SB 833 Modifies provisions relating to financial transactions
Sponsor: Nasheed
LR Number: 5460S.05T Fiscal Notes
Committee: Financial and Governmental Organizations and Elections
Last Action: 7/1/2016 - Signed by Governor Journal Page: S2319-2320
Title: CCS HCS SB 833 Calendar Position:
Effective Date: August 28, 2016
House Handler: Fitzwater

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CCS/HCS/SB 833 - This act modifies provisions relating to financial transactions.

CREDIT INSTRUMENTS--EXCURSION GAMBLING BOATS

(SECTIONS 313.800 AND 313.817)

This act provides that any credit instrument executed on or after August 28, 2016 are valid contracts creating debt that is enforceable by legal process.

Furthermore, the act modifies the definition of "qualified person" to mean a person who qualifies for a line of credit in an amount determined by the licensee based on the person's demand deposit accounts, including any checking or savings accounts. Credit instruments of $10,000 or less will only be accepted if the person's creditworthiness is at least twice the amount of the credit instrument or $10,000 whichever is less. Credit instruments of more than $10,0000 will only be accepted if the person's creditworthiness is equal or in excess of the amount of the credit instrument. A credit instrument may not be secured by an individual's house or other real property, tangible personal property, investments, IRAs, a 401(k), pensions or other retirement accounts, any college saving plans, or any assets whatsoever other than a demand deposit account or accounts.

If a new credit instrument is issued to consolidate or replace an existing credit instrument, the new credit instrument shall use the oldest date of the credit instrument being replaced.

These provisions are identical to provisions in HCS/HB 2515 (2016).

LAND/LEGAL DESCRIPTIONS BY LICENSED ATTORNEYS (SECTION 327.272)

The act specifies that provisions of law regarding the practice of land surveying do not preclude the practice of title insurance business or the practice of law.

This provision is identical to a provision in HCS/SS/SCS/SB 663 (2016) and similar to SB 828 (2016), HB 2034 (2016), and certain provisions contained in HB 2257 (2016) and HCS/HB 2332 (2016).

EXCEPTED BENEFIT PLANS (SECTION 376.998)

The act creates new provisions of law relating to excepted benefit plans. An excepted benefit plan is a policy or certificate of insurance extending certain forms of health coverage. The act provides that excepted benefit plans are exempt from any health insurance mandate enacted on or after August 28, 2016, unless the enacting statute expressly includes excepted benefit plans in a mandate.

The Director of the Department of Insurance, Financial Institutions and Professional Registration is permitted to exempt a type of excepted benefit plan from any notice or disclosure requirements required by law for specific services that by custom, are not covered by the particular type of excepted benefit plans being exempted.

These provisions apply to an excepted benefit plan that does not materially change coverage to provide for the reimbursement of health care services which extend beyond the types of health care services customarily provided by the specific type of excepted benefit plan or where the combination of coverages and benefits would otherwise meet the definition of a health benefit plan.

ESCROW SERVICES (SECTIONS 381.022 AND 381.058)

The act provides that a title insurer, title agency, or title agent may perform escrow or closing services in residential real estate transactions by giving notice to affected persons that their interests are not protected by the title insurer, agency, or agent in situations where the title insurance policy is not being issued by the title insurer, agency, or agent performing the escrow or closing services. In situations where title insurers, agencies, and agents are exclusively performing escrow, settlement, or closing services, it is unlawful for the entities to do so unless they clearly disclose to the sellers, buyers, and lenders involved in the escrows, settlements, or closings that no title insurer is providing any protection for closing or settlement funds.

These provisions are identical to certain provisions in SCS/HB 2257 (2016) and similar to HB 1040 (2015).

SAVINGS PROMOTION PROGRAMS (SECTIONS 408.800 TO 408.830)

Under these provisions, eligible financial institutions are permitted to offer and conduct savings promotion programs. A savings promotion program is a contest offered by an eligible financial institution that offers participants chances to win prizes if they make a minimum deposit into an eligible account.

These provisions are identical to certain provisions in HCS/HB 2125 (2016).

SCOTT SVAGERA