REPRESENTATIVES G. Smith, Book, Hughes, Setzer, Gibbs, Olman, Wolpert, D. Evans, T. Patton, Fessler, Brown, Callender, Calvert, Carano, Daniels, C. Evans, Faber, Flowers, Hartnett, Jolivette, Kearns, McGregor, Redfern, Reidelbach, Schmidt, Schneider, Skindell, J. Stewart, Willamowski

To amend sections 1731.01, 1731.03, 3909.09, and

1

3909.15, to enact new sections 3909.05 and 3927.03

2

and section 3905.421, and to repeal sections

3

3909.05 and 3927.03 of the Revised Code relative

4

to the appointment of agents by foreign insurance

5

companies doing business in Ohio, vehicle

6

protection product warranties, and the sponsorship

7

of small employer health care alliances by

8

organizations comprised of health care providers

9

or insurance agents.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1731.01, 1731.03, 3909.09, and	11
3909.15 be amended and new sections 3909.05 and 3927.03 and	12
section 3905.421 of the Revised Code be enacted to read as	13
follows:	14

Sec. 1731.01.  As used in this chapter:

15

(A) "Alliance" or "small employer health care alliance" means	16
an existing or newly created organization that has been granted a	17
certificate of authority by the superintendent of insurance under	18
section 1731.021 of the Revised Code and that is either of the	19
following:	20

(1) A chamber of commerce, trade association, professional	21
organization, or any other organization that has all of the	22
following characteristics:	23

(a) Is a nonprofit corporation or association;

24

(b) Has members that include or are exclusively small	25
employers;	26

(c) Sponsors or is part of a program to assist such small	27
employer members to obtain coverage for their employees under one	28
or more health benefit plans;	29

(d) IsExcept as provided in division (A)(1)(e) of this	30
section, is not directly or indirectly controlled, through voting	31
membership, representation on its governing board, or otherwise,	32
by any insurance company, person, firm, or corporation that sells	33
insurance, any provider, or by persons who are officers, trustees,	34
or directors of such enterprises, or by any combination of such	35
enterprises or persons.	36

(e) Division (A)(1)(d) of this section does not apply to an	37
organization that is comprised of members who are either insurance	38
agents or providers, that is controlled by the organization's	39
members or by the organization itself, and that elects to offer	40
health insurance exclusively to any or all of the following:	41

(i) Employees and retirees of the organization;

42

(ii) Insurance agents and providers that are members of the	43
organization;	44

(iii) Employees and retirees of the agents or providers	45
specified in division (A)(1)(e)(ii) of this section;	46

(iv) Families and dependents of the employees, providers,	47
agents, and retirees specified in divisions (A)(1)(e)(i),	48
(A)(1)(e)(ii), and (A)(1)(e)(iii) of this section.	49

(2) A nonprofit corporation controlled by one or more	50
organizations described in division (A)(1) of this section.	51

(B) "Alliance program" or "alliance health care program"	52
means a program sponsored by a small employer health care alliance	53
that assists small employer members of such small employer health	54
care alliance or any other small employer health care alliance to	55
obtain coverage for their employees under one or more health	56
benefit plans, and that includes at least one agreement between a	57
small employer health care alliance and an insurer that contains	58
the insurer's agreement to offer and sell one or more health	59
benefit plans to such small employers and contains all of the	60
other features required under section 1731.04 of the Revised Code.	61

(C) "Eligible employees, retirees, their dependents, and	62
members of their families," as used together or separately, means	63
the active employees of a small employer, or retired former	64
employees of a small employer or predecessor firm or organization,	65
their dependents or members of their families, who are eligible	66
for coverage under the terms of the applicable alliance program.	67

(D) "Enrolled small employer" or "enrolled employer" means a	68
small employer that has obtained coverage for its eligible	69
employees from an insurer under an alliance program.	70

(E) "Health benefit plan" means any hospital or medical	71
expense policy of insurance or a health care plan provided by an	72
insurer, including a health insuring corporation plan, provided by	73
or through an insurer, or any combination thereof. "Health benefit	74
plan" does not include any of the following:	75

(1) A policy covering only accident, credit, dental,	76
disability income, long-term care, hospital indemnity, medicare	77
supplement, specified disease, or vision care, except where any of	78
the foregoing is offered as an addition, indorsement, or rider to	79
a health benefit plan;	80

