Bill Summary for S 124 (2023-2024)

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Summary date: 

May 22 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 124 (Public) Filed Thursday, February 16, 2023
AN ACT TO PROVIDE A CANCELLATION PERIOD FOR RESIDENTIAL ROOF REPLACEMENT OR REPAIR CONTRACTS, TO PERMIT CERTAIN INSURANCE TRADE PRACTICES RELATED TO GIFTS, REBATES, AND SERVICES OFFERED FOR FREE OR FOR LESS THAN MARKET VALUE, AND TO PLACE A CAP ON INSURANCE REFERRAL FEES PAID TO NONLICENSED PERSONS.
Intro. by Johnson.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.  Amends definition of residential roof replacement and repair services under GS 14-401.13 (failure to give right to cancel in off-premises sales) to specify that the licensure that the contractor performing the services holds must be issued under Article 1 of GS Chapter 87. 

Adds new GS 58-63-16 (permitted trade practices) permitting an insurer, insurance producer (defined), or limited representative (defined) to offer products or services when the products or services are: (1) offered in connection with the marketing, purchase, or retention of an insurance contract and do not exceed an aggregate retail value of $250 per person per year; (2) are offered without fee or at a reduced fee and are related to the servicing of an insurance contract or are offered or undertaken to provide risk control for the benefit of an insured; or (3) are offered without fee or at a reduced fee and are not contingent upon the purchase of insurance, are offered on the same terms to everyone, and the requirements of this subdivision are conspicuously disclosed to the recipient in writing. Specifies that new GS 58-63-16 does not apply to title insurance. Expands the activities not covered by GS 58-33-85 (rebates and charges in excess of premium prohibited; exceptions) and GS 58-63-15(7) and (8) (unfair trade practices) to include the trade practices permitted by GS 58-63-16. Makes organizational and technical changes to GS 58-33-85.

Sets a cap for insurance commissions, fees, or other valuable consideration to an unlicensed broker under GS 58-33-82(f) (commissions) at $50. Permits imposition of a fine not to exceed to $2,000 per violations for violations of the subtitle. Exempts title insurance. Applies to any referral of insurance business made on or after October 1, 2024.  

Makes conforming changes to act’s titles.