Senate Bill No. 351–Senator Townsend
March 10, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to licensure of short-term lessors of passenger cars and their employees who solicit or sell optional insurance to lessees. (BDR 57-1418)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 683A of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
If a short-term lessor of passenger vehicles licensed pursuant to NRS1-4
482.363 holds a limited agent’s license issued pursuant to NRS1-5
683A.260, an employee of the short-term lessor may engage in the1-6
solicitation and sale of insurance requested by a lessee pursuant to NRS1-7
482.3158 without a license issued pursuant to this chapter, if the1-8
solicitation and sale of such insurance is done on behalf of, and under1-9
the supervision of, the short-term lessor.1-10
Sec. 2. NRS 683A.100 is hereby amended to read as follows: 683A.100 In addition to persons excluded by the terms thereof, the1-12
definitions of an agent, broker, solicitor or managing general agent1-13
1-14
1. Salaried employees rendering solely clerical and administrative1-15
services in the office of the employer.2-1
2. Salaried administrative and clerical employees of agents and brokers2-2
performing any functions in the office and under the supervision of the2-3
employer and receiving no commissions.2-4
3. Salaried employees of insurers, or of organizations employed by2-5
insurers, engaged in inspecting, rating or classifying risks, or in general2-6
supervision of agents, and not in the solicitation or writing of insurance.2-7
4. Officers of insurers or of an association of insurers engaged in the2-8
performance of their usual and customary executive duties, exclusive of2-9
field solicitation of insurance other than rendering assistance to or on2-10
behalf of a licensed agent but receiving no commission or other2-11
compensation directly dependent upon the amount of business transacted.2-12
5. Persons completing or delivering declarations or certificates of2-13
coverage under running inland marine insurance contracts evidencing2-14
coverage thereunder, if:2-15
(a) Such persons receive no commissions directly or indirectly on such2-16
insurance; and2-17
(b) Such persons or their employers have an insurable interest in the risk2-18
evidenced by the certificate or declaration.2-19
6. Persons who secure and furnish information for the purposes of2-20
group life insurance, group or blanket health insurance or annuity2-21
coverages, or for enrolling individuals under such plans or issuing2-22
certificates thereunder or otherwise assisting in administering such plans2-23
where no commission is paid for such services.2-24
7. Service representatives.2-25
8. Employees of a short-term lessor of passenger vehicles who2-26
engage solely in the solicitation and sale of insurance requested by a2-27
lessee pursuant to NRS 482.3158 in accordance with section 1 of this act.2-28
Sec. 3. NRS 683A.180 is hereby amended to read as follows: 683A.180 Except as otherwise provided in subsection 3 of NRS2-30
683A.2702-31
683A.1702-32
1. Applicants with respect to life and health2-33
insurance or health insurance who hold the designation of chartered life2-34
underwriter (C.L.U.). Applicants must show such proof of holding the2-35
designation as may be required by the commissioner.2-36
2. Applicants with respect to property, casualty and surety insurance ,2-37
2-38
property and casualty underwriter (C.P.C.U.). Applicants must show such2-39
proof of holding the designation as may be required by the commissioner.2-40
3. Any applicant for a license which would cover the same kind or2-41
kinds of insurance as those for which he was licensed under a similar2-42
license in this state, other than a temporary license, within 6 months next3-1
preceding the date of application, unless the previous license was revoked,3-2
suspended or continuation thereof refused by the commissioner.3-3
4. Any applicant for an agent’s license who3-4
(a) Is currently licensed as a resident broker or solicitor for the same3-5
kind or kinds of insurance, or has been so licensed within 6 months next3-6
preceding the date of the application unless the previous license was3-7
revoked, suspended or continuation thereof refused by the commissioner3-8
3-9
(b) If the applicant is currently licensed as a solicitor, has had at least 13-10
year of experience under his solicitor’s license satisfactory to the3-11
commissioner.3-12
5. Any applicant for a broker’s license who has been licensed as a3-13
resident agent or solicitor in this state for the same kinds of insurance3-14
within 1 year preceding the date of the application, unless the previous3-15
license was revoked, suspended or continuation thereof refused by the3-16
commissioner ,3-17
(a) A resident agent , the applicant has had at least 1 year3-18
experience under his agent’s license satisfactory to the commissioner;3-19
and3-20
(b) A solicitor , the applicant has had at least 2 years3-21
under his3-22
to the commissioner.3-23
6. Any applicant for a solicitor’s license who has been licensed as a3-24
resident agent, broker or solicitor in this state for the same kinds of3-25
insurance within 6 months next preceding the date of the application, unless3-26
the previous license was revoked, suspended or continuation thereof3-27
refused by the commissioner.3-28
7. Applicants with respect to variable annuities who are, or within the3-29
next preceding 6 months have been, licensed or registered as securities3-30
broker-dealers under laws administered by the Securities and Exchange3-31
Commission or any successor agency of the Federal Government.3-32
8. Persons representing public carriers under limited licenses issued3-33
under NRS 683A.260.3-34
9. Title insurance agents.3-35
10. An applicant who is a short-term lessor of passenger cars3-36
licensed pursuant to NRS 482.363 whose insurance activities are limited3-37
to the solicitation and sale of insurance requested by a lessee pursuant to3-38
NRS 482.3158, where the insurance is offered within an agreement to3-39
lease a vehicle as optional insurance which is in effect only during the3-40
term of the lease of the vehicle.3-41
Sec. 4. NRS 683A.260 is hereby amended to read as follows: 683A.260 1. The commissioner may issue a limited agent’s license to3-43
an applicant qualified under this chapter:4-1
(a) Who represents public carriers and in the course of his representation4-2
solicits or sells insurance incidentally to the transportation of persons or to4-3
the storage or transportation of property;4-4
(b) Whose insurance activities are limited to the solicitation and sale of:4-5
(1) Credit insurance, as defined in NRS 690A.015, and credit4-6
property and casualty insurance; or4-7
(2) Fixed annuities4-8
(c) Who is a short-term lessor of passenger cars licensed pursuant to4-9
NRS 482.363 whose insurance activities are limited to the solicitation4-10
and sale of insurance requested by a lessee pursuant to NRS 482.3158,4-11
where the insurance is offered within an agreement to lease a vehicle as4-12
optional insurance which is in effect only during the term of the lease of4-13
the vehicle.4-14
2.4-15
commissioner may adopt regulations which require the applicant to pass an4-16
appropriate examination before the issuance of a license pursuant to this4-17
section.4-18
3. Except for a bank or a bank holding company, or a parent,4-19
subsidiary or affiliate of a bank that may be licensed to sell fixed and4-20
variable annuities, and credit insurance as defined in NRS 690A.015, a4-21
person to whom a license is issued pursuant to this section may not4-22
concurrently hold any other license authorized by this chapter.~