(2) Coverage issued as a supplement to liability insurance,	81
insurance arising out of a workers' compensation or similar law,	82
automobile medical-payment insurance, or insurance under which	83
benefits are payable with or without regard to fault and which is	84
statutorily required to be contained in any liability insurance	85
policy or equivalent self-insurance;	86

(3) Coverage issued by a health insuring corporation	87
authorized to offer supplemental health care services only.	88

(F) "Insurer" means an insurance company authorized to do the	89
business of sickness and accident insurance in this state or, for	90
the purposes of this chapter, a health insuring corporation	91
authorized to issue health care plans in this state.	92

(G) "Participants" or "beneficiaries" means those eligible	93
employees, retirees, their dependents, and members of their	94
families who are covered by health benefit plans provided by an	95
insurer to enrolled small employers under an alliance program.	96

(H) "Provider" means a hospital, urgent care facility,	97
nursing home, physician, podiatrist, dentist, pharmacist,	98
chiropractor, certified registered nurse anesthetist, dietitian,	99
or other health care provider licensed by this state, or group of	100
such health care providers.	101

(I) "Qualified alliance program" means an alliance program	102
under which health care benefits are provided to two thousand five	103
hundred or more participants.	104

(J) "Small employer," regardless of its definition in any	105
other chapter of the Revised Code, in this chapter means an	106
employer that employs no more than one hundred fifty full-time	107
employees, at least a majority of whom are employed at locations	108
within this state.	109

(1) For this purpose:

110

(a) Each entity that is controlled by, controls, or is under	111
common control with, one or more other entities shall, together	112
with such other entities, be considered to be a single employer.	113

(b) "Full-time employee" means a person who normally works at	114
least twenty-five hours per week and at least forty weeks per year	115
for the employer.	116

(c) An employer will be treated as having one hundred fifty	117
or fewer full-time employees on any day if, during the prior	118
calendar year or any twelve consecutive months during the	119
twenty-four full months immediately preceding that day, the mean	120
number of full-time employees employed by the employer does not	121
exceed one hundred fifty.	122

(2) An employer that qualifies as a small employer for	123
purposes of becoming an enrolled small employer continues to be	124
treated as a small employer for purposes of this chapter until	125
such time as it fails to meet the conditions described in division	126
(J)(1) of this section for any period of thirty-six consecutive	127
months after first becoming an enrolled small employer, unless	128
earlier disqualified under the terms of the alliance program.	129

Sec. 1731.03.  (A) A small employer health care alliance may	130
do any of the following:	131

(1) Negotiate and enter into agreements with one or more	132
insurers for the insurers to offer and provide one or more health	133
benefit plans to small employers for their employees and retirees,	134
and the dependents and members of the families of such employees	135
and retirees, which coverage may be made available to enrolled	136
small employers without regard to industrial, rating, or other	137
classifications among the enrolled small employers under an	138
alliance program, except as otherwise provided under the alliance	139
program, and for the alliance to perform, or contract with others	140
for the performance of, functions under or with respect to the	141
alliance program;	142

(2) Contract with another alliance for the inclusion of the	143
small employer members of one in the alliance program of the	144
other;	145

(3) Provide or cause to be provided to small employers	146
information concerning the availability, coverage, benefits,	147
premiums, and other information regarding an alliance program and	148
promote the alliance program;	149

(4) Provide, or contract with others to provide, enrollment,	150
record keeping, information, premium billing, collection and	151
transmittal, and other services under an alliance program;	152

(5) Receive reports and information from the insurer and	153
negotiate and enter into agreements with respect to inspection and	154
audit of the books and records of the insurer;	155

(6) Provide services to and on behalf of an alliance program	156
sponsored by another alliance, including entering into an	157
agreement described in division (B) of section 1731.01 of the	158
Revised Code on behalf of the other alliance;	159

(7) If it is a nonprofit corporation created under Chapter	160
1702. of the Revised Code, exercise all powers and authority of	161
such corporations under the laws of the state, or, if otherwise	162
constituted, exercise such powers and authority as apply to it	163
under the applicable laws, and its articles, regulations,	164
constitution, bylaws, or other relevant governing instruments.	165

