Nevada 2019 Regular Session Status: Enacted

SB 88 — Revises provisions governing producers of insurance and other persons regulated by the Commissioner of Insurance. (BDR 57-220)

Last action — Chapter 503.

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 21, 2018. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to insurance; revising provisions relating to licenses, certificates, permits and other authorizations for producers of insurance and other persons regulated by the Commissioner of Insurance; revising certain educational requirements for persons regulated by the Commissioner of Insurance; revising certain licensing and other fees; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

1052 added · 1100 removed

1052 line(s) added, 1100 removed.

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(Reprinted with amendments adopted on April 17, 2019) FIRST REPRINT S.B.
Senate Bill No.
88 SENATE BILL N O.
88–Committee on Commerce and Labor CHAPTER..........
88–COMMITTEE ON COMMERCE AND LABOR (O N BEHALF OF THE D IVISION OFINSURANCE OF THE DEPARTMENT OF B USINESS AND INDUSTRY ) PREFILED N OVEMBER 21, 2018 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing producers of insurance and other persons regulated by the Commissioner of Insurance.
(BDR 57-220) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes the Commissioner of Insurance to regulate insurance in renewing licenses, certificates, permits or other types of authorizations governed by title 57 of NRS, including, without limitation, educational requirements.
this State.
(NRS 679B.120) This bill makes various changes relating to obtaining or renewing licenses, certificates, permits or other types of authorizations governed by title 57 of NRS, including, without limitation, educational requirements.
Sections 4-6, 8, 9 and 15 of this bill remove certain educational requirements for the issuance of various licenses.
Sections 4-6, 8, 9 various licenses.
Sections 6 and 7 of this bill remove certain references to fixed that associate adjusters be licensed.
Sections 6 and 7 of this bill remove certain references to fixed annuities.
Sections 15 and 16 of this bill revise thents licensing requirements for adjusters.
Sections 11-14, 17-21, 34 and 36 of this bill eliminate the requirements that associate adjusters be licensed.
Section 32 of this bill revises provisions governing the expiration of a certificate to operate as a health exchange enrollment facilitator.
Sections 15 and 16 of this bill revise the licensing requirements for adjusters.
Section 37 of this bill provides that this bill is effective on passage and approval for the purposes of adopting regulations and other preparatory administrative acts and January 1, 2020, for all other purposes.
Section 32 of this bill revises provisions governing the expiration of a certificate to operate as a health exchange enrollment approval for the purposes of adopting regulations and other preparatoryve on passage and administrative acts and January 1, 2020, for all other purposes.
- *SB88_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive ........................................283 (2) For two or more kinds of insurance as so defined ..........................................................................................578 (3) For a reinsurer...........................................................2,450 (c) Each annual continuation of a certificate.......................2,450 (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive ........................................283 (2) For two or more kinds of insurance as so defined ..........................................................................................578 (3) For a reinsurer...........................................................2,450 (c) Each annual continuation of a certificate.......................2,450 - 80th Session (2019) – 2 – (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(e) Registration of additional title pursuant to NRS 680A.240................................................................................50 (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240......................................................25 2.
(e) Registration of additional title pursuant to NRS 680A.240..............................................................................$50 (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240......................................................25 2.
Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document.....................................$10 3.
Filing bylaws, power of attorney and other constituentr, documents of the insurer, each document.....................................$10 3.
(a) Application and license...................................................$125 (b) Triennial renewal of each license......................................125 - *SB88_R1* – 3 – 7.
(a) Application and license...................................................$125 (b) Triennial renewal of each license......................................125 7.
(a) Application and license...................................................$125 (b) Appointment fee for each insurer........................................15 (c) Triennial renewal of each license......................................125 8.
(b) Appointment fee for each insurer........................................15$125 (c) Triennial renewal of each license......................................125 8.
Adjusters’, as defined in NRS 684A.030, licenses and renewals:
Adjusters’ , as defined in NRS 684A.030, licenses and renewals:
(a) Application and license...................................................$125 (b) Triennial renewal of each license......................................125 10.
(a) Application and license...................................................$125 - 80th Session (2019) – 3 – (b) Triennial renewal of each license....................................$125 10.
(a) Application and license, for each machine......................$125 12.
(a) Application and license, for each machine......................$125 (b) Triennial renewal of each license......................................125 12.
