Amendment vs bill House Committee Amendment, #1415, INS, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB903 4878 1415 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Insurance to Original House Bill No.
903 BY REPRESENTATIVE ILLG AN ACT ToamendandreenactR.S.22:18(A),257(B),1019.3(D)(2),1529(B),1554(A)(introductory paragraph), 1672(A)(introductory paragraph), 1770, and 1808.8(A)(introductory paragraph), relative to fines issued by the commissioner;
903 by Representative Illg AMENDMENT NO.
to provide for certain limitations;
1 On page 1, line 4, change "to remove certain" to "to provide for certain" AMENDMENT NO.
to make technical changes;
2 On page 1, delete lines 17 and 18 in their entiretyand insert in lieu thereof the following:
to provide for effectiveness;
"perinsurer,person,or entity, up to one five hundred thousand dollars aggregate for all violations in a calendar year per insurer, person, or entity, when if such violations" AMENDMENT NO.
and to provide for related matters.
3 On page 2, delete line 15 in its entirety and insert in lieu thereof the following:
Be it enacted by the Legislature of Louisiana:
"and up to one five hundred thousand dollars aggregate for all violations in a calendar" AMENDMENT NO.
Section 1.
4 On page 2, at the beginning of line 16, insert "year." AMENDMENT NO.
R.S.
5 On page 2, delete lines 27 and 28 in their entiretyand insert in lieu thereof the following:
22:18(A), 257(B), 1019.3(D)(2), 1529(B), 1554(A)(introductory paragraph),1672(A)(introductoryparagraph),1770,and1808.8(A)(introductoryparagraph) are herebyamended and reenacted to read as follows:
"per health insurance issuer, up to one five hundred thousand dollars aggregate for all violations in a calendar year per health insurance issuer, when if such violations, in" AMENDMENT NO.
§18.
6 On page 3, between lines 5 and 6, insert a set of asterisks "***" AMENDMENT NO.
Suspension or revocation of insurers' licenses;
7 On page 3, delete lines 9 and 10 in their entiretyand insert in lieu thereof the following:
fines;
"foreachviolation.Nofineorfinesshallbeimposedagainstalessor,pursuanttothis Section, which aggregates in excess of ten fifty thousand dollars in any calendar year." AMENDMENT NO.
orders A.Thecommissionerofinsurancemay,asapenalty,inaccordancewithR.S.
8 On page 3, delete lines 15 and 16 in their entiretyand insert in lieu thereof the following:
49:977.3, refuse to renew, or may suspend or revoke, the certificate of authority or license of anyinsurer, person, or entity violating anyof the provisions of this Code, or in lieu of suspension or revocation of a certificate or license duly issued, the commissioner maylevya fine not to exceed one thousand dollars for each violation per insurer, person, or entity, up to one hundred thousand million dollars aggregate for all violations in a calendar year per insurer, person, or entity, when if such violationswarranttherefusal,suspension,orrevocationofsuchcertificateorlicense, or the imposition of the fine.
"exceed five hundred dollars for each violation occurring, up to ten fifty thousand dollars aggregate for all violations in a calendar year per applicant or licensee, or any" AMENDMENT NO.
The commissioner is also authorized to mayalso order any insurer, person, or entity to cease and desist any such action that violates any provision of this Code.
9 On page 3, delete lines 22 and 23 in their entiretyand insert in lieu of thereofthe following:
Anaggrievedpartyaffectedbythe commissioner's decision, Page 1 of 4 CODING:
"nottoexceedfivehundreddollarsforeachviolationuptotenfiftythousanddollars aggregate for all violations in a calendar year, unless a fine is established byseparate" AMENDMENT NO.
10 On page 4, delete line 2 in its entirety and insert in lieu thereof the following:
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HB NO.
HCAHB903 4878 1415 "up to one five hundred thousand dollars in the aggregate for all violations in a calendar" AMENDMENT NO.
903 ENROLLED act,orordermaydemand a hearingin accordancewith Chapter12ofthis Title, R.S.
11 On page 4, at the beginning of line 3, insert "year" AMENDMENT NO.
22:2191 et seq.