(B) A small employer health care alliance is not and shall	166
not be regarded for any purpose of law as an insurer, an offeror	167
or seller of any insurance, a partner of or joint venturer with	168
any insurer, an agent of, or solicitor for an agent of, or	169
representative of, an insurer or an offeror or seller of any	170
insurance, an adjuster of claims, or a third-party administrator,	171
and will not be liable under or by reason of any insurance	172
coverage or other health benefit plan provided or not provided by	173
any insurer or by reason of any conditions or restrictions on	174
eligibility or benefits under an alliance program or any insurance	175
or other health benefit plan provided under an alliance program or	176
by reason of the application of those conditions or restrictions.	177

(C) The promotion of an alliance program by an alliance or by	178
an insurer is not and shall not be regarded for any purpose of law	179
as the offer, solicitation, or sale of insurance.	180

(D)(1) No alliance shall adopt, impose, or enforce medical	181
underwriting rules for the purpose of determining whether an	182
alliance member is eligible to purchase a policy, contract, or	183
plan of health insurance or health benefits from any insurer in	184
connection with the alliance health care program.	185

(2) No alliance shall reject any applicant for membership in	186
the alliance based on the health status of the applicant's	187
employees or their dependents.	188

(3) A violation of division (D)(1) or (2) of this section is	189
deemed to be an unfair and deceptive act or practice in the	190
business of insurance under sections 3901.19 to 3901.26 of the	191
Revised Code.	192

(4) Nothing in division (D)(1) or (2) of this section shall	193
be construed as inhibiting or preventing an alliance from	194
adopting, imposing, and enforcing rules, conditions, limitations,	195
or restrictions that are based on factors other than the health	196
status of employees or their dependents for the purpose of	197
determining whether a small employer is eligible to become a	198
member of the alliance. Division (D)(1) of this section does not	199
apply to an insurer that sells health coverage to an alliance	200
member under an alliance health care program.	201

(E) Health benefit plans offered and sold to alliance members	202
that are small employers as defined in section 3924.01 of the	203
Revised Code are subject to sections 3924.01 to 3924.14 of the	204
Revised Code.	205

(F) Any person who represents an alliance in bargaining or	206
negotiating a health benefit plan with an insurer shall disclose	207
to the governing board of the alliance any direct or indirect	208
financial relationship the person has or had during the past two	209
years with the insurer.	210

Sec. 3905.421. (A) As used in this section:

211

(1) "Incidental costs" means the losses and expenses	212
specified by a vehicle protection product warranty related to the	213
failure of a vehicle protection product to deter the theft of a	214
vehicle or facilitate the recovery of the vehicle after it has	215
been stolen. "Incidental costs" may include, but are not limited	216
to, insurance policy deductibles, rental vehicle charges, the	217
difference between the actual value of the stolen vehicle at the	218
time of the theft and the cost of a replacement vehicle, sales	219
taxes, registration fees, transaction fees, and mechanical	220
inspection fees.	221

(2) "Vehicle protection product" means a vehicle protection	222
device, system, or service that is installed on or applied to a	223
vehicle and that is designed to deter the theft of a vehicle or	224
facilitate the recovery of the vehicle after it has been stolen.	225
"Vehicle protection product" includes, but is not limited to,	226
alarm systems, window etch products, body part marking products,	227
steering locks, pedal and ignition locks, fuel and ignition kill	228
switches, and electronic, radio, and satellite tracking devices.	229

(3) "Warrantor of a vehicle protection product" or	230
"warrantor" means the person that is contractually obligated to	231
the warranty holder under the terms of a vehicle protection	232
product warranty. "Warrantor" does not include an insurer	233
authorized or eligible to do business in this state.	234

(B) A vehicle protection product warranty issued by the	235
warrantor of a vehicle protection product does not constitute a	236
contract substantially amounting to insurance or its issuance the	237
business of insurance under section 3905.42 of the Revised Code,	238
if both of the following conditions are met:	239

(1) The warranty is limited to indemnifying the warranty	240
holder for incidental costs caused by the failure of the vehicle	241
protection product to deter the theft of the vehicle or facilitate	242
the recovery of the vehicle after it has been stolen.	243

(2) The vehicle protection product warranty contains both of	244
the following conspicuous, written disclosures:	245

(a) "This vehicle protection product warranty is not subject	246
to the insurance laws of this state, contained in Title XXXIX of	247
the Ohio Revised Code."	248

(b) "This warranty may not include all of the benefits or	249
protections of an insurance policy that includes theft coverage	250
issued by an insurer authorized to do business in Ohio."	251

