House Bill 408
By: Representatives Gilliard of the 162nd, Cannon of the 58th, and Scott of the 76th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to
insurance licensing, so as to repeal prelicensing education requirements applicable to certain
insurance licenses; to provide a three-day maximum on the reexamination waiting period for
applicants; to make conforming changes; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance
licensing, is amended by revising Code Section 33-23-5, relating to qualifications and
requirements for license, as follows:
"33-23-5.
(a) For the protection of the people of this state, the Commissioner shall not issue,
continue, or permit to exist any license, except in compliance with this chapter and except
as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16,
33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not issue a license
to any individual applicant for a license who does not meet or conform to qualifications or
requirements set forth in paragraphs (1) through (7) of this subsection:
(1) The individual applicant shall be a resident of this state who shall reside and be
present within this state for at least six months of every year or an individual whose
principal place of business is within this state; provided, however, that in cities, towns,
or trade areas, either unincorporated or composed of two or more incorporated cities or
towns, located partly within and partly outside this state, requirements as to residence and
principal place of business shall be deemed met if the residence or place of business is
located in any part of the city, town, or trade area and if the other state in which the city,
town, or trade area is located in part has established like requirements as to residence and
place of business. The individual applying for an agent, adjuster, or counselor license
shall be at least 18 years of age;
(2) If applying for an agent's license for property and casualty insurance, the applicant
shall not use or intend to use such license for the purpose of obtaining a rebate or
commission upon controlled business; and the applicant shall not in any calendar year
effect controlled business that will aggregate as much as 25 percent of the volume of
insurance effected by such applicant during such year, as measured by the comparative
amounts of premiums;
(3) The individual applicant shall be of good character;
(4) The individual applicant shall pass any written examination required for the license
by this article, provided that:
(A) An individual who applies for an insurance agent's license in this state who was
previously licensed for the same lines of authority in another state shall not be required
to complete any <del>prelicensing education or</del> examination. This exemption shall only be
available if the individual is currently licensed in that state or if the application is
received within 90 days of the cancellation of the applicant's previous license and if the
prior state issues a certification that, at the time of cancellation, the applicant was in
good standing in that state or the state's producer data base records maintained by the
National Association of Insurance Commissioners, its affiliates, or subsidiaries indicate
that the agent is or was licensed in good standing for the line of authority requested; and
(B) An individual licensed as an insurance agent in another state who moves to this
state shall make application within 90 days of establishing legal residence to become
a resident licensee pursuant to Code Section 33-23-8. No <del>prelicensing education or
</del> examination shall be required of that individual to obtain a license for any line of
authority previously held in the prior state except where the Commissioner determines
otherwise by rule or regulation;
(5) If applying for a license as counselor, the applicant shall show that he or she either
has had five years' experience as an agent, subagent, or adjuster or in some other phase
of the insurance business or has sufficient teaching or educational qualifications or
experience which, in the opinion of the Commissioner, has qualified the applicant to act
as such counselor; and the applicant shall pass such examination as shall be required by
the Commissioner unless such applicant is exempted by the Commissioner, based on the
applicant's experience and qualifications and pursuant to a regulation adopted by the
Commissioner;
(6) <del>If applying for an agent's license, limited subagent's license, or adjuster's license, no
applicant shall be qualified therefor or be so licensed unless he or she has successfully
completed classroom courses in insurance satisfactory to the Commissioner at a school
which has been approved by the Commissioner</del> <ins>Reserved;</ins> and
(7) The Commissioner shall by rule or regulation establish criteria and procedures for the
scope of prelicensing requirements and exemptions, if any, to the prelicensing or
examination requirements.
(b) An individual who was licensed as an agent, counselor, limited subagent, surplus line
broker, or adjuster at the time such individual was employed by the Commissioner and who
while so employed was employed in responsible insurance duties as a full-time bona fide
employee shall be permitted to reinstate his or her license upon termination of employment
if written request is made within 90 days after the date of termination of employment with
the Commissioner.
(c) Active licensees who apply for additional licenses and individuals who apply for the
reinstatement of a license prior to six months from the license expiration date shall not be
required to submit fingerprints pursuant to Code Section 33-23-5.1.
(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of
Canada may be licensed as an independent adjuster pursuant to this Code section or
designate Georgia as his or her home state unless such person has successfully passed the
adjuster examination and has complied with other applicable portions of this Code section."
SECTION 2.
Said chapter is further amended in Code Section 33-23-10, relating to examination of
applicants, by revising subsection (a) as follows:
"(a) Each individual applicant for a license as agent, limited subagent, counselor, adjuster,
or surplus line broker shall submit to a personal examination in writing as to his or her
competence to act in such capacity. The examination shall be prepared and given by the
Commissioner or a designee of the Commissioner and shall be given and graded in a fair
and impartial manner and without unfair discrimination as between individuals examined.
Any required examination may be supplemented by an oral examination at the discretion
of the Commissioner. The Commissioner shall provide by rule or regulation for a
reasonable waiting period before giving a reexamination to an applicant who failed to pass
a previous similar examination; <ins>provided, however, that such waiting period shall not
exceed three days from the date of the prior examination."
</ins>
SECTION 3.
Said chapter is further amended in Code Section 33-23-13, relating to temporary licenses,
by revising subsection (a) as follows:
"(a) In the event of the death of an agent or limited subagent, including a temporary agent
or limited subagent, or the inability to act as an agent or limited subagent by reason of
service in the armed services of the United States, illness or other disability, or termination
of appointment by the insurer, if there is no other individual connected with the agency
who is licensed as an agent or limited subagent in regard to insurance of the classification
transacted by the agent or limited subagent deceased or unable to act, the Commissioner
may issue a temporary license as agent or limited subagent in regard to insurance of such
classification to an employee of the agency, to a member of the family of said former agent
or limited subagent, or to some associate or to a guardian, receiver, executor, or
administrator for the purpose of continuing or winding up the business affairs of the agent,
limited subagent, or agency. A temporary license shall be issued only to an applicant who
has filed a sworn application upon forms prescribed by the Commissioner. The applicant
shall not be required to meet the requirements as to examination, <ins>and</ins> residence, <del>and
education</del> required for licensing of agents or limited subagents other than temporary agents.
If the Commissioner deems the applicant to be qualified for a temporary license, the
Commissioner shall issue the license."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.