12 On page 4, delete lines 9 and 10 in their entiretyand insert in lieu thereof the following:
If the insurer has demanded a timely hearing, the penalty or fine ordered bythe commissioner shall not be imposed until such time as the division of administrative law makes a finding that the penalty or fine is warranted in a proper hearing held in the manner provided in Chapter 12 of this Title.
"fine not to exceed five hundred dollars for each violation occurring, up to ten fifty thousand dollars aggregate for all violations in a calendar year per applicant or" Page 2 of 2 CODING:
* * * §257.
Suspension or revocation of certificate of authority * * * B.
A certificate of authority shall be suspended or revoked only after compliance with the requirements of R.S.
22:259 except in cases where such delay would cause irreparable harm or substantial monetary loss in the opinion of the commissioner.
In lieu of suspension or revocation of a license duly issued, the commissioner maylevya fine not to exceed one thousand dollars for each violation and up to one hundred thousand one million dollars aggregate for all violations in a calendar year.
The commissioner of insurance is authorized to suspend the imposition of the fines authorized under pursuant to this Section.
* * * §1019.3.
Enforcement provisions;
penalties;
regulations * * * D.
* * * (2) Thecommissionermayrefusetorenew,suspend,orrevokethecertificate of authority of any health insurance issuer violating any of the provisions of this Subpart, or in lieu of suspension or revocation of a license duly issued, the commissioner maylevya fine not to exceed one thousand dollars for each violation perhealthinsuranceissuer,uptoonehundredthousandmilliondollarsaggregatefor all violations in a calendar year per health insurance issuer, when if such violations, in his opinion, after a proper hearing, warrant the refusal, suspension, or revocation of such certificate, or the imposition of a fine.
The commissioner of insurance is authorized to may withhold fines imposed under pursuant to this Subpart.
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HB NO.
903 ENROLLED hearingshallbeheldinthemannerprovidedinChapter12ofthisTitle,R.S.22:2191 et seq.
Additionally, the commissioner may take any other administrative action, including imposing those fines and penalties enumerated in R.S.
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22:18.
* * * §1529.
Penalties * * * B.
A monetary penalty not to exceed five hundred dollars may be imposed foreachviolation.
Nofineorfinesshallbeimposedagainstalessor,pursuanttothis Section, which aggregates in excess of ten one hundred thousand dollars in any calendar year.
* * * §1554.
License denial, nonrenewal, or revocation A.
The commissioner mayplace on probation, suspend, revoke, or refuse to issue, renew, or reinstate an insurance producer license, or may levy a fine not to exceed five hundred dollars for each violation occurring, up to ten one hundred thousand dollars aggregate for all violations in a calendar year per applicant or licensee,oranycombinationofactions,foranyoneormoreofthefollowingcauses:
* * * §1672.
License denial, nonrenewal, or revocation A.Thecommissionerofinsurancemayplaceonprobation,suspend,revoke, or refuse to issue, renew, or reinstate a claims adjuster's license or may levy a fine notto exceedfivehundreddollarsforeachviolation upto tenonehundredthousand dollars aggregate for all violations in a calendar year, unless a fine is established by separate statute in this Title authorizing a greater penalty, or any combination of actions, for any one or more of the following causes:
* * * §1770.
Penalties for violations In the event that any provision of this Part or other applicable provision of this Title is violated by a limited licensee, the commissioner may revoke, suspend, refuse to renew, or levya fine not to exceedone thousand dollars for each violation, Page 3 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
903 ENROLLED up to one hundred thousand million dollars in the aggregate for all violations in a calendaryearperlimitedlicensee,orimposesuchotherpenaltyasthecommissioner may deem necessaryor convenient to carryout the purposes of this Part.
* * * §1808.8.
License denial, suspension, nonrenewal, or revocation A.Thecommissionerofinsurancemayplaceonprobation,suspend,revoke, or refuse to issue, renew, or reinstate an insurance consultant license, or maylevya fine not to exceed five hundred dollars for each violation occurring, up to ten one hundredthousanddollarsaggregateforallviolationsinacalendaryearperapplicant orlicensee,oranycombinationoftheseactions,foranyoneormoreofthefollowing causes:
* * * Section 2.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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