D
- 12/28/2016 - House: Referred to Committee on Commerce and Labor
- 01/17/2017 - House: Impact statement from DPB (HB1542)
- 01/26/2017 - House: Reported from Commerce and Labor with substitute (21-Y 0-N)
- 01/26/2017 - House: Committee substitute printed 17104686D-H1
- 01/30/2017 - House: Read first time
- 01/31/2017 - House: Passed by for the day
- 02/01/2017 - House: Read second time
- 02/01/2017 - House: Committee substitute agreed to 17104686D-H1
- 02/01/2017 - House: Engrossed by House - committee substitute HB1542H1
- 02/02/2017 - House: Read third time and passed House (94-Y 1-N)
- 02/02/2017 - House: VOTE: PASSAGE (94-Y 1-N)
- 02/03/2017 - Senate: Constitutional reading dispensed
- 02/03/2017 - Senate: Referred to Committee on Commerce and Labor
- 02/07/2017 - House: Impact statement from DPB (HB1542H1)
- 02/13/2017 - Senate: Reported from Commerce and Labor with substitute (14-Y 0-N)
- 02/13/2017 - Senate: Committee substitute printed 17105419D-S1
- 02/15/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/16/2017 - Senate: Read third time
- 02/16/2017 - Senate: Reading of substitute waived
- 02/16/2017 - Senate: Committee substitute agreed to 17105419D-S1
- 02/16/2017 - Senate: Engrossed by Senate - committee substitute HB1542S1
- 02/16/2017 - Senate: Passed Senate with substitute (39-Y 0-N)
- 02/16/2017 - Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 02/16/2017 - Senate: Passed Senate with substitute (40-Y 0-N)
- 02/20/2017 - House: Placed on Calendar
- 02/20/2017 - House: Senate substitute agreed to by House 17105419D-S1 (93-Y 1-N)
- 02/20/2017 - House: VOTE: ADOPTION (93-Y 1-N)
- 02/21/2017 - House: Impact statement from DPB (HB1542S1)
- 02/23/2017 - House: Enrolled
- 02/23/2017 - House: Bill text as passed House and Senate (HB1542ER)
- 02/23/2017 - House: Signed by Speaker
- 02/24/2017 - House: Impact statement from DPB (HB1542ER)
- 02/24/2017 - Senate: Signed by President
- 02/28/2017 - House: Enrolled Bill communicated to Governor on 2/28/17
- 02/28/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
- 03/24/2017 - Governor: Approved by Governor-Chapter 727 (effective 1/1/18)
- 03/24/2017 - Governor: Acts of Assembly Chapter text (CHAP0727)
