09 LC 28
4567
Senate
Bill 144
By:
Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd and Moody of
the 56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia
Annotated, relating to agents, agencies, subagents, counselors, and adjusters,
so as to repeal the requirement that an applicant for an insurance agent's
license shall be appointed an agent by an authorized insurer prior to issuance
of the license; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating
to agents, agencies, subagents, counselors, and adjusters, is amended by
revising subsection (a) of Code Section 33-23-5, relating to qualifications and
requirements for license, as follows:
"(a)
For the protection of the people of this state, the Commissioner shall not
issue, continue, or permit to exist any license, except in compliance with this
chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12,
33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The
Commissioner shall not issue a license to any individual applicant for a license
who does not meet or conform to qualifications or requirements set forth in
paragraphs (1) through
(8)(7)
of this subsection:
(1)
The individual applicant shall be a resident of this state who shall reside and
be present within this state for at least six months of every year or an
individual whose principal place of business is within this state; provided,
however, that in cities, towns, or trade areas, either unincorporated or
composed of two or more incorporated cities or towns, located partly within and
partly outside this state, requirements as to residence and principal place of
business shall be deemed met if the residence or place of business is located in
any part of the city, town, or trade area and if the other state in which the
city, town, or trade area is located in part has established like requirements
as to residence and place of business. The individual applying for an agent,
adjuster, or counselor license shall be at least 18 years of age;
(2)
If applying for an agent's license for property and casualty insurance, the
applicant shall not use or intend to use such license for the purpose of
obtaining a rebate or commission upon controlled business; and the applicant
shall not in any calendar year effect controlled business that will aggregate as
much as 25 percent of the volume of insurance effected by such applicant during
such year, as measured by the comparative amounts of premiums;
(3)
If applying for an agent's license, the applicant shall be appointed an agent by
an authorized insurer prior to issuance of the license;
(4)(3)
The individual applicant shall be of good character;
(5)(4)
The individual applicant shall pass any written examination required for the
license by this article, provided that:
(A)
An individual who applies for an insurance agent's license in this state who was
previously licensed for the same lines of authority in another state shall not
be required to complete any prelicensing education or examination. This
exemption shall only be available if the individual is currently licensed in
that state or if the application is received within 90 days of the cancellation
of the applicant's previous license and if the prior state issues a
certification that, at the time of cancellation, the applicant was in good
standing in that state or the state's producer data base records maintained by
the National Association of Insurance Commissioners, its affiliates, or
subsidiaries indicate that the agent is or was licensed in good standing for the
line of authority requested; and
(B)
An individual licensed as an insurance agent in another state who moves to this
state shall make application within 90 days of establishing legal residence to
become a resident licensee pursuant to Code Section 33-23-8. No prelicensing
education or examination shall be required of that individual to obtain a
license for any line of authority previously held in the prior state except
where the Commissioner determines otherwise by rule or regulation;
(6)(5)
If applying for a license as counselor, the applicant shall show that he or she
either has had five years' experience as an agent, subagent, or adjuster or in
some other phase of the insurance business or has sufficient teaching or
educational qualifications or experience which, in the opinion of the
Commissioner, has qualified the applicant to act as such counselor; and the
applicant shall pass such examination as shall be required by the Commissioner
unless such applicant is exempted by the Commissioner, based on the applicant's
experience and qualifications and pursuant to a regulation adopted by the
Commissioner;
(7)(6)
If applying for an agent's license, limited subagent's license, or adjuster's
license, no applicant shall be qualified therefor or be so licensed unless he or
she has successfully completed classroom courses in insurance satisfactory to
the Commissioner at a school which has been approved by the Commissioner;
and
(8)(7)
The Commissioner shall by rule or regulation establish criteria and procedures
for the scope of prelicensing requirements and exemptions, if any, to the
prelicensing or examination requirements."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.