Permit for solicitation for securities:................................125 (a) Application for permit.....................................................$100 13.
Permit for solicitation for securities:
Securities salespersons for domestic insurers:..................................50 (a) Application and license.....................................................$25 (b) Annual renewal of license...................................................15 14.
(b) Extension of permit.............................................................50 13.
Securities salespersons for domestic insurers:
(a) Application and license.....................................................$25 (b) Annual renewal of license...................................................15 14.
Certified copies of certificates of authority and licenses issued pursuant to the Code.............................................$10 - *SB88_R1* – 4 – 18.
Certified copies of certificates of authority and licenses issued pursuant to the Code.............................................$10 18.
For copies and amendments of documents on file in the Division, a reasonable charge fixed by the Commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
For copies and amendments of documents on file in the Division, a reasonable charge fixed by the Commissioner, including charges for duplicating or affixing the official seal.certifying the copies and 19.
19.
(a) Application and license...................................................$125 (b) Appointment for each surety insurer...................................15 (c) Triennial renewal of each license......................................125 22.
(a) Application and license...................................................$125 (b) Appointment for each surety insurer...................................15 (c) Triennial renewal of each license......................................125 - 80th Session (2019) – 4 – 22.
(a) Application and license...................................................$125 (c) Triennial renewal of each license......................................125 24.
(a) Application and license...................................................$125 (b) Initial appointment by each insurer.....................................15 (c) Triennial renewal of each license......................................125 (a) Application and license...................................................$125 (b) Triennial renewal of each license......................................125 25.
Licenses and renewals for bail solicitors:
(b) Triennial renewal of each license......................................125$125 25.
(a) Application and license...................................................$125 (b) Appointment for each insurer .............................................15 - *SB88_R1* – 5 – (c) Triennial renewal of each license....................................$125 29.] 28.
(a) Application and license...................................................$125 (b) Appointment for each insurer .............................................15 29.] 28.nnialReinsurance intermediary broker or............................125 manager:
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Reinsurance intermediary broker or manager:
(a) For rates and policies.........................................................$25 (b) For riders and endorsements...............................................10 [33.] 32.
- 80th Session (2019) – 5 – (a) For rates and policies.........................................................$25 (b) For riders and endorsements...............................................10 [33.] 32.
(b) Triennial renewal..............................................................125 [35.] 34.
(a) Application and license...................................................$125 (b) Triennial renewal..............................................................125 [35.] 34.
In addition to any other fee or charge, all applicable fees required of any person, including, without limitation, persons listed in this section, pursuant to NRS 680C.110.
In addition to any other fee or charge, all applicable listed in this section, pursuant to NRS 680C.110.imitation, persons Sec.
- *SB88_R1* – 6 – Sec.
(c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable;
- 80th Session (2019) – 6 – (c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable;
(a) Associations of self-insured private employers, as defined in NRS 616A.050:
(a) Associations of self-insured private employers, as defi(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 (b) Associations of self-insured public employers, as defined in NRS 616A.055:
(1) Initial fee.................................................................$1,300 (b) Associations of self-insured public employers,..............................$1,300 as defined in NRS 616A.055:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 (c) Independent review organizations, as provided for in NRS 616A.469 or 683A.3715, or both:
(2) Annual fee...............................................................$1,300300 (c) Independent review organizations, as provided for in NRS 616A.469 or 683A.3715, or both:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 (g) Reinsurers, as defined in NRS 681A.370:
(2) Triennial fee.................................................................$60$60 (g) Reinsurers, as defined in NRS 681A.370:
(1) Initial fee.................................................................$1,300 - *SB88_R1* – 7 – (2) Annual fee...............................................................$1,300 (h) Administrators, as defined in NRS 683A.025:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 (h) Administrators, as defined in NRS 683A.025:
(1) Initial fee......................................................................$60 (2) Annual fee....................................................................$60 (k) Insurance consultants, as defined in NRS 683C.010:
- 80th Session (2019) – 7 – (1) Initial fee......................................................................$60 (2) Annual fee....................................................................$60 (k) Insurance consultants, as defined in NRS 683C.010:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 (m) Public adjusters, as defined in NRS 684A.030:
