Bill Text: WV HB5082 | 2024 | Regular Session | Comm Sub
Bill Title: Exempt those with 25 years holding an insurance license from attaining additional CEUs
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2024-03-09 - Communicated to House [HB5082 Detail]
Download: West_Virginia-2024-HB5082-Comm_Sub.html
WEST virginia legislature
2024 regular session
Committee Substitute
for
House Bill 5082
By Delegates Brooks, Chiarelli, Horst, E. Pritt, and Gearheart
[Originating in the Committee on Government Organization; Reported on February 14, 2024]
A BILL to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to creating an exception to certain continuing-education requirements for certain holders of an insurance license; providing that persons 55 years of age or older who have held an insurance license for 25 continuous years are exempt from continuing-education requirements; providing that persons qualifying for that exemption are still required to meet any continuing-education requirements that pertain to ethics.
Be it enacted by the Legislature of West Virginia:
ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.
§33-12-8. Continuing education required; exceptions.
The purpose of this section is to provide continuing education requirements under guidelines set up under the Insurance Commissioner’s office in conjunction with the Board of Insurance Agent Education.
(a) This section applies to individual insurance producers licensed to engage in the sale of the following types of insurance:
(1) Life. — Life insurance coverage on human lives, including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income;
(2) Accident and health or sickness. — Insurance coverage for sickness, bodily injury, or accidental death and may include benefits for disability income;
(3) Property. — Property insurance coverage for the direct or consequential loss or damage to property of every kind;
(4) Casualty. — Insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property;
(5) Variable life and variable annuity products. — Insurance coverage provided under variable life insurance contracts and variable annuities;
(6) Personal lines. — Property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes; and
(7) Any other line of insurance permitted under state laws or regulations.
(b) This section does not apply to:
(1) Individual insurance producers holding limited line credit insurance licenses for any kind or kinds of insurance offered in connection with loans or other credit transactions or insurance for which an examination is not required by the commissioner, nor does it apply to any limited or restricted license as the commissioner may exempt; and
(2) Individual insurance producers selling credit life or credit accident and health insurance.
(c)(1) The Board of Insurance Agent Education as established by §33-12-7 of this code shall develop a program of continuing insurance education and submit the proposal for the approval of the commissioner on or before December 31 of each year. No program may be approved by the commissioner that includes a requirement that any individual insurance producer complete more than 24 hours of continuing insurance education biennially. No program may be approved by the commissioner that includes a requirement that any of the following individual insurance producers complete more than six hours of continuing insurance education biennially:
(A) Individual insurance producers who sell only preneed burial insurance contracts; and
(B) Individual insurance producers who engage solely in telemarketing insurance products by a scripted presentation which scripted presentation has been filed with and approved by the commissioner.
(C) The biennium mandatory continuing insurance education provisions of this section become effective on the reporting period beginning July 1, 2006.
(2) The commissioner and the board, under standards established by the board, may approve any course or program of instruction developed or sponsored by an authorized insurer, accredited college or university, agents’ association, insurance trade association, or independent program of instruction that presents the criteria and the number of hours that the board and commissioner determine appropriate for the purpose of this section.
(d) Individual insurance producers licensed to sell insurance and who are not otherwise exempt shall satisfactorily complete the courses or programs of instructions the commissioner may prescribe.
(e) Every individual insurance producer subject to the continuing education requirements shall furnish, at intervals and on forms as may be prescribed by the commissioner, written certification listing the courses, programs, or seminars of instruction successfully completed by the person. The certification shall be executed by, or on behalf of, the organization sponsoring the courses, programs, or seminars of instruction.
(f) Subject to the approval by the commissioner, the active annual membership by an individual insurance producer in an organization or association recognized and approved by the commissioner as a state, regional, or national professional insurance organization or association may be approved by the commissioner for up to two hours of continuing insurance education: Provided, That not more than two hours of continuing insurance education may be awarded to an individual insurance producer for membership in a professional insurance organization during a biennial reporting period. Credit for continuing insurance education pursuant to this subdivision may only be awarded to individual insurance producers who are required to complete more than six hours of continuing education biennially.
(g) Individual insurance producers who are required to complete more than six hours of continuing education biennially and who exceed the minimum continuing education requirement for the biennial reporting period may carry-over a maximum of six credit hours only into the next reporting period.
(h) Any individual insurance producer failing to meet the requirements mandated in this section and who has not been granted an extension of time, with respect to the requirements, or who has submitted to the commissioner a false or fraudulent certificate of compliance shall have his or her license automatically suspended and no further license may be issued to the person for any kind or kinds of insurance until the person demonstrates to the satisfaction of the commissioner that he or she has complied with all of the requirements mandated by this section and all other applicable laws or rules.
(i) The commissioner shall notify the individual insurance producer of his or her suspension pursuant to §33-12-8(h) of this code by electronic mail or regular mail, if requested, to the last respective address on file with the commissioner pursuant to §33-12-9(f) of this code. Any individual insurance producer who has had a suspension notice entered against him or her pursuant to this section may, within 30 calendar days of receipt of the notice, file with the commissioner a request for a hearing for reconsideration of the matter.
(j) Any individual insurance producer who does not satisfactorily demonstrate compliance with this section and all other laws applicable thereto as of the last day of the biennium following his or her suspension shall have his or her license automatically canceled and is subject to the education and examination requirements of §33-12-5 of this code.
(k) The commissioner is authorized to hire personnel and make reasonable expenditures considered necessary for purposes of establishing and maintaining a system of continuing education for insurers. The commissioner shall charge a fee of $25 to continuing education providers for each continuing education course submitted for approval which shall be used to maintain the continuing education system. The commissioner may, at his or her discretion, designate an outside administrator to provide all of or part of the administrative duties of the continuing education system subject to direction and approval by the commissioner. The fees charged by the outside administrator shall be paid by the continuing education providers. In addition to fees charged by the outside administrator, the outside administrator shall collect and remit to the commissioner the $25 course submission fee.
(l) Those persons who have held an insurance license for 25 continuous years or more are exempt from the requirement to attain continuing education under this section. He or she may attend continuing education, but it is not a requirement: Provided, That any continuing education requirements related to ethics required by the commissioner shall be required without regard to the period of time an agent has been licensed.
NOTE: The purpose of this bill is to exempt persons who have held an insurance license for 20 years or more from the requirement to attend continuing education courses.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
