SELF-SERVICE STORAGE INSURANCE LICENSE ACT
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SB 378 — SELF-SERVICE STORAGE INSURANCE LICENSE ACT
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Prognosis
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Enacted
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Bill Text
What changed in the latest version
441 added · 609 removedPlain-language change summary
The updated version of Bill SB 378 has introduced a more organized structure by clearly including a title, "Self-Service Storage Insurance License Act," and providing specific definitions for terms related to self-service storage insurance. This matters because it establishes a formal framework for regulating insurance associated with storage facilities, ensuring that all parties involved have a clear understanding of their rights and obligations. By defining terms like "occupant" and "owner," the bill aims to protect consumers and make the insurance process more transparent.
SENATEAN BILLACT 378RELATING 54TO THINSURANCE; LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY George K.
Munoz 6 8 10 AN ACT RELATING TO INSURANCE;
156 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
A new section of the New Mexico Insurance Code e t 17 is enacted to read:
w"SHORT l n d 18 "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 11 of = = 19 a l this act may be cited as the "Self-Service Storage Insurance i a e r 20 License Act"." a t m m 21 SECTION 2.
A new section of the New Mexico Insurance Code d r e 22 is enacted to read:
c"DEFINITIONS.--As e s k 23 "[NEW MATERIAL] DEFINITIONS.--As used in the Self-Service e a n b 24 Storage Insurance License Act:
u [ A.
"occupant" means a person who is entitled to the .211850.1 use of storage space at a self-service storage facility, to the exclusion of others, under terms of a rental agreement, including a sublessee, successor or assignee;
"personal property" means movable property not affixed to land, and includes goods, merchandise and SB 378 household items;
Page 1 D.
"rental agreement" means any written agreement or lease between the owner and the occupant that establishes or modifies the terms, conditions or rules or any other provisions concerning the use and occupancy of storage space at a self-self-service service storage facility;
"self-service storage facility" means any real e e 17 property designed and used in the business of providing leased e e n d 18 or rented storage space to occupants who have access to such = = l ] 19 facility for the purpose of storing and removing personal a l r i 20 property;
t e a t F.
"self-service storage insurance" means personal m m 21 e d r e 22 or commercial property insurance offered to an occupant in c e r c 23 connection with and incidental to the rental of storage space e a n b 24 at a self-service storage facility and that provides coverage u [ for the loss of or damage to the occupant's personal property .211850.1 - 2 - that occurs at the self-service storage facility or when such property is in transit to or from the facility during the period of the rental agreement;
"supervising entity" means an insurer issuing self-service storage insurance or a licensed insurance SB 378 Page 2 producer licensed pursuant to Article 11 of the Insurance Code that is authorized by an insurer to supervise the administration of a self-service storage insurance program." SECTION 3.
"[NEW"SELF-SERVICE MATERIAL] SELF-SERVICE STORAGE INSURANCE PRODUCER e e 17 LICENSE.-- e e n d 18 A.
The superintendent may issue a self-service = = l ] 19 storage insurance producer license to an applicant who is a l r i 20 qualified to solicit or sell self-service storage insurance.
t e a t B.
An owner shall not sell, solicit or offer m m 21 e d r e 22 self-service storage insurance unless the owner has complied c e r c 23 with the requirements of the Self-Service Storage Insurance e a n b 24 License Act and has been issued a self-service storage u [ insurance producer license by the superintendent.
.211850.1 - 3 - C.
A self-service storage insurance producer license authorizes the licensee and its employees and authorized representatives to sell, solicit and offer self-self-service service storage insurance to occupants at any self-service storage facility at which the owner conducts business.
An owner is not required to be licensed as a self-service storage insurance producer solely to display and make available to occupants and prospective occupants SB 378 Page 3 brochures and other promotional materials created by or on behalf of an insurer, if the owner and its unlicensed employees and authorized representatives do not sell, solicit or offer self-self-service service storage insurance.
A licensee pursuant to this section may provide self-service storage insurance under an individual policy or e e 17 under a commercial, corporate, group or master policy.
e e n d 18 G.
= = l ] 19 (1) require an occupant to purchase insurance a l r i 20 offered by the owner as a requirement to lease storage space at t e a t a self-service storage facility;
or m m 21 e d r e 22 (2) advertise, represent or otherwise hold the c e r c 23 owner's self out as a self-service storage insurance producer e a n b 24 unless licensed pursuant to the Self-Service Storage Insurance u [ License Act." .211850.1 - 4 - SECTION 4.
