Pennsylvania 2017-2018 Regular Session Status: In Committee Bipartisan · 2 R · 1 D cosponsors

SB 190 — An Act amending the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, in insurance producers, further providing for definitions and providing for self-service storage insurance.

Last action — Re-referred to APPROPRIATIONS

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

132 added · 239 removed

Plain-language change summary

The proposed amendments to Bill SB 190 introduce a new licensing provision allowing owners of self-service storage facilities in Pennsylvania to sell specific types of insurance related to their rental services. This change means that storage facility operators can now legally offer insurance to customers, helping to protect their belongings stored at these locations. This move aims to provide an additional layer of security for consumers while creating a new revenue stream for storage facility owners. Overall, it enhances consumer options and potentially improves the overall safety of personal property placed in storage.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
179 PRINTER'S NO.
179 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1871 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2017 No.
190 2017 INTRODUCED BY McGARRIGLE, MARTIN, RAFFERTY AND KILLION, JANUARY 26, 2017 REFERRED TO BANKING AND INSURANCE, JANUARY 26, 2017 AN ACT Amending the act of May 17, 1921 (P.L.789, No.285), entitled, as amended, "An act relating to insurance;
INTRODUCED BY McGARRIGLE, MARTIN, RAFFERTY, KILLION, STEFANO, VULAKOVICH, COSTA, RESCHENTHALER AND BROWNE, JANUARY 26, 2017 SENATOR WHITE, BANKING AND INSURANCE, AS AMENDED, JUNE 13, 2018 AN ACT Amending the act of May 17, 1921 (P.L.789, No.285), entitled, as amended, "An act relating to insurance;
and amending, revising, and consolidating the law relating to the licensing, qualification, regulation, examination, suspension, and dissolution of insurance companies, Lloyds associations, reciprocal and inter-insurance exchanges, and certain societies and orders, the examination and regulation of fire insurance rating bureaus, and the licensing and regulation of insurance agents and brokers;
and amending, revising, and consolidating the law relating to the licensing, dissolution of insurance companies, Lloyds associations, reciprocal and inter-insurance exchanges, and certain societies and orders, the examination and regulation of fire insurance rating bureaus, and the licensing and regulation of insurance agents and brokers;
INSURANCE PRODUCERS, FURTHER PROVIDING FOR DEFINITIONS AND <-- providing for self-service storage facility insurance.
providing penalties, and repealing existing laws," providing for self-service storage facility insurance.
<-- The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The act of May 17, 1921 (P.L.789, No.285), known <-- as The Insurance Department Act of 1921, is amended by adding an article to read:
The act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, is amended by adding an article to read:
ARTICLE VI-B SECTION 1.
ARTICLE VI-B SELF-SERVICE STORAGE FACILITY INSURANCE Section 601-B.
THE DEFINITION OF "LINE OF AUTHORITY" IN SECTION <-- 601-A OF THE ACT OF MAY 17, 1921 (P.L.789, NO.285), KNOWN AS THE INSURANCE DEPARTMENT ACT OF 1921, IS AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
Self-service storage agent licenses.
SECTION 601-A.
(a) Authority to issue licenses.--The Insurance Department may issue a self-service storage agent license to an owner that has complied with the requirements of this section authorizing the owner to offer or to sell the kinds of insurance prescribed in this section in connection with and incidental to the rental of space at a self-service storage facility.
DEFINITIONS.
(b) Application.-- (1) An applicant for a self-service storage agent license shall file a written application in a form prescribed by the department.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
The application shall specify all locations in this Commonwealth that the self-service storage agent may conduct business under the license.
* * * "LIMITED LINE SELF-SERVICE STORAGE INSURANCE." INSURANCE OFFERED IN CONNECTION WITH AND INCIDENTAL TO THE RENTAL OF SPACE AT A SELF-SERVICE STORAGE FACILITY.
(2) A self-service storage agent is not required to have an individual licensee in each self-service storage facility or place where insurance is transacted.