(1) Initial fee......................................................................$60 (m) Public adjusters, as defined in NRS 684A.030:....................................$60 (1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 (n) [Associate adjusters, as defined in NRS 684A.030:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 NRS 684A.030:iate adjusters, as defined in (1) Initial fee......................................................................$60 (o)] Motor vehicle physical damage appraisers, as defined in.........................$60 NRS 684B.010:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 (o)] Motor vehicle physical damage appraisers, as defined in NRS 684B.010:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 [(s)] (r) Brokers of viatical settlements, as defined in NRS 688C.030:
(2) Annual fee...............................................................$1,300300 [(s)] (r) Brokers of viatical settlements, as defined in NRS 688C.030:
(1) Initial fee......................................................................$60 (2) Annual fee....................................................................$60 - *SB88_R1* – 8 – [(t)] (s) Providers of viatical settlements, as defined in NRS 688C.080:
(1) Initial fee......................................................................$60 (2) Annual fee....................................................................$60 [(t)] (s) Providers of viatical settlements, as defined in NRS 688C.080:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(v)] (u) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 - 80th Session (2019) – 8 – [(v)] (u) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(x)] (w) Sellers of prepaid funeral contracts subject to the provisions of chapter 689 of NRS:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(x)] (w) Sellers of prepaid funeral contracts subject(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(y)] (x) Providers, as defined in NRS 690C.070:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(y)] (x) Providers, as defined in NRS 690C.070:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 [(z)] (y) Escrow officers, as defined in NRS 692A.028:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 NRS 692A.028:Escrow officers, as defined in (1) Initial fee......................................................................$60 [(aa)] (z) Title agents, as defined in NRS 692A.060:.................................$60 (1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(bb)] (aa) Captive insurers, as defined in NRS 694C.060:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(aa)] (z) Title agents, as defined in NRS 692A.060:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(bb)] (aa) Captive insurers, as defined in NRS 694C.060:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 (dd)] (bb) Purchasing groups, as defined in NRS 695E.100:
(1) Initial fee......................................................................$60 (dd)] (bb) Purchasing......groups,....as...defined....in.............................$60 NRS 695E.100:
(1) Initial fee....................................................................$250 (2) Annual fee..................................................................$250 - *SB88_R1* – 9 – [(ff)] (dd) Medical discount plans, as defined in NRS 695H.050:
(1) Initial fee....................................................................$250 (2) Annual fee..................................................................$250 [(ff)] (dd) Medical discount plans, as defined in NRS 695H.050:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 [(gg)] (ee) Club agents, as defined in NRS 696A.040:
(1) Initial fee.................................................................$1,300 (2) Annual fee...............................................................$1,300 - 80th Session (2019) – 9 – [(gg)] (ee) Club agents, as defined in NRS 696A.040:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(jj)] (hh) Bail enforcement agents, as defined in NRS 697.055:
(1) Initial fee......................................................................$60 [(jj)] (hh) Bail enforcement agents, as defined in....................................$60 NRS 697.055:
(2) Triennial fee.................................................................$60$60 [(mm)] (kk) Exchange enrollment facilitators, as define(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 5.
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 [(mm)] (kk) Exchange enrollment facilitators, as defined in NRS 695J.050:
(1) Initial fee......................................................................$60 (2) Triennial fee.................................................................$60 5.
(b) Insurer who is authorized to transact health insurance, as defined in NRS 681A.030;
defined in NRS 681A.030;thorized to transact health insurance, as (c) Insurer who is authorized to transact life insurance, as defined in NRS 681A.040;
(c) Insurer who is authorized to transact life insurance, as defined in NRS 681A.040;
- *SB88_R1* – 10 – (i) Organization for dental care, as defined in NRS 695D.060;
(i) Organization for dental care, as defined in NRS 695D.060;
and (j) Prepaid limited health service organization, as defined in NRS 695F.050.
and - 80th Session (2019) – 10 – (j) Prepaid limited health service organization, as defined in NRS 695F.050.
(b) The number of insurers who are required to pay an annual fee pursuant to this subsection;
fee pursuant to this subsection;o are required to pay an annual (c) The direct written premiums reported during the previous year by all insurers paying such fees;
(c) The direct written premiums reported during the previous year by all insurers paying such fees;
An applicant for, or holder of, a license issued pursuant to NRS 683A.265 is not required to pass a written education requirements to receive or renew a license.ontinuing 2.
An applicant for, or holder of, a license issued pursuant to NRS 683A.265 is not required to pass a written examination or meet any [prelicensing education or] continuing education requirements to receive or renew a license.