"[NEW"REGISTRY MATERIAL] REGISTRY OF AUTHORIZED LOCATIONS.-- A.
The supervising entity shall maintain a registry of each location at which a self-self-service service storage insurance producer is authorized to SB 378 Page 4 sell, solicit or offer self-service storage insurance in this state.
(1) engaging in the sale or solicitation of e e 17 self-service storage insurance at any additional location in e e n d 18 the state;
or = = l ] 19 (2) ceasing to sell, solicit or offer self-self-service a l r i 20 service storage insurance." t e a t SECTION 5.
A new section of the New Mexico Insurance Code m m 21 e d r e 22 is enacted to read:
c"DISCLOSURE e r c 23 "[NEW MATERIAL] DISCLOSURE OF TERMS.-- e a n b 24 A.
A self-service storage insurance producer shall u [ not sell, solicit or offer self-service storage insurance to .211850.1 - 5 - occupants at any location unless the licensee makes available a brochure or other written or electronic material that:
(2) states that the purchase by the occupant SB 378 Page 5 of the self-service storage insurance offered by the owner is not required in order to lease storage space at the self-self-service service storage facility;
e e 17 (b) the price of coverage and how e e n d 18 payment shall be made;
= = l ] 19 (c) the identity of the supervising a l r i 20 entity;
t e a t (d) deductibles, exclusions and m m 21 e d r e 22 conditions;
c e r c 23 (e) benefits of the coverage;
and e a n b 24 (f) key terms and conditions of u [ coverage;
Show all 111 changed lines (71 more)
.211850.1 - 6 - (4) summarizes the process for filing a claim;
The written or electronic material required SB 378 Page 6 pursuant to this section shall be submitted to the superintendent for approval upon request." SECTION 6.
"[NEW"AUTHORIZED MATERIAL] AUTHORIZED EMPLOYEES AND REPRESENTATIVES.-- A.
At the time of filing a self-service storage insurance producer license application, the applicant shall e e 17 establish a list of the names of all employees and authorized e e n d 18 representatives whose duties may include offering and selling = = l ] 19 self-service storage insurance.
a l r i 20 (1) maintained by the licensee in a form t e a t prescribed by the superintendent;
m m 21 e d r e 22 (2) updated annually;
and c e r c 23 (3) retained by the self-service storage e a n b 24 facility for three years and made available to the u [ superintendent for review and inspection upon request.
.211850.1 - 7 - B.
An employee or authorized representative of a self-service storage insurance producer may sell, solicit and SB 378 Page 7 offer self-service storage insurance to occupants and shall not be subject to licensure as an insurance producer." SECTION 7.
"[NEW"COMMISSIONS.--A MATERIAL] COMMISSIONS.--A self-service storage insurance producer shall not compensate an employee or authorized representative based primarily on the number of e e 17 occupants that purchase self-service storage insurance from the e e n d 18 self-service storage insurance producer unless that = = l ] 19 compensation is incidental to the employee's or authorized a l r i 20 representative's overall compensation." t e a t SECTION 8.
A new section of the New Mexico Insurance Code m m 21 e d r e 22 is enacted to read:
c"REQUIRED e r c 23 "[NEW MATERIAL] REQUIRED TRAINING PROGRAMS.-- e a n b 24 A.
The supervising entity shall supervise the u [ administration of the self-service storage insurance program, .211850.1 - 8 - including development of a training program approved by the superintendent for employees and authorized representatives of the self-service storage insurance producer.
The training shall inform employees and SB 378 Page 8 authorized representatives:
and (3) about the self-service storage insurance e e 17 offered to occupants and regarding the disclosures required e e n d 18 pursuant to the Self-Service Storage Insurance License Act.
= = l ] 19 D.
The training materials used by or on behalf of a l r i 20 the self-service storage facility to train employees and t e a t authorized representatives shall be submitted to the m m 21 e d r e 22 superintendent at the time the owner applies for a self-service c e r c 23 storage insurance producer license and whenever modified.
Any e a n b 24 changes to those training materials shall be submitted to the u [ superintendent prior to their use by the licensee and in a form .211850.1 - 9 - prescribed by the superintendent.