"LINE OF AUTHORITY." THE LICENSED ABILITY TO SELL, SOLICIT OR NEGOTIATE PARTICULAR CLASSES OR TYPES OF INSURANCE, INCLUDING THE FOLLOWING:
(3) The self-service storage agent shall notify the department within 30 days after commencing business under the self-service storage agent's license at any additional locations in this Commonwealth or of those locations in this Commonwealth that cease to do business under the license.
(1) LIFE.
(c) Sale of insurance.--A self-service storage agent may offer or sell insurance only in connection with and incidental to the rental of space at a self-service storage facility on a master, corporate, commercial, group or individual policy basis and only with respect to personal property insurance that provides coverage to occupants at the self-service storage facility where the insurance is transacted for the loss of or damage to stored personal property that occurs at that facility.
INSURANCE COVERAGE ON HUMAN LIVES, INCLUDING BENEFITS OF ENDOWMENT AND ANNUITIES, AND MAY INCLUDE BENEFITS IN THE EVENT OF DEATH OR DISMEMBERMENT BY ACCIDENT AND BENEFITS FOR DISABILITY INCOME.
(d) Requirements.--A self-service storage agent shall not offer or sell insurance under this section unless:
(2) ACCIDENT AND HEALTH OR SICKNESS.
(1) The self-service storage agent makes readily available to the prospective occupant brochures or other 20170SB0190PN0179 - 2 - written materials that:
INSURANCE COVERAGE FOR SICKNESS, BODILY INJURY OR ACCIDENTAL DEATH AND MAY INCLUDE BENEFITS FOR DISABILITY INCOME.
(i) Summarize the material terms of insurance coverage offered to occupants, including the identity of the insurer, price, benefits, exclusions and conditions.
(3) PROPERTY.
(ii) Disclose that the policies offered by the self- service storage agent may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, vehicle insurance policy, watercraft insurance policy or other source of property insurance coverage.
INSURANCE COVERAGE FOR THE DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE TO PROPERTY OF EVERY KIND.
(iii) State that if insurance is required as a condition of rental, the requirement may be satisfied by the occupant purchasing the insurance prescribed in this section or by presenting evidence of other applicable insurance coverage.
(4) CASUALTY.
(iv) Describe the process for filing a claim.
INSURANCE COVERAGE AGAINST LEGAL LIABILITY, INCLUDING THAT FOR DEATH, INJURY OR DISABILITY OR DAMAGE TO REAL OR PERSONAL PROPERTY.
(5) VARIABLE LIFE AND VARIABLE ANNUITY PRODUCTS.
INSURANCE COVERAGE PROVIDED UNDER VARIABLE LIFE INSURANCE CONTRACTS AND VARIABLE ANNUITIES.
(6) PERSONAL LINES.
PROPERTY AND CASUALTY INSURANCE COVERAGE SOLD TO INDIVIDUALS AND FAMILIES PRIMARILY FOR NONCOMMERCIAL PURPOSES.
(7) CREDIT.
LIMITED LINE CREDIT INSURANCE.
20170SB0190PN1871 - 2 - (8) MOTOR VEHICLE RENTAL.
LIMITED LINE MOTOR VEHICLE RENTAL INSURANCE.
(8.1) SELF-SERVICE STORAGE.
LIMITED LINE SELF-SERVICE STORAGE INSURANCE.
(9) LIMITED LINE.
ANY OTHER LINE OF INSURANCE AS DETERMINED BY THE INSURANCE COMMISSIONER.
* * * SECTION 2.
SUBARTICLE B OF ARTICLE VI-A OF THE ACT IS AMENDED BY ADDING A DIVISION TO READ:
DIVISION 2.1 SELF-SERVICE STORAGE FACILITY INSURANCE <-- Section 601-B 681-A.
Self-service storage agent PRODUCER <-- licenses.
(a) Authority to issue licenses.--The Insurance Department <-- DEPARTMENT may issue a self-service storage agent license to an <-- owner that has complied with the requirements of this section authorizing the owner to offer or to sell the kinds of insurance prescribed in this section in connection with and incidental to the rental of space at a self-service storage facility.
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THE <-- SELF-SERVICE STORAGE PROVIDER SHALL ALSO BE SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE, ARTICLE XI AND THE ACT OF JULY 22, 1974 (P.L.589, NO.205), KNOWN AS THE UNFAIR INSURANCE PRACTICES ACT.
(b) Application.-- (1) An applicant for a self-service storage agent <-- PRODUCER license shall file a written application in a form <-- prescribed by the department.
The application shall specify all locations in this Commonwealth that the self-service storage agent PRODUCER may conduct business under the <-- license.
20170SB0190PN1871 - 3 - (2) A self-service storage agent PRODUCER is not <-- required to have an individual licensee in each self-service storage facility or place where insurance is transacted.
