Vermont H 137: An act relating to exemptions from the minimum wage

Bill Text

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VT LEG #383901 v.1
No. 23. An act relating to the regulation of insurance products and
services.
(H.137)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 8 V.S.A. § 23 is amended to read:
§ 23. CONFIDENTIALITY OF INVESTIGATION AND EXAMINATION
REPORTS
(a) This section shall apply to all persons licensed, authorized, or
registered, or required to be licensed, authorized, or registered, under this title
or under 9 V.S.A. chapter 150 by the Commissioner.
(b) Regardless of source, all records of investigations, including
information pertaining to a complaint by or for a consumer, and all records and
reports of examinations by the Commissioner, whether in the possession of a
supervisory agency or another person, shall be confidential and privileged,
shall not be made public, and shall not be subject to discovery or introduction
into evidence in any private civil action. No person who participated on behalf
of the Commissioner in an investigation or examination shall be permitted or
required to testify in any such civil action as to any findings,
recommendations, opinions, results, or other actions relating to the
investigation or examination.
(c) The Commissioner may, in his or her the Commissioner’s discretion,
disclose or publish or authorize the disclosure or publication of any such
record or report or any part thereof in the furtherance of legal or regulatory

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proceedings brought as a part of the Commissioner’s official duties. The
Commissioner may, in his or her the Commissioner’s discretion, disclose or
publish or authorize the disclosure or publication of any such record or report
or any part thereof, to civil or criminal law enforcement authorities for use in
the exercise of such authority’s duties, in such manner as the Commissioner
may deem proper.
(d) For the purposes of this section, records of investigations and records
and reports of examinations shall include joint examinations by the
Commissioner and any other supervisory agency. Records of investigations
and reports of examinations shall also include records of examinations and
investigations conducted by:
(1) any agency with supervisory jurisdiction over the person; and
(2) any agency of any foreign government with supervisory jurisdiction
over any person subject to the jurisdiction of the Department, when such
records are considered confidential by such agency or foreign government and
the records are in the possession of the Commissioner.
Sec. 2. 8 V.S.A. § 3303 is amended to read:
§ 3303. MUTUAL COMPANIES; DIRECTORS, CHARTER PROVISIONS
AS TO
The articles of association or bylaws of a mutual insurer shall set forth the
manner in which its board of directors or other governing body shall be
elected, and in which meetings of policyholders shall be called, held, and

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conducted, subject to such procedures as may be required by the
Commissioner under section 75 subsection 15(a) of this title.
Sec. 3. 8 V.S.A. § 4688(a) is amended to read:
(a) Filings as to competitive markets. Except with respect to filings
submitted pursuant to section 4687 of this title, in a competitive market, every
insurer shall file with the Commissioner all rates and supplementary rate
information, and supporting information that are to be used in this State,
provided that such rates and information need not be filed for specifically rated
inland marine risks or such other risks that are designated by regulation of the
Commissioner as not requiring a filing. Such rates, supplementary rate
information, and supporting information shall be provided to the
Commissioner not later than 15 days after 30 days prior to the effective date.
An insurer may adopt by reference, with or without deviation or modification,
provided that said deviation or modification is readily identifiable, the rates,
supplementary rate information, and supporting information filed by another
insurer or an advisory or service organization with which it is affiliated;
provided, however, such an adoption shall not relieve an insurer from any
other requirements of this chapter.
Sec. 4. 8 V.S.A. § 4724 is amended to read:
§ 4724. UNFAIR METHODS OF COMPETITION OR UNFAIR OR
DECEPTIVE ACTS OR PRACTICES DEFINED
* * *

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(23) Affordable housing; unfair discrimination.
(A) An insurer that issues or delivers in this State a policy of
insurance covering loss of or damage to real property containing units for
residential purposes or legal liability of an owner or renter of such real
property shall not cancel, refuse to issue, refuse to renew, or increase the
premium of a policy, or exclude, limit, restrict, or reduce coverage under a
policy, based on the following:
(i) whether the residential building contains dwelling units that are
required to be affordable to residents at a specific income level pursuant to a
statute, regulation, re