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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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.

 

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 thereto

1-2 a new section to read as follows:

1-3 If a short-term lessor of passenger vehicles licensed pursuant to NRS

1-4 482.363 holds a limited agent’s license issued pursuant to NRS

1-5 683A.260, an employee of the short-term lessor may engage in the

1-6 solicitation and sale of insurance requested by a lessee pursuant to NRS

1-7 482.3158 without a license issued pursuant to this chapter, if the

1-8 solicitation and sale of such insurance is done on behalf of, and under

1-9 the supervision of, the short-term lessor.

1-10 Sec. 2. NRS 683A.100 is hereby amended to read as follows:

1-11 683A.100 In addition to persons excluded by the terms thereof, the

1-12 definitions of an agent, broker, solicitor or managing general agent [shall

1-13 not be deemed to] do not include any of the following:

1-14 1. Salaried employees rendering solely clerical and administrative

1-15 services in the office of the employer.

2-1 2. Salaried administrative and clerical employees of agents and brokers

2-2 performing any functions in the office and under the supervision of the

2-3 employer and receiving no commissions.

2-4 3. Salaried employees of insurers, or of organizations employed by

2-5 insurers, engaged in inspecting, rating or classifying risks, or in general

2-6 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 the

2-8 performance of their usual and customary executive duties, exclusive of

2-9 field solicitation of insurance other than rendering assistance to or on

2-10 behalf of a licensed agent but receiving no commission or other

2-11 compensation directly dependent upon the amount of business transacted.

2-12 5. Persons completing or delivering declarations or certificates of

2-13 coverage under running inland marine insurance contracts evidencing

2-14 coverage thereunder, if:

2-15 (a) Such persons receive no commissions directly or indirectly on such

2-16 insurance; and

2-17 (b) Such persons or their employers have an insurable interest in the risk

2-18 evidenced by the certificate or declaration.

2-19 6. Persons who secure and furnish information for the purposes of

2-20 group life insurance, group or blanket health insurance or annuity

2-21 coverages, or for enrolling individuals under such plans or issuing

2-22 certificates thereunder or otherwise assisting in administering such plans

2-23 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 who

2-26 engage solely in the solicitation and sale of insurance requested by a

2-27 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:

2-29 683A.180 Except as otherwise provided in subsection 3 of NRS

2-30 683A.270 [(continuation, expiration of license),] , the provisions of NRS

2-31 683A.170 [does] do not apply to and no such examination is required of:

2-32 1. Applicants with respect to life and health [or] insurance, life

2-33 insurance or health insurance who hold the designation of chartered life

2-34 underwriter (C.L.U.). Applicants must show such proof of holding the

2-35 designation as may be required by the commissioner.

2-36 2. Applicants with respect to property, casualty and surety insurance ,

2-37 [(] or any combination thereof , [)] who hold the designation of chartered

2-38 property and casualty underwriter (C.P.C.U.). Applicants must show such

2-39 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 or

2-41 kinds of insurance as those for which he was licensed under a similar

2-42 license in this state, other than a temporary license, within 6 months next

3-1 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 who [is] :

3-4 (a) Is currently licensed as a resident broker or solicitor for the same

3-5 kind or kinds of insurance, or has been so licensed within 6 months next

3-6 preceding the date of the application unless the previous license was

3-7 revoked, suspended or continuation thereof refused by the commissioner [,

3-8 and if] ; and

3-9 (b) If the applicant is currently licensed as a solicitor, has had at least 1

3-10 year of experience under his solicitor’s license satisfactory to the

3-11 commissioner.

3-12 5. Any applicant for a broker’s license who has been licensed as a

3-13 resident agent or solicitor in this state for the same kinds of insurance

3-14 within 1 year preceding the date of the application, unless the previous

3-15 license was revoked, suspended or continuation thereof refused by the

3-16 commissioner , [;] and if [an] the applicant has been licensed as:

3-17 (a) A resident agent , the applicant has had at least 1 year [, and if a] of

3-18 experience under his agent’s license satisfactory to the commissioner;

3-19 and

3-20 (b) A solicitor , the applicant has had at least 2 years [,] of experience

3-21 under his [agent’s or] solicitor’s license [, as the case may be,] satisfactory

3-22 to the commissioner.

3-23 6. Any applicant for a solicitor’s license who has been licensed as a

3-24 resident agent, broker or solicitor in this state for the same kinds of

3-25 insurance within 6 months next preceding the date of the application, unless

3-26 the previous license was revoked, suspended or continuation thereof

3-27 refused by the commissioner.

3-28 7. Applicants with respect to variable annuities who are, or within the

3-29 next preceding 6 months have been, licensed or registered as securities

3-30 broker-dealers under laws administered by the Securities and Exchange

3-31 Commission or any successor agency of the Federal Government.

3-32 8. Persons representing public carriers under limited licenses issued

3-33 under NRS 683A.260.

3-34 9. Title insurance agents.

3-35 10. An applicant who is a short-term lessor of passenger cars

3-36 licensed pursuant to NRS 482.363 whose insurance activities are limited

3-37 to the solicitation and sale of insurance requested by a lessee pursuant to

3-38 NRS 482.3158, where the insurance is offered within an agreement to

3-39 lease a vehicle as optional insurance which is in effect only during the

3-40 term of the lease of the vehicle.

3-41 Sec. 4. NRS 683A.260 is hereby amended to read as follows:

3-42 683A.260 1. The commissioner may issue a limited agent’s license to

3-43 an applicant qualified under this chapter:

4-1 (a) Who represents public carriers and in the course of his representation

4-2 solicits or sells insurance incidentally to the transportation of persons or to

4-3 the storage or transportation of property; [or]

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 credit

4-6 property and casualty insurance; or

4-7 (2) Fixed annuities [.] ; or

4-8 (c) Who is a short-term lessor of passenger cars licensed pursuant to

4-9 NRS 482.363 whose insurance activities are limited to the solicitation

4-10 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 as

4-12 optional insurance which is in effect only during the term of the lease of

4-13 the vehicle.

4-14 2. [The] Except as otherwise provided in NRS 683A.180, the

4-15 commissioner may adopt regulations which require the applicant to pass an

4-16 appropriate examination before the issuance of a license pursuant to this

4-17 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 and

4-20 variable annuities, and credit insurance as defined in NRS 690A.015, a

4-21 person to whom a license is issued pursuant to this section may not

4-22 concurrently hold any other license authorized by this chapter.

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