(3) The self-service storage agent PRODUCER shall notify <-- the department within 30 days after commencing business under the self-service storage agent's PRODUCER'S license at any <-- additional locations in this Commonwealth or of those locations in this Commonwealth that cease to do business under the license.
(c) Sale of insurance.--A self-service storage agent <-- PRODUCER may offer or sell insurance only in connection with and <-- incidental to the rental of space at a self-service storage facility on a master, corporate, commercial, group or individual policy basis and only with respect to personal property insurance that provides PRIMARY coverage to occupants at the <-- self-service storage facility where the insurance is transacted for the loss of or damage to stored personal property that <-- occurs at that facility OR WHILE THE PERSONAL PROPERTY IS IN <-- TRANSIT DURING THE RENTAL AGREEMENT.
(d) Requirements.--A self-service storage agent PRODUCER <-- shall not offer or sell insurance under this section unless:
(1) The self-service storage agent PRODUCER makes <-- readily available to the prospective occupant brochures or other written materials that:
(i) Summarize the material terms of insurance coverage offered to occupants, including the identity of the insurer, price, benefits, DEDUCTIBLES, exclusions and <-- conditions.
(ii) Disclose that the policies offered by the self- service storage agent PRODUCER may provide a duplication <-- 20170SB0190PN1871 - 4 - of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, vehicle insurance policy, watercraft insurance policy or other source of property insurance coverage.
THE DISCLOSURE <-- SHALL BE PROMINENTLY DISPLAYED IN THE BROCHURE OR OTHER WRITTEN MATERIALS WITH AT LEAST 12-POINT BOLD TYPE.
(III) STATE THAT THE INSURANCE PRESCRIBED IN THIS SECTION IS PRIMARY COVERAGE OVER ANY OTHER COVERAGE COVERING THE SAME LOSS.
(iii) (IV) State that if insurance is required as a <-- condition of rental, the requirement may be satisfied by the occupant purchasing the insurance prescribed in this section or by presenting evidence of other applicable insurance coverage.
(V) STATE THAT THE PURCHASE OF THE INSURANCE <-- PRESCRIBED IN THIS SECTION IS NOT REQUIRED IN ORDER TO RENT STORAGE SPACE.
THE STATEMENT SHALL BE PROMINENTLY DISPLAYED IN THE BROCHURE OR OTHER WRITTEN MATERIALS WITH AT LEAST 12-POINT BOLD TYPE.
(iv) (VI) Describe the process for filing a claim.
<-- (VII) INCLUDE CONTACT INFORMATION FOR FILING A <-- COMPLAINT WITH THE COMMISSIONER.
20170SB0190PN1871 - 5 - (e) Employee or agent AUTHORIZED REPRESENTATIVE.-- <-- (1) An employee or agent AUTHORIZED REPRESENTATIVE of a <-- self-service storage agent PRODUCER may act on behalf of and <-- under the supervision of the self-service storage agent <-- PRODUCER in matters relating to the conduct of business under <-- the license that is issued under this section.
(e) Employee or agent.-- (1) An employee or agent of a self-service storage agent may act on behalf of and under the supervision of the self- service storage agent in matters relating to the conduct of business under the license that is issued under this section.
(2) The conduct of an employee or agent AUTHORIZED <-- REPRESENTATIVE of a self-service storage agent PRODUCER <-- acting within the scope of employment or agency is deemed the conduct of the self-service storage agent PRODUCER for <-- purposes of this section.
(2) The conduct of an employee or agent of a self- 20170SB0190PN0179 - 3 - service storage agent acting within the scope of employment or agency is deemed the conduct of the self-service storage agent for purposes of this section.
(3) THE SELF-SERVICE STORAGE PRODUCER SHALL MAINTAIN A <-- REGISTER, ON A FORM WHICH THE COMMISSIONER REQUIRES, OF EACH EMPLOYEE OR AUTHORIZED REPRESENTATIVE OF THE SELF-SERVICE STORAGE PRODUCER WHO OFFERS THE INSURANCE PRESCRIBED IN THIS SECTION ON BEHALF OF THE SELF-SERVICE STORAGE PRODUCER AND SHALL, UPON REQUEST OF THE COMMISSIONER, SUBMIT THE REGISTER FOR INSPECTION BY THE COMMISSIONER.
(f) Training.--Each self-service storage agent shall provide a training program that gives employees and agents of the self- service storage agent basic instruction about the provisions of this section, including the kinds of insurance coverage prescribed in this section.
(f) Training.--Each self-service storage agent PRODUCER <-- shall provide, OR CAUSE A LICENSED PRODUCER TO PROVIDE, a <-- training program that gives employees and agents AUTHORIZED <-- REPRESENTATIVES of the self-service storage agent PRODUCER basic <-- instruction about the provisions of this section, including the <-- kinds of insurance coverage prescribed in this section., <-- INCLUDING THE FOLLOWING:
