Bill Text: GA HB477 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Insurance; transition from annual to biennial license renewal; provide

Sponsorship: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2012-03-22 - Effective Date [HB477 Detail]

Download: Georgia-2011-HB477-Introduced.html

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11 LC 37 1191

House Bill 477

By: Representatives Shaw of the 176th, Meadows of the 5th, Maxwell of the 17th, Hembree of the 67th, James of the 135th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.

SECTION 1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-8-1, relating to fees and taxes, as follows:

"33-8-1.

The Commissioner is authorized to assess and collect in advance, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this title as follows:

(1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal of a certificate of authority, or renewal of a license:
(A) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (new license)	$ 50.00 100.00
(B) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (biennial license renewal)	50.00 100.00
(B.1) Each branch office of an insurance agency other than the principal office (new license)	10.00 20.00
(B.2) Each branch office of an insurance agency other than the principal office (biennial license renewal)	10.00
(C) Agent certificate of authority for subagent	5.00

(D) Automobile self-insurance	100.00
(E) Captive insurance company:
Original license or certificate	600.00
Renewal license or certificate	500.00
(F) Continuing care provider	75.00
(G) Duplicate certificate of authority, license, or permit	25.00
(H) Farmers mutual fire insurance company:
Original license or certificate	500.00
Renewal license or certificate	25.00
(I) Fraternal benefit society:
Original license or certificate	600.00
Renewal license or certificate	500.00
(I.1) Health care corporations:
Original license or certificate	600.00
Renewal license or certificate	500.00
(J) Health maintenance organization:
Original license or certificate	600.00
Renewal license or certificate	500.00
(K) Insurer certificate of authority for agent	10.00
(L) Life, accident, and sickness insurance company:
Original license or certificate	600.00
Renewal license or certificate	500.00
(M) Managing general agent:
Original license or certificate	600.00
Renewal license or certificate	500.00
(N) Multiple employer self-insurance plan	400.00
(O) Premium finance company (full power)	500.00
(P) Premium finance company (limited power)	300.00
(Q) Reserved
(R) Prepaid legal services plans	500.00
(S) Private review agents:
Original license or certificate	1,000.00
Renewal license or certificate	500.00
(T) Property and casualty insurance company:
Original license or certificate	600.00
Renewal license or certificate	500.00
(U) Nonprofit organizations (medical service or hospital service corporation):
Original license or certificate	600.00
Renewal license or certificate	500.00
(V) Rating or advisory organization	100.00
(W) Reinsurance intermediary	50.00
(X) Surplus lines broker	300.00 600.00
(Y) Third-party administrators:
Original license or certificate	500.00
Renewal license or certificate	400.00
(Z) Title insurance company:
Original license or certificate	600.00
Renewal license or certificate	500.00
(AA) Utilization review agent	200.00
(BB) Each vending machine licensed under Chapter 23 of this title	25.00
(CC) Workers' compensation group self-insurance fund:
Original license or certificate	600.00
Renewal license or certificate	500.00
(2) Bond or security deposits:
(A) Not over $5,000.00	4.00
(B) Not over $10,000.00	8.00
(C) Not over $25,000.00	15.00
(D) Not over $50,000.00	25.00
(E) Over $50,000.00 but less than $100,000.00	40.00
(F) $100,000.00 or more	50.00
(3) Examination fee for agent's, subagent's, counselor's, or adjuster's license	25.00
(4) Application fee for agent's, subagent's, adjuster's, or counselor's license	15.00
(5) Status letter for agent, subagent, counselor, or adjuster	10.00
(6) For the following filings:
(A) Bylaws amendments	25.00
(B) Certification of annual statement	10.00
(C) Certification of examination report	10.00
(D) Certification of other documents	5.00
(E) Charter amendments	25.00
(F) Education course provider (original filing)	100.00 200.00
(G) Education course provider (biennial renewal filing)	50.00 100.00
(H) Education course or program	10.00 20.00
(I) Education course instructor	10.00 20.00
(J) Financial statement	50.00
(K) Form A	5,000.00
(L) Form A exemption	1,000.00
(M) Form B	500.00
(N) Form B exemption	100.00
(O) Individual risk rate or form	10.00
(P) Insurance policy form	25.00
(Q) Insurance rate filing	75.00
(R) Listing of licensed agents, subagents, counselors, or adjusters	1,000.00
(S) Listing of insurer's certificates of authority filed for agents	5.00
(T) Listing of agent's certificates of authority filed for subagents	5.00
(U) List of licensees or permit or certificate holders other than agents, subagents, counselors, or adjusters	40.00
(V) License, permit, or certificate of authority amendment	25.00
(W) Late fee for filings	15.00
(X) Registration of risk retention groups	100.00
(Y) Registration of purchasing groups	100.00
(Z) Filing of other documents	50.00
(AA) Amendment of filings	25.00
Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters.
(AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters	No charge
(BB) Service of process	15.00
(7) For refiling of corrected documents under this Code section, provided that fees were paid with original filing	No charge"

SECTION 2.

Said title is further amended by revising Code Section 33-23-3, relating to agency licensing and annual renewals, as follows:

"33-23-3.

(a) Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must obtain an agency license prior to commencement of operations and renew such license annually biennially by filing application forms prescribed by the Commissioner.

(b) An agency shall be subject to all penalties, fines, criminal sanctions, and other actions authorized for agents under this chapter.

(c) No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended."

SECTION 3.

Said title is further amended by revising Code Section 33-23-17, relating to registration of nonresident representatives to represent life insurers in military installations in foreign countries, as follows:

"33-23-17.

An individual who is not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such individual only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual a biennial registration fee of $25.00, issue a certificate of registration to the individual. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment and that such applicant has not had his or her privileges to solicit on or enter any United States military installation revoked, suspended, or restricted in any manner. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title."

SECTION 4.

Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 33-23-37, relating to licensing of a surplus lines broker, as follows:

"(3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually biennially by filing an application and paying the prescribed fee in accordance with this Code section;"

SECTION 5.

Said title is further amended by adding a new Code section to read as follows:

"33-23-47.

(a) Any agent, agency, subagent, counselor, or adjuster license shall continue in force until expired, suspended, revoked, or otherwise terminated, but subject to payment to the Commissioner biennially, on or before December 31 of the renewal year of the continuation fee stated in Code Section 33-8-1, accompanied by written request for continuation.

(b) Any license as to which the fee and request for continuation is not received by the Commissioner as required in subsection (a) of this Code section shall be deemed to have expired at midnight on December 31 of the renewal year. Request for a continuation fee therefor which is received by the Commissioner after December 31 of the renewal year, but before the next following February 15, may be accepted and effectuated by the Commissioner, in his or her discretion, if accompanied by a continuation fee of one and one-half times the continuation fee otherwise required by Code Section 33-8-1.

(c) The Commissioner shall, by regulation or rule, provide for the transition from annual renewal to biennial renewal of licenses for agents, agencies, subagents, counselors, and adjusters by staggering the renewal periods in 2011 and 2012. Certain licensees may be required to renew for one year at one-half the biennial fee otherwise required by this article. The Commissioner may further promulgate rules and regulations concerning the timing of continuing education requirements on an annual or biennial basis to ensure the proper continuing education requirements of the licensees under this article."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.