A travel retailer who is listed in the register maintained representative of such a travel retailer who is listed in the register of a producer of limited lines travel insurance, is not required to pass any written examination or complete any education requirements other than the program of instruction or training required by paragraph (f) of subsection 1 of NRS 683A.369.
2.
Sec.
A travel retailer who is listed in the register maintained pursuant to NRS 683A.3685 or any employee or authorized representative of such a travel retailer who is listed in the register of a producer of limited lines travel insurance, is not required to pass any written examination or complete any education requirements other than the program of instruction or training required by parSec.
5.
5.(f)NRS 683A.251 is hereby amended to read as follows:
NRS 683A.251 is hereby amended to read as follows:
- *SB88_R1* – 11 – (c) [Completed a course of study for the lines of authority for which the application is made, unless the applicant is exempt from this requirement;
- 80th Session (2019) – 11 – (c) [Completed a course of study for the lines of authority for which the application is made, unless the applicant is exempt from this requirement;
A business organization must be licensed as a producer of insurance in order to act as such.
A business organization must be licensed as a producer of form prescribed by the Commissioner.
Application must be made on a form prescribed by the Commissioner.
Before approving thede on a application, the Commissioner must find that the applicant has:
Before approving the application, the Commissioner must find that the applicant has:
and (c) [If the business organization has authorized a producer of insurance not designated pursuant to paragraph (b) to transact business on behalf of the business organization, submitted to the Commissioner on a form prescribed by the Commissioner the name behalf of the business organization;
and (c) [If the business organization has authorized a producer of insurance not designated pursuant to paragraph (b) to transact business on behalf of the business organization, submitted to the Commissioner on a form prescribed by the Commissioner the name of each producer of insurance authorized to transact business on behalf of the business organization;
and to transact business on (d)] Established and maintains a valid electronic mail address at the3.pplA natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:
and (d)] Established and maintains a valid electronic mail address at the applicant’s own expense.
(a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner;
3.
A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own(a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner;
or (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity - *SB88_R1* – 12 – taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary;
or (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to - 80th Session (2019) – 12 – the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary;
(a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 3, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;
(a) Unless the applicant’s fingerprints are directly forwarded submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;
A producer of authority permitted by statute or regulation, including:e lines of (a) Life insurance on human lives, which includes benefits from death by accident and benefits for dismemberment by accident andm for disability income.
A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:
(b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.
(a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from for disability income.benefits for dismemberment by accident and (b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.
(f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or - *SB88_R1* – 13 – partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.
- 80th Session (2019) – 13 – (f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.
(g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.
(g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one insurance.derlying policies of automobile or residential property (h) [Fixed annuities, including, without limitation, indexed annuities, as a limited line.
(h) [Fixed annuities, including, without limitation, indexed annuities, as a limited line.
A producer of insurance may submit a date specified on the license for the renewal if the producer of the insurance otherwise complies with the provisions of this subsection penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110.
A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110.
A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination [or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251,] but any continuing education requirements must be met and a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.
A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination [or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251,] but any continuing education requirements must be met and a penalty - 80th Session (2019) – 14 – of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.
A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical - *SB88_R1* – 14 – disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.
A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.
5.
identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary.
A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary.
An applicant for licensing in this state as a producer of insurance who was previously licensed for the same lines of authority in another state need not complete any education if the application is received within 90 days after the cancellation of the license, the other state certifies that the applicant was in good available if the records of the National Association of Insurancen is Commissioners show that the applicant is or was licensed and in good standing for the lines of authority requested.
An applicant for licensing in this state as a producer of insurance who was previously licensed for the same lines of authority in another state need not complete any education if the application is received within 90 days after the cancellation of the license, the other state certifies that the applicant was in good standing at the time of cancellation.
Alternatively, the exemption is available if the records of the National Association of Insurance Commissioners show that the applicant is or was licensed and in good standing for the lines of authority requested.
A person licensed in another state who moves to this state and desires to become licensed as a resident producer of insurance with the benefit of the exemption provided in subsection 1 must apply for licensing within 90 days after establishing legal residence.
A person licensed in another state who moves to this state and desires to become licensed as a resident producer of insurance - 80th Session (2019) – 15 – with the benefit of the exemption provided in subsection 1 must apply for licensing within 90 days after establishing legal residence.