Failure by a self-service storage facility to submit training materials or changes for the superintendent's review, or use of disapproved training materials, shall SB 378 Page 9 constitute grounds for the denial of an application for license, nonrenewal of a license or a suspension of a license." SECTION 9.
"[NEW"COLLECTION MATERIAL] COLLECTION OF FEES.-- A.
Charges for self-service storage insurance coverage may be billed and collected by a self-service storage e e 17 insurance producer.
e e n d 18 B.
A charge to an occupant for coverage that is not = = l ] 19 included in the cost associated with the rental of storage a l r i 20 space shall be separately itemized on the occupant's bill.
t e a t C.
If self-service storage insurance coverage is m m 21 e d r e 22 included with the rental of storage space, the self-service c e r c 23 storage insurance producer shall clearly and conspicuously e a n b 24 disclose to the occupant in the rental invoice or otherwise u [ that the self-service storage insurance coverage is included .211850.1 - 10 - with charges for the rental of storage space.
A new section of the New Mexico Insurance SB 378 Page 10 Code is enacted to read:
"FIDUCIARY FUNDS.-- A.
Self-service storage insurance producers billing and collecting charges shall comply with the fiduciary requirements set forth in Section 59A-12-22 NMSA 1978, except that, pursuant to Paragraph (1) of Subsection B of Section 59A-12-22 NMSA 1978, the self-service storage insurance producer may remit received premiums, less applicable commissions, if any, and return premiums to the insurer or supervising entity within a time established by contract with the insurer or supervising entity, not to exceed sixty days after such receipt.
B.
All money received by a self-service storage insurance producer or its employees or authorized representatives from an occupant for the sale of self-service storage insurance shall be held by the self-service storage insurance producer in a fiduciary capacity for the benefit of the insurer.
A self-service storage insurance producer may receive compensation for billing and collection services, as established by contract with the insurer or supervising entity." SECTION 11.
"[NEW"PENALTIES.--After MATERIAL]notice FIDUCIARYand FUNDS.--hearing A.by the superintendent, the superintendent may impose by SB 378 Page 11 administrative penalty upon a person who violates a provision of the Self-Service Storage Insurance License Act the following:
Self-service storage insurance producers billing and collecting charges shall comply with the fiduciary requirements set forth in Section 59A-12-22 NMSA 1978, except that, pursuant to Paragraph (1) of Subsection B of Section 59A-12-22 NMSA 1978, the self-service storage insurance producer may remit received premiums, less applicable commissions, if any, and return premiums to the insurer or e e 17 supervising entity within a time established by contract with e e n d 18 the insurer or supervising entity, not to exceed sixty days = = l ] 19 after such receipt.
a l r i 20 B.
All money received by a self-service storage t e a t insurance producer or its employees or authorized m m 21 e d r e 22 representatives from an occupant for the sale of self-service c e r c 23 storage insurance shall be held by the self-service storage e a n b 24 insurance producer in a fiduciary capacity for the benefit of u [ the insurer.
A self-service storage insurance producer may .211850.1 - 11 - receive compensation for billing and collection services, as established by contract with the insurer or supervising entity." SECTION 11.
A new section of the New Mexico Insurance Code is enacted to read:
"[NEW MATERIAL] PENALTIES.--After notice and hearing by the superintendent, the superintendent may impose by administrative penalty upon a person who violates a provision of the Self-Service Storage Insurance License Act the following:
suspension or revocation of the rights of e e 17 individual employees or authorized representatives of a self-self-service e e n d 18 service storage insurance producer to act under the license;
or = = l ] 19 D.
suspension or revocation of the self-service a l r i 20 storage insurance producer's or supervising entity's license to t e a t transact insurance in this state." m m 21 e d r e 22 SECTION 12.
Section 59A-12-16 NMSA 1978 (being Laws 1984, c e r c 23 Chapter 127, Section 217, as amended) is amended to read:
e a n b 24 "59A-12-16.
EXAMINATION FOR LICENSE.-- u [ A.
A resident individual applying for an insurance .211850.1 - 12 - producer license shall, prior to issuance of license, personally take and pass a written examination.
The examination shall test the knowledge of the individual concerning the lines of authority for which application is SB 378 Page 12 made, the duties and responsibilities of an insurance producer and the insurance laws and rules of this state.
