North Carolina 2019-2020 Session Status: Passed House 2 R cosponsors

HB 221 — Rate-Making Amendments.-AB

Last action — Amend Adopted A1

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

This bill died with 2019-2020 Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

41 added · 47 removed

Plain-language change summary

The latest version of HB 221 has clarified that insurance companies cannot require policyholders to accept optional enhancements before they can renew or receive a policy. Additionally, the duration of surcharges related to driving violations has been established: typically, they will last three years, but more severe offenses may lead to a longer five-year surcharge. A new condition adds that drivers with less than three years of experience will face different surcharges based on when they received their license. These changes aim to protect consumers from unfair policy conditions and provide clearer guidelines on how surcharges are applied, which is important for helping drivers understand their insurance costs.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 221* Committee Substitute Favorable 4/11/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 221* Short Title:
Representatives Setzer, Bumgardner, and Corbin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 28, 2019 A BILL TO BE ENTITLED AN ACT TO AMEND THE INSURANCE RATE-MAKING LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.
Insurance, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House February 28, 2019 A BILL TO BE ENTITLED AN ACT TO AMEND THE INSURANCE RATE-MAKING LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.
A companyshall not condition (i) the acceptance or renewal of a policy, (ii) anyunderwriting criteria, or (iii) any rating criteria upon the acceptance by the policyholder of any optional *H221-v-2* General Assembly Of North Carolina Session 2019 automobile or homeowners' enhancements authorized by this section.
*H221-v-1* General Assembly Of North Carolina Session 2019 A companyshall not condition (i) the acceptance or renewal of a policy, (ii) anyunderwriting criteria, or (iii) any rating criteria upon the acceptance by the policyholder of any optional automobile or homeowners' enhancements authorized by this section.
58-36-65(i) reads as rewritten:
"(i) As used in this section, "conviction" means a conviction as defined in G.S.
20-279.1 plea of guilty, a plea of no contest, or the determination of guilt by a jury or by a court, even if no sentence has been imposed or, if imposed, has been suspended, and it includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant, unless the forfeiture has been vacated and means an infraction as defined in G.S.
14-3.1." SECTION 3.(b) G.S.
"(j) Subclassification plan surcharges shall be applied to a policy for a period of not less nor more than three policy years.
"(j) Subclassification plan surcharges shall be applied to a policy for a period of not less nor more than three policy years.years;
However, for convictions for which four or more points under the Plan are assigned, other than convictions for speeding in excess of the posted speed limit, subclassification plan surcharges shall be applied to a policy for a period of not less nor more than five policy years." SECTION 3.(c) G.S.
provided, however, that for convictions for which four or more points under the Plan are assigned, other than convictions for speeding in excess of the posted speed limit, subclassification plan surcharges for convictions shall be applied to a policy for a period of not less nor more than five policy years." SECTION 3.(b) G.S.
Notwithstanding subsection (j) of this section, for insureds receiving a drivers license for the first time on or after October 1, 2019, the subclassification plan may provide for premium surcharges for insureds having less than eight years' driving experience as licensed drivers." SECTION 3.(d) G.S.
For insureds receiving a drivers license for the first time on or after October 1, 2019, the subclassification plan may provide for premium surcharges for insureds having less than eight years' driving experience as licensed drivers." SECTION 3.(c) G.S.
For purposes of this subsection, convictions on a driving record shall include convictions for which a prayer for judgment continued was granted.
For purposes of this section, convictions on a drivingrecord shall includeconvictions for which aprayerfor judgment continued was granted.
Subsection (b) of Section 3 becomes effective October 1, 2020, and applies to drivers convicted of moving violations on or after that date.
Subsection (a) of Section 3 becomes effective October 1, 2020, and applies to drivers convicted of moving violations on or after that date.
Subsection (d) of Section 3 becomes effective October 1, 2019.
Subsection (c) of Section 3 becomes effective October 1, 2019.
Page 2 House Bill 221*-Second Edition
Page 2 House Bill 221*-First Edition
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Action History

  1. Amend Adopted A1

  2. Passed 2nd Reading

  3. Passed 3rd Reading

  4. Ordered Engrossed

  5. Special Message Sent To Senate

  6. Special Message Received From House

  7. Passed 1st Reading

  8. Ref To Com On Rules and Operations of the Senate

  9. Reptd Fav Com Sub 2

  10. Cal Pursuant Rule 36(b)

  11. Added to Calendar

  12. Withdrawn From Cal

  13. Re-ref to the Com on Insurance, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House

  14. Serial Referral To Judiciary Stricken

  15. Withdrawn From Com

  16. Re-ref Com On Rules, Calendar, and Operations of the House

  17. Reptd Fav Com Sub 3

  18. Cal Pursuant Rule 36(b)

  19. Placed On Cal For 05/07/2019

  20. Reptd Fav

  21. Re-ref Com On Rules, Calendar, and Operations of the House

  22. Reptd Fav Com Substitute

  23. Re-ref Com On Transportation

  24. Passed 1st Reading

  25. Ref to the Com on Insurance, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House

  26. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on · 2 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"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

A1 Stevens Second Reading

Passed 116 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 24001
Republican 32001
Unaffiliated 58002
U 2000
Total 116004
% of votes cast 97%0%0%3%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Moore — Not Voting
L. Johnson — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Not Voting
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Second Reading

Passed 114 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 23101
Republican 31101
Unaffiliated 58002
U 2000
Total 114204
% of votes cast 95%2%0%3%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Moore — Not Voting
L. Johnson — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Nay
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Not Voting
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Nay
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

transportation
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 HB 221?
HB 221 is sponsored by Mitchell S. Setzer (Republican), Bumgardner, and Kevin Corbin (Republican).
What is the current status of HB 221?
This bill died with 2019-2020 Session. It reached “Passed House” 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 HB 221?
Track HB 221 free on One Click Politics — get push/email alerts when it moves.

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