(g) Prohibitions.--A self-service storage agent may not:
(1) GENERAL INFORMATION ABOUT HOMEOWNERS, RENTERS, BUSINESS AND SIMILAR INSURANCE THAT AN OCCUPANT MAY HAVE THAT MAY PROVIDE COVERAGE FOR PROPERTY STORED AT A SELF-SERVICE STORAGE FACILITY.
(2) INFORMATION ABOUT THE MATERIAL TERMS OF INSURANCE 20170SB0190PN1871 - 6 - COVERAGE OFFERED TO OCCUPANTS, INCLUDING THE PRICE, BENEFITS, DEDUCTIBLES, EXCLUSIONS AND CONDITIONS OF THE INSURANCE.
(3) THE DISCLOSURES REQUIRED UNDER SUBSECTION (D).
(g) Prohibitions.--A self-service storage agent PRODUCER may <-- not:
(2) Advertise, represent or otherwise portray itself or any of its employees or agents AUTHORIZED REPRESENTATIVES as <-- licensed insurers or insurance producers.
(2) Advertise, represent or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers.
(H) ENFORCEMENT.--A VIOLATION OF THIS SECTION SHALL <-- CONSTITUTE A VIOLATION OF THIS ACT AND SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS 691-A AND 692-A.
(h) Exclusions.--Nothing in this section shall be construed to prohibit:
(h) (I) Exclusions.--Nothing in this section shall be <-- construed to prohibit:
(1) An insurer from paying, and a self-service storage agent from receiving, a commission, service fee or other valuable consideration dependent on the sale of insurance.
(1) An insurer from paying, and a self-service storage agent PRODUCER from receiving, a commission, service fee or <-- other valuable consideration dependent on the sale of insurance.
(2) A self-service storage agent from paying, and its employees or agent from receiving, production payments or incentive payments if the payments are not dependent on the sale of insurance.
(2) A self-service storage agent PRODUCER from paying, <-- and its employees or agent AUTHORIZED REPRESENTATIVE from <-- receiving, production payments or incentive payments if the payments are not dependent on the sale of insurance.
(i) Promotional materials.--An owner is not required to be licensed under this section solely to display and make available to prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer or by a surplus lines insurer under this article.
(i) (J) Promotional materials.--An owner is not required to <-- be licensed under this section solely to display and make available to prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer or by a surplus lines insurer under this article.
(j) Continuing education.--A self-service storage agent is 20170SB0190PN0179 - 4 - not subject to continuing education requirements.
IF THE <-- OWNER AND ITS UNLICENSED EMPLOYEES AND AUTHORIZED 20170SB0190PN1871 - 7 - REPRESENTATIVES DO NOT SOLICIT PROSPECTIVE OCCUPANTS TO PURCHASE THE INSURANCE.
(k) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
(j) (K) Continuing education.--A self-service storage agent <-- PRODUCER is not subject to continuing education requirements.
"Occupant." A person or the person's sublessee, successor or assign who is entitled to the use of a leased space or spaces at a self-service storage facility, to the exclusion of others.
<-- (k) (L) Definitions.--As used in this section, the following <-- words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Occupant." A person or the person's sublessee, successor or <-- assign who is entitled to the use of a leased space or spaces at a self-service storage facility, to the exclusion of others.
"OCCUPANT." AS DEFINED IN SECTION 2 OF THE ACT OF DECEMBER <-- 20, 1982 (P.L.1404, NO.325), KNOWN AS THE SELF-SERVICE STORAGE FACILITY ACT.
"Self-service storage agent." An owner or self-service storage facility operator who is licensed under this section.
"OWNER." AS DEFINED IN SECTION 2 OF THE SELF-SERVICE STORAGE FACILITY ACT.
"Self-service storage facility." Real property that is used for renting or leasing storage space in which occupants store and remove personal property on a self-service basis.
"PERSONAL PROPERTY." AS DEFINED IN SECTION 2 OF THE SELF- SERVICE STORAGE FACILITY ACT.
Section 2.
"Self-service storage agent PRODUCER." An owner or self- <-- service storage facility operator who is licensed under this <-- section.
"Self-service storage facility." Real property that is used <-- for renting or leasing storage space in which occupants store 20170SB0190PN1871 - 8 - and remove personal property on a self-service basis.
Section 2 3.
<-- 20170SB0190PN1871 - 9 -
20170SB0190PN0179 - 5 -
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Action History