The license fee set forth in NRS 680B.010 is not - *SB88_R1* – 15 – refundable.
The license fee set forth in NRS 680B.010 is not include the social security number of the applicant.e application must 2.
If the applicant is a natural person, the application must include the social security number of the applicant.
2.
(b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license pursuant to NRS 683A.451.
(b) Not committed any act that is a ground for refusal to issue, or (c) Paid all applicable fees prescribed for the license, which may not be refunded.
(c) Paid all applicable fees prescribed for the license, which may not be refunded.
(d) Passed each examination required for the license [and successfully completed each course of instruction which the Commissioner requires by regulation,] unless the applicant is a resident of another state and holds a similar license in that state.
successfully completed each course of instruction which thed Commissioner requires by regulation,] unless the applicant is a res2.entA business organization must be licensed as an insuranceate.
2.
consultant in order to act as such.
A business organization must be licensed as an insurance consultant in order to act as such.
and (b) Designated a natural person who is licensed as an insurance consultant in this State and who is affiliated with the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance.
and - 80th Session (2019) – 16 – (b) Designated a natural person who is licensed as an insurance consultant in this State and who is affiliated with the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance.
5.
to this chapter in one or more of the lines of authority set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 683A.261.
An insurance consultant may qualify for a license pursuant to this chapter in one or more of the lines of authority set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 683A.261.
Sec.
- *SB88_R1* – 16 – Sec.
(1) Investigates, negotiates or settles workers’ compensation claims;
claims;
and (2) Obtains a license pursuant to this chapter;
andInvestigates, negotiates or settles workers’ compensation (2) Obtains a license pursuant to this chapter;
[(f)] (e) An employee of an independent adjuster or an employee than 25 such employees under the supervision of an independentore adjuster or licensed agent and who:
[(f)] (e) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:
arising under an insurance contract from or furnishes sucherage information to an insured or a claimant;
(1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant;
[(g)] (f) A licensed agent who supervises not more than 25 employees described in paragraph [(f);] (e);
- 80th Session (2019) – 17 – [(g)] (f) A licensed agent who supervises not more than 25 employees described in paragraph [(f);] (e);
[(j)] (i) A person who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine the payment of claims;
[(j)] (i) A person who is employed to investigate suspected determine the payment of claims;who does not adjust losses or [(k)] (j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;
[(k)] (j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does - *SB88_R1* – 17 – not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;
or [(r)] (q) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims, is not considered an adjuster.
or of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims, is not considered an adjuster.
is representing the interests of an insurer or a self-insurer and who:
684A.030 1.
(a) Contracts for compensation with the insurer or self-insurer as contractor;ent contractor or an employee of an independent (b) Is treated for tax purposes by the insurer or self-insurer in a manner consistent with an independent contractor rather than an employee;
“Independent adjuster” means an adjuster who is representing the interests of an insurer or a self-insurer and who:
(a) Contracts for compensation with the insurer or self-insurer as an independent contractor or an employee of an independent contractor;
- 80th Session (2019) – 18 – (b) Is treated for tax purposes by the insurer or self-insurer in a manner consistent with an independent contractor rather than an employee;
The term does not include an adjuster who investigates, negotiates or settles workers’ compensation claims.
The term does not include an adjuster who investigates, neg3.iat“Company adjuster” means a salaried employee of an insurer who:
3.
“Company adjuster” means a salaried employee of an insurer who:
- *SB88_R1* – 18 – 4.
4.
For the purposes of subsection 1, unless the context requires that a section apply only to producers of insurance or insurers, any reference in those sections to “producer of insurance” or “insurer” must be replaced by a reference to “adjuster .” [or associate adjuster.”] Sec.
For the purposes of subsection 1, unless the context requires that a section apply only to producers of insurance or insurers, any must be replaced by a reference to “adjuster .” [or associatesurer” adjuster.”] Sec.
of a gross misdemeanor.ating the provisions of this section is guilty 3.
2.
Except as otherwise provided in NRS 684A.060, a person administrative fine of not more than $1,000 for each violation.ect to an 4.
Any person violating the provisions of this section is guilty of a gross misdemeanor.
- 80th Session (2019) – 19 – 3.
Except as otherwise provided in NRS 684A.060, a person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.
4.
684A.070 1.