An individual who fails to appear for the examination as scheduled or fails to pass the examination shall e e 17 reapply for an examination and remit all required fees and e e n d 18 forms before being rescheduled for another examination.
= = l ] 19 E.
a l r i 20 (1) for renewal or continuance of an existing t e a t license, except as provided in Subsection D of Section m m 21 e d r e 22 59A-11-10 NMSA 1978;
c e r c 23 (2) of an applicant for limited license as e a n b 24 provided in Section 59A-12-18 NMSA 1978;
u [ (3) of applicants with respect to life and .211850.1 - 13 - annuities or accident and health insurances who hold the chartered life underwriter [(C.L.U.) ] designation by the American college of [life underwriters ] financial services;
(4) of applicants with respect to property SB 378 Page 13 and casualty insurance who hold the designation of chartered property and casualty underwriter [(C.P.C.U.) ] designation by the American institute [of ] for chartered property [and] casualty underwriters;
(6) of an applicant for a license covering the same kind or kinds of insurance as to which licensed in this state under a similar license within five years preceding date of application for the new license, unless the previous license was suspended, revoked or continuation thereof refused by the ] superintendent;
[or e e 17 (7) of an applicant for insurance producer e e n d 18 license, if the applicant took and passed a similar examination = = l ] 19 in a state in which already licensed, subject to Section a l r i 20 59A-5-33 NMSA 1978;
or t e a t (8) of an applicant for self-service storage m m 21 e d r e 22 insurance producer license.
c e r c 23 F.
An individual who applies for an insurance e a n b 24 producer license in this state who was previously licensed for u [ the same lines of authority in another state shall not be .211850.1 - 14 - required to take an examination.
This exemption is only available if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of SB 378 Page 14 cancellation, the applicant was in good standing in that state or the state's insurance producer database records, maintained by the national association of insurance commissioners, its affiliates or subsidiaries, indicate that the insurance producer is or was licensed in good standing for the line of authority requested.
No examination shall be required of that person to obtain any line of authority previously held in the e e 17 prior state except where the superintendent determines e e n d 18 otherwise by rule." = = l ] 19 SECTION 13.
Section 59A-12-26 NMSA 1978 (being Laws 1984, a l r i 20 Chapter 127, Section 227, as amended) is amended to read:
t e a t "59A-12-26.
CONTINUING EDUCATION.-- m m 21 e d r e 22 A.
The superintendent shall require as a condition c e r c 23 to continuation of an insurance producer license that during e a n b 24 the twenty-four months next preceding expiration of the current u [ license period the licensee has attended the minimum number of .211850.1 - 15 - hours of formal class instruction, lectures or seminars required and approved by the superintendent covering the kinds of insurance for which licensed.
Instruction shall be designed to refresh the SB 378 Page 15 licensee's understanding of basic principles and coverages involved, recent and prospective changes, applicable laws and rules of the superintendent, proper conduct of the licensee's business and duties and responsibilities of the licensee.
e e 17 E.
The superintendent shall charge, at the time of e e n d 18 certifying each licensee's continuing education credits as a = = l ] 19 condition of continuation of license, a fee of one dollar a l r i 20 ($1.00) per credit hour of continuing education;
provided that t e a t the superintendent may contract with an independent agency to m m 21 e d r e 22 receive and review continuing education compliance reports and, c e r c 23 in such a case, the fee shall be a reasonable amount fixed by e a n b 24 the superintendent and payable to the contracting agency.
u [ F.
.211850.1 - 16 - (1) limited license issued under Section 59A-12-18 NMSA 1978;
and (2) self-service storage insurance producer SB 378 Page 16 license." SECTION 14.
-SB 17378 -Page 9 11 13 15 e e 17 e5 e7 n9 d25 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211850.1
Show all 111 changed rows (71 more)
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- Final Version View text Current pdf
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Action History
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Signed
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passed House
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DO PASS committee report adopted
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Sent to House Commerce & Economic Development Committee
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passed Senate
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DO PASS committee report adopted
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DO PASS committee report adopted
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Sent to Senate Corporations and Transportation Committee & Senate Judiciary Committee
Sponsors
- George K. Munoz · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Munoz, George K.
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 378?
- SB 378 is sponsored by Munoz, George K..
- What is the current status of SB 378?
- This bill has been enacted into law. Introduced January 28, 2019. Enacted.
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