Amendment No. 197

Senate Amendment to Senate Bill No. 351 (BDR 57-1418)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

"Section 1. Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:

If a short-term lessor of passenger vehicles licensed pursuant to NRS 482.363 holds a limited agent’s license issued pursuant to NRS 683A.260, an employee of the short-term lessor may engage in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 without a license issued pursuant to this chapter, if the solicitation and sale of such insurance is done on behalf of, and under the supervision of, the short-term lessor.

Sec. 2. NRS 683A.100 is hereby amended to read as follows:

683A.100 In addition to persons excluded by the terms thereof, the definitions of an agent, broker, solicitor or managing general agent [shall not be deemed to] do not include any of the following:

1. Salaried employees rendering solely clerical and administrative services in the office of the employer.

2. Salaried administrative and clerical employees of agents and brokers performing any functions in the office and under the supervision of the employer and receiving no commissions.

3. Salaried employees of insurers, or of organizations employed by insurers, engaged in inspecting, rating or classifying risks, or in general supervision of agents, and not in the solicitation or writing of insurance.

4. Officers of insurers or of an association of insurers engaged in the performance of their usual and customary executive duties, exclusive of field solicitation of insurance other than rendering assistance to or on behalf of a licensed agent but receiving no commission or other compensation directly dependent upon the amount of business transacted.

5. Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:

(a) Such persons receive no commissions directly or indirectly on such insurance; and

(b) Such persons or their employers have an insurable interest in the risk evidenced by the certificate or declaration.

6. Persons who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.

7. Service representatives.

8. Employees of a short-term lessor of passenger vehicles who engage solely in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 in accordance with section 1 of this act.".

Amend section 1, page 2, by deleting lines 36 and 37 and inserting:

"licensed pursuant to NRS 482.363 whose insurance activities are limited to the".

Amend section 1, page 2, by deleting line 39 and inserting:

"482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.".

Amend sec. 2, page 3, by deleting lines 9 and 10 and inserting:

"NRS 482.363 whose insurance activities are limited to the solicitation and sale of".

Amend sec. 2, page 3, line 11, by deleting "482.3158." and inserting:

"482.3158, where the insurance is offered within an agreement to lease a vehicle as optional insurance which is in effect only during the term of the lease of the vehicle.".

Amend the title of the bill to read as follows:

"AN ACT relating to short-term lessors of passenger cars; authorizing the commissioner of insurance to issue a limited agent’s license to a short-term lessor of passenger cars who conducts certain limited insurance activities; providing an exemption from examination for applicants for such limited licenses; authorizing employees of such a short-term lessor to conduct without a license certain limited insurance activities within the scope of the limited license held by the short-term lessor; and providing other matters properly relating thereto.".