Commissioner may not issue or continue any license as an adjuster, the except in compliance with the provisions of this chapter.
For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter.
(d) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, - *SB88_R1* – 19 – obtaining money under false pretenses, larceny, extortion or conspiracy to defraud;
(d) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion or conspiracy to defraud;
[and] (g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent [.] ;
[and] (g) Not be concurrently licensed as a producer of insurance for agent [.] ;
and (h) Establish and maintain a valid electronic mail address.
andlty or surety or a surplus lines broker, except as a bail (h) Establish and maintain a valid electronic mail address.
(1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History the applicant’s background and to such other law enforcementreport on agencies as the Commissioner deems necessary;
(1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on - 80th Session (2019) – 20 – the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary;
or Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.
or (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for enforcement agencies as the Commissioner deems necessary.law 3.
3.
and - *SB88_R1* – 20 – (c) Adopt regulations concerning the procedures for obtaining this information.
and (c) Adopt regulations concerning the procedures for obtaining this information.
Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated.
Each license issued under this chapter continues terminated.
A license may be renewed upon payment of all applicable fees for renewal to the Commissioner, completion of any other requirement for renewal of the license specified in this chapter and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person.
A license may be renewed upon payment of allotherwise applicable fees for renewal to the Commissioner, completion of any other requirement for renewal of the license specified in this chapter and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person.
(a) A fee for renewal of 150 percent of all applicable fees 680C.110 and subsection 2 of NRS 684A.050;uired pursuant to NRS (b) If the person requesting renewal is a natural person, the sta(c) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105;
- 80th Session (2019) – 21 – (a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050;
and (d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.
(b) If the person requesting renewal is a natural person, the statement required pursuant to NRS 684A.143;
(c) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105;
and (d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of military service, extended medical disability or othere extenuating circumstance.
- *SB88_R1* – 21 – 5.
5.
6.
under NRS 684A.150.does not apply to temporary licenses issued Sec.
This section does not apply to temporary licenses issued under NRS 684A.150.
Sec.
3.
- 80th Session (2019) – 22 – 3.
1;
(a) Fails to submit the statement required pursuant to subsection 1;
or) Fails to submit the statement required pursuant to subsection (b) Indicates on the statement submitted pursuant to subsection child and is not in compliance with the order or a plan approved by a the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
or (b) Indicates on the statement submitted pursuant to subsection that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4.
to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(a) A license as a]n [adjuster;
(a) A license as an adjuster;
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the - *SB88_R1* – 22 – suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license [,] as an adjuster, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license [,] as an adjuster, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless by the district attorney or other public agency pursuant to NRSlicense 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
and (b) A license as an associate adjuster.] Sec.
and - 80th Session (2019) – 23 – (b) A license as an associate adjuster.] Sec.
Every adjuster who is a resident of this State shall have and maintain in this state a place of business accessible to transactions under his or her license.
Every adjuster who is a resident of this State shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license.
The address of such place shall appear upon the application for a license and upon the license, when writing of any change thereof.
The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof.
Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.
Nothing in this section shall prohibit state.intenance of such place in the licensee’s residence in this 2.
2.
The license of a business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any - *SB88_R1* – 23 – individual designated with respect to the license to exercise its powers.
The license of a business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated with respect to the license to exercise its powers.
The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.
The holder of any license which has been suspended or revSec.
Sec.
NRS 684A.220 is hereby amended to read as follows:
NRS 684A.220 is hereby amended to read as follows:ner.
684A.220 NRS 683A.451, 683A.461 and 683A.480 also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses, [and associate adjusters’ licenses,] except where in conflict with the express provisions of this chapter.
684A.220 NRS 683A.451, 683A.461 and 683A.480 also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses , [and associate adjusters’ licenses,] except where in conflict with the express provisions of this chapter.
Sec.
Secs.
22.
22-28.
23.
(Deleted by amendment.) Sec.
24.
(Deleted by amendment.) Sec.
25.
(Deleted by amendment.) Sec.
26.
(Deleted by amendment.) Sec.
27.
(Deleted by amendment.) Sec.
28.
(Deleted by amendment.) Sec.
2.
- 80th Session (2019) – 24 – 2.
For the purposes of subsection 1, unless the context requires sections to “insurer” must be replaced by “health maintenancese organization.” Sec.
For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by “health maintenance organization.” Secs.