Sec. 3909.05. (A) Any life insurance company organized by act	252
of congress or under the laws of another state of the United	253
States that transacts any business of insurance in this state	254
shall have and maintain an agent, sometimes referred to as the	255
"statutory agent," upon whom any process, notice, or demand	256
required or permitted by law to be served upon a company may be	257
served. The agent may be a natural person residing in this state	258
or may be a corporation holding a license under the laws of this	259
state that is authorized by its articles of incorporation to act	260
as an agent and that maintains a business address in this state. A	261
statutory agent need not be a licensed insurance agent.	262

(B) The written appointment of an agent shall be in the form	263
the superintendent of insurance prescribes, which may include a	264
consent to service of process. The appointment shall set forth the	265
name and complete address of the agent. The agent shall reside or	266
maintain a business address within this state.	267

The superintendent shall keep a record of the foreign life	268
insurance companies transacting business in this state and the	269
name and address of their respective agents.	270

(C) If any agent dies, moves out of the state, or resigns,	271
the company immediately shall appoint another agent and file with	272
the superintendent a written appointment as described in division	273
(B) of this section.	274

(D) If an agent changes the agent's address, the company or	275
agent immediately shall notify the superintendent of the change,	276
and shall set forth the agent's new address, on a form prescribed	277
by the superintendent.	278

(E) An agent may resign by filing with the superintendent a	279
written notice signed by the agent. The agent shall send a copy of	280
the notice to the company at the current or last known address of	281
the company's principal office prior to the date the notice is	282
filed with the superintendent. The notice shall set forth the	283
company's name, the current or last known address of the company,	284
the name and address of the agent, the resignation of the agent,	285
and a statement that a copy of the notice has been sent to the	286
company and the date the copy was sent. The agent's authority	287
shall terminate thirty days after the notice is filed with the	288
superintendent.	289

(F) A company may revoke the appointment of an agent by	290
filing with the superintendent a written appointment of another	291
agent and a statement that the appointment of the former agent is	292
revoked. The authority of the agent whose appointment has been	293
revoked shall terminate thirty days after the notice is filed with	294
the superintendent.	295

(G) Any process, notice, or demand required or permitted by	296
law to be served upon a company may be served by delivering a copy	297
of the process, notice, or demand to the agent of record at the	298
address appearing in the superintendent's records. If the agent	299
cannot be found, the agent no longer has that address, or the	300
company has failed to maintain an agent as required by this	301
section, the party desiring that the process, notice, or demand be	302
served, or its agent, may file with the superintendent an	303
affidavit stating that one of the foregoing conditions exists and	304
stating the most recent address of the company that the party,	305
after diligent search, has been able to ascertain. Upon the filing	306
of the affidavit, service of process, notice, or demand may be	307
initiated upon the superintendent as the company's agent by	308
delivering two copies of the process, notice, or demand to the	309
superintendent. The superintendent shall give notice to the	310
company at its principal office as shown in the superintendent's	311
records or at the address set forth in the affidavit. The	312
superintendent shall give notice by regular mail with a copy of	313
the process, notice, or demand enclosed. After the superintendent	314
has mailed the appropriate documents, service upon the company is	315
deemed complete.	316

(H) The superintendent shall keep a record of each process,	317
notice, and demand delivered to the superintendent under this	318
section or any other law of this state that authorizes service	319
upon the superintendent.	320

(I) This section does not limit or affect the right to serve	321
any process, notice, or demand upon a company in any other manner	322
permitted by law.	323

(J) A company shall include a fee of five dollars with any	324
change of agent appointment or change of address. This division	325
does not apply to an agent appointment filed with an original	326
application for a certificate of authority.	327

(K) If a company fails to appoint or maintain an agent or to	328
notify the superintendent of an agent's change of address, the	329
superintendent shall fine the company not less than twenty-five	330
nor more than two hundred dollars per violation, after the	331
superintendent has provided notice by certified mail and upon the	332
expiration of thirty days from the date of mailing or such further	333
time as the superintendent allows. The superintendent may also	334
charge a company a fifty-dollar fee for each time the	335
superintendent is required to give notice to the company in	336
accordance with division (G) of this section.	337

(L) The superintendent shall pay all moneys collected by the	338
superintendent in accordance with this section into the state	339
treasury to the credit of the department of insurance operating	340
fund.	341