  1. Re-referred to APPROPRIATIONS

  2. Second consideration

  3. First consideration

  4. PN 1871 Reported as amended

  5. PN 0179 Referred to BANKING AND INSURANCE

Sponsors

  • Browne · Cosponsor
  • Scott Martin · Cosponsor
  • Mcgarrigle · Primary
  • Killion · Cosponsor
  • Rafferty · Cosponsor
  • Reschenthaler · Cosponsor
  • Patrick J. Stefano · Cosponsor
  • Vulakovich · Cosponsor
  • Mensch · Cosponsor
  • Jay Costa · Cosponsor

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 243 not signed on

Sponsors (1)

  • Mcgarrigle

Co-sponsors (9)

Not signed on (243)

243 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Committee vote (BANKING AND INSURANCE): Reported as Amended

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 8000
Republican 4000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
BREWSTER — Yea
EICHELBERGER — Yea
FARNESE — Yea
KILLION — Yea
MCGARRIGLE — Yea
RESCHENTHALER — Yea
WARD — Yea
SCARNATI — Yea
Christine M. Tartaglione Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Daniel Laughlin Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Martina A. White Republican Yea

Official roll call →

Subjects

finance health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 190?
SB 190 is sponsored by Browne, Scott Martin (Republican), Mcgarrigle, Killion, Rafferty, Reschenthaler, Patrick J. Stefano (Republican), Vulakovich, Mensch, and Jay Costa (Democratic).
What is the current status of SB 190?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 190?
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