31.
30 and 31.
If an exchange enrollment facilitator fails to obtain an appointment by the Exchange within 30 days after the date on which the certificate was issued, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.
If an exchange enrollment facilitator fails to obtain an appointment by the Exchange within 30 days after the date on which the certificate was issued, the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.
If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.] - *SB88_R1* – 24 – 3.
If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.] 3.
and (b) The exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator under his or her certificate .
and (b) The exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator under facilitator receives a new appointment by the Exchange.
[until such time as the exchange enrollment facilitator receives a new appointment by the Exchange.
If thellment exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date on which the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.] 4.
If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date on which the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.] 4.
Sec.
- 80th Session (2019) – 25 – Sec.
chapter does not apply:to polygraphic examiners and interns, this 1.
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
To any detective or officer belonging to the law enforcement county or city of the State of Nevada, while the detective or officer is engaged in the performance of his or her official duties.
1.
To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his or her official duties.
To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his or her official duties.
To special police officers appointed by the police of Nevada while the officer is engaged in the performance of his or her official duties.
- *SB88_R1* – 25 – 6.
6.
8.
To an attorney at law in performing his or her duties as such.
To a collection agency unless engaged in business as a repossessor, licensed by the Commissioner of Financial Institutions, or an employee thereof while acting within the scope of his or her employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.
To a collection agency unless engaged in business as aas such.
repossessor, licensed by the Commissioner of Financial Institutions, or an employee thereof while acting within the scope of his or her employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.
12.
- 80th Session (2019) – 26 – 12.
To any commercial registered agent, as defined in NRS 77.040, who obtains copies of, examines or extracts information local government, or any agency or political subdivision of anyr foreign, federal, state or local government.
To any commercial registered agent, as defined in NRS 77.040, who obtains copies of, examines or extracts information from public records maintained by any foreign, federal, state or local government, or any agency or political subdivision of any foreign, federal, state or local government.
issued by the Nevada State Board of Accountancy pursuant toccountant chapter 628 of NRS while performing his or her duties pursuant to the certificate.
14.
To any holder of a certificate of certified public accountant issued by the Nevada State Board of Accountancy pursuant to chapter 628 of NRS while performing his or her duties pursuant to the certificate.
35.
(Deleted by amendment.) Sec.
- *SB88_R1* – 26 – TEXT OF REPEALED SECTION 684A.140 Associate adjuster:
~~~~~ 19 - 80th Session (2019)
Application for license;
fee;
license;
penalty.
of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or her or to be employed by him or her contingent upon issuance of the license.
Each person who desires to become licensed as an associate adjuster must submit an application to the Commissioner for such a license.
The application must include the social security number of the applicant.
2.
Upon payment of all applicable fees, the Commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the State to act on behalf of the licensee.
The Commissioner shall not issue a license as an associate adjuster to a casualty or surety or a surplus lines broker.ance for property, 3.
The license of an associate adjuster may be renewed upon payment of all applicable fees.
The license terminates at the same time as the license of the employing adjuster unless, within 30 days after the termination of the license, the associate adjuster submits to the Commissioner all applicable fees and a request to be employed by another employing adjuster.
The Commissioner shall promptly terminate an associate adjuster’s license upon written request therefor by the employing adjuster.
4.
A person shall not act as or hold himself or herself out in this State to be an associate adjuster unless the person holds a violation of this provision is a gross misdemeanor.
Commissioner.
A H - *SB88_R1*
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Amendments

1 amendment

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Action History

  1. Chapter 503.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Vacant: 1.) To Senate.

  6. Read second time. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  7. From committee: Do pass.

  8. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 8.) To printer.

  11. Notice of eligibility for exemption.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Senate Committee on Commerce and Labor · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Commerce and Labor

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 88 do?
AN ACT relating to insurance; revising provisions relating to licenses, certificates, permits and other authorizations for producers of insurance and other persons regulated by the Commissioner of Insurance; revising certain educational requirements for persons regulated by the Commissioner of Insurance; revising certain licensing and other fees; and providing other matters properly relating thereto.
Who sponsors SB 88?
SB 88 is sponsored by Senate Committee on Commerce and Labor.
What is the current status of SB 88?
This bill has been enacted into law. Introduced November 21, 2018. Enacted.
Where can I track SB 88?
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