Sec. 3909.09.  No person shall act in this state as agent, or	342
otherwise, in receiving or procuring applications for life	343
insurance, nor in any manner aid in transacting the business of	344
any company, partnership, or association incorporated by or	345
organized under the laws of any foreign government, until such	346
company, partnership, or association completes the following acts:	347

(A) Deposits with the superintendent of insurance, for the	348
benefit of policyholders of the company, partnership, or	349
association, who are citizens or residents of the United States,	350
securities to the amount of one hundred thousand dollars, of the	351
kind required for similar companies of this state;	352

(B) Executes a waiver as provided inAppoints a statutory	353
agent in accordance with section 3909.05 of the Revised Code;	354

(C) Appoints an agent or attorney in each county in this	355
state in which the company established an agency, on whom process	356
of law can be served;	357

(D) Files with the superintendent a certified copy of its	358
charter, or deed of settlement, and a duplicate original copy of	359
the letter or power of attorney of the company, partnership, or	360
association, appointing the attorney thereof, which appointment	361
shall continue until another attorney is substituted.	362

Sec. 3909.15.  If a company, partnership, or association,	363
organized under the laws of any other state or government, ceases	364
to dotransact the business of life insurance in this state	365
according to law, it shall appoint, in the manner provided in	366
sections 3909.01 to 3909.17, inclusive, of the Revised Code, in	367
every county in which an agency existed at the date of such	368
discontinuance, one or more agents for the purpose of receiving	369
service of process in all actions upon policies of insurance	370
issued to the citizens of this state while it was lawfully	371
transacting the business of insurance in this state. Service of	372
process upon such agents, in such actions, is as valid as actual	373
service upon the company, partnership, or association.	374

In every case in which no such agent is appointed, the agent	375
last designated and acting for the company, partnership, or	376
association shall be deemed authorized by it to receive service of	377
process. The officer who serves such process shall also send a	378
copy of the process served on the agent, by mail, to the address	379
of such company, partnership, or association at the place of its	380
principal or home office at the time it ceased to do business in	381
this state, and his return must distinctly show that at least	382
thirty days have elapsed since the mailing of such copy before any	383
judgment is rendered in such action.	384

If any such company, partnership, or association ceases to	385
transact business in this state according to law, the agents	386
statutory agent last designated by or acting for it areis deemed	387
to continue as agentsagent for it, unless a new statutory agent	388
is appointed, for the purpose of serving process, and for	389
commencing actions upon any policy or liability issued or	390
contracted while it transacted business in this state, and service	391
of process upon any such agent, for such causes, is a valid	392
service upon the company, partnership, or association.	393

This section does not limit or affect the right to serve any	394
process, notice, or demand upon a company, partnership, or	395
association in any other manner permitted by law.	396

Sec. 3927.03. (A) Any foreign insurance company that	397
transacts any business in this state shall have and maintain an	398
agent, sometimes referred to as the "statutory agent," upon whom	399
any process, notice, or demand required or permitted by law to be	400
served upon a company may be served. The agent may be a natural	401
person residing in this state or may be a corporation holding a	402
license under the laws of this state that is authorized by its	403
articles of incorporation to act as an agent and that maintains a	404
business address in this state. A statutory agent need not be a	405
licensed insurance agent.	406

(B) The written appointment of an agent shall be in the form	407
the superintendent of insurance prescribes, which may include a	408
consent to service of process. The appointment shall set forth the	409
name and complete address of the agent. The agent shall reside or	410
maintain a business address within this state.	411

The superintendent shall keep a record of the foreign	412
insurance companies transacting business in this state and the	413
name and address of their respective agents.	414

(C) If any agent dies, moves out of the state, or resigns,	415
the company immediately shall appoint another agent and file with	416
the superintendent a written appointment as described in division	417
(B) of this section.	418

(D) If an agent changes the agent's address, the company or	419
agent immediately shall notify the superintendent of the change,	420
and shall set forth the agent's new address, on a form prescribed	421
by the superintendent.	422

(E) An agent may resign by filing with the superintendent a	423
written notice signed by the agent. The agent shall send a copy of	424
the notice to the company at the current or last known address of	425
the company's principal office prior to the date the notice is	426
filed with the superintendent. The notice shall set forth the	427
company's name, the current or last known address of the company,	428
the name and address of the agent, the resignation of the agent,	429
and a statement that a copy of the notice has been sent to the	430
company and the date the copy was sent. The agent's authority	431
shall terminate thirty days after the notice is filed with the	432
superintendent.	433

(F) A company may revoke the appointment of an agent by	434
filing with the superintendent a written appointment of another	435
agent and a statement that the appointment of the former agent is	436
revoked. The authority of the agent whose appointment has been	437
revoked shall terminate thirty days after the notice is filed with	438
the superintendent.	439

(G) Any process, notice, or demand required or permitted by	440
law to be served upon a company may be served by delivering a copy	441
of the process, notice, or demand to the agent of record at the	442
address appearing in the superintendent's records. If the agent	443
cannot be found, the agent no longer has that address, or the	444
company has failed to maintain an agent as required by this	445
section, the party desiring that the process, notice, or demand be	446
served, or its agent, may file with the superintendent an	447
affidavit stating that one of the foregoing conditions exists and	448
stating the most recent address of the company that the party,	449
after diligent search, has been able to ascertain. Upon the filing	450
of the affidavit, service of process, notice, or demand may be	451
initiated upon the superintendent as the company's agent by	452
delivering two copies of the process, notice, or demand to the	453
superintendent. The superintendent shall give notice to the	454
company at its principal office as shown in the superintendent's	455
records or at the address set forth in the affidavit. The	456
superintendent shall give notice by regular mail with a copy of	457
the process, notice, or demand enclosed. After the superintendent	458
has mailed the appropriate documents, service upon the company is	459
deemed complete.	460

(H) The superintendent shall keep a record of each process,	461
notice, and demand delivered to the superintendent under this	462
section or any other law of this state that authorizes service	463
upon the superintendent.	464

(I) This section does not limit or affect the right to serve	465
any process, notice, or demand upon a company in any other manner	466
permitted by law.	467

(J) A company shall include a fee of five dollars with any	468
change of agent appointment or change of address. This division	469
does not apply to an agent appointment filed with an original	470
application for a certificate of authority.	471

(K) If a company fails to appoint or maintain an agent or to	472
notify the superintendent of an agent's change of address, the	473
superintendent shall fine the company not less than twenty-five	474
nor more than two hundred dollars per violation, after the	475
superintendent has provided notice by certified mail and upon the	476
expiration of thirty days from the date of mailing or such further	477
time as the superintendent allows. The superintendent may also	478
charge a company a fifty-dollar fee for each time the	479
superintendent is required to give notice to the company in	480
accordance with division (G) of this section.	481

(L) The superintendent shall pay all moneys collected by the	482
superintendent in accordance with this section into the state	483
treasury to the credit of the department of insurance operating	484
fund.	485

(M) Any foreign insurance company transacting business in	486
this state by an agent consents that suit may be brought against	487
it in the county where the property insured was situated, or was	488
insured, or the application for insurance taken.	489

(N) If a foreign insurance company ceases to do business in	490
this state according to law, the statutory agent last designated	491
by or acting for it is deemed to continue as agent for it, unless	492
a new statutory agent is appointed, for the purpose of serving	493
process, and for commencing actions upon any policy or liability	494
issued or contracted while it transacted business in this state,	495
and service of process upon any such agent, for such causes, is a	496
valid service upon the company.	497

Section 2. That existing sections 1731.01, 1731.03, 3909.09,	498
and 3909.15 and sections        Sec. 3909.05.  and        Sec. 3927.03.  of the Revised Code	499
are hereby repealed.	500

Section 3. An insurance company organized under the laws of	501
any other state that was authorized to transact any business of	502
insurance in this state prior to the effective date of this	503
section shall appoint a "statutory agent," as required by this	504
act, no later than the later of the effective date of this section	505
or sixty days after the Superintendent of Insurance issues a	506
bulletin specifying the method by which the insurance company is	507
to appoint a statutory agent.	508

Section 4. Section 3905.421 of the Revised Code, as enacted	509
by this act, shall apply only in connection with vehicle	510
protection products sold or offered for sale in this state on or	511
after the effective date of this act. The enactment of section	512
3905.421 of the Revised Code does not imply that vehicle	513
protection products or vehicle protection product warranties were	514
or should have been subject to regulation under Title XXXIX of the	515
Revised Code prior to the effective date of this act.	516