A. 7129--A 2
S 2. Subsections (l), (m), (n) and (o) of section 2101 of the insur-
ance law, as added by chapter 687 of the laws of 2003, are amended to
read as follows:
(l) In this article, "home state" means [the District of Columbia or]
any state or territory of the United States in which an insurance
producer maintains his, her, or its principal place of residence or
principal place of business, and is licensed to act as an insurance
producer.
(m) In this article, "negotiate" or "negotiation" means the act of
conferring directly with, or offering advice directly to, a purchaser or
prospective purchaser of a particular contract of insurance concerning
any of the substantive benefits, terms, or conditions of the contract,
provided that the person engaged in that act either sells insurance or
obtains insurance from [licensed insurers] AN INSURER, fraternal benefit
[societies] SOCIETY, or health maintenance [organizations] ORGANIZATION
for purchasers.
(n) In this article, "sell" or "sale" means to exchange a contract of
insurance by any means, for money or its equivalent, on behalf of [a
licensed] AN insurer, fraternal benefit society, or health maintenance
organization.
(o) In this article, "solicit" or "solicitation" means attempting to
sell insurance or asking or urging a person to apply for a particular
kind of insurance from a particular [licensed] insurer, fraternal bene-
fit society, or health maintenance organization.
S 3. Paragraphs 6 and 7 of subsection (r) of section 2101 of the
insurance law, are renumbered paragraphs 9 and 10, and three new para-
graphs 6, 7, and 8 are added to read as follows:
(6) CREDIT: INSURANCE COVERAGE PROVIDED UNDER POLICIES OF: (A) CREDIT
LIFE AND CREDIT ACCIDENT AND HEALTH; AND
(B) CREDIT UNEMPLOYMENT, INVOLUNTARY UNEMPLOYMENT, MOTOR VEHICLE CRED-
ITOR GAP, NON-MOTOR VEHICLE CREDITOR GAP, OR ANY OTHER TYPE OF INSURANCE
THAT THE SUPERINTENDENT DETERMINES IS OFFERED IN CONNECTION WITH AN
EXTENSION OF CREDIT IS LIMITED TO PARTIALLY OR WHOLLY EXTINGUISHING THE
CREDIT OBLIGATION, EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (A) OF THIS
PARAGRAPH;
(7) CROP: INSURANCE COVERAGE PROVIDING PROTECTION AGAINST DAMAGE TO
CROPS FROM UNFAVORABLE WEATHER CONDITIONS, FIRE OR LIGHTNING, FLOOD,
HAIL, INSECT INFESTATION, DISEASE, OR OTHER YIELD-REDUCING CONDITIONS OR
PERILS, INCLUDING MULTI-PERIL CROP INSURANCE;
(8) SURETY: A BOND OR CONTRACT AS SPECIFIED IN SUBPARAGRAPHS (C)
THROUGH (J) OF PARAGRAPH SIXTEEN OF SUBSECTION (A) OF SECTION ONE THOU-
SAND ONE HUNDRED THIRTEEN OF THIS CHAPTER, BUT SHALL NOT INCLUDE A BAIL
BOND;
S 4. Subsections (a) and (b) of section 2103 of the insurance law, as
amended by chapter 687 of the laws of 2003, are amended to read as
follows:
(a) The superintendent may issue a license to any person, firm or
corporation who or [which] THAT has complied with the requirements of
this chapter, authorizing [such] THE licensee to act as an insurance
agent with respect to the lines of authority for life [insurance], vari-
able life and variable annuity products, [or] accident and health
[insurance and] OR sickness, CREDIT, AS PROVIDED UNDER SUBPARAGRAPH (A)
OF PARAGRAPH SIX OF SUBSECTION (R) OF SECTION TWO THOUSAND ONE HUNDRED
ONE OF THIS ARTICLE, or any other line of authority deemed to be similar
by the superintendent, including, for this purpose, health maintenance
organization contracts, legal services insurance, or with respect to any
A. 7129--A 3
combination of the above, as specified in [such] THE license, on behalf
of any insurer, fraternal benefit society, or health maintenance organ-
ization[, which] THAT is authorized to do such kind or kinds of insur-
ance or health maintenance organization business in this state.
(b) The superintendent may issue a license to any person, firm, asso-
ciation or corporation who or [which] THAT has complied with the
requirements of this chapter, authorizing the licensee to act as agent
of any authorized insurer, other than an insurer specified in subsection
(b) of section two thousand one hundred fifteen of this article, with
respect to the lines of authority for accident and health or sickness,
property, casualty, personal lines, CREDIT, AS PROVIDED UNDER SUBPARA-
GRAPH (B) OF PARAGRAPH SIX OF SUBSECTION (R) OF SECTION TWO THOUSAND ONE
HUNDRED ONE OF THIS ARTICLE, CROP, SURETY, or any other line of authori-
ty granted other than life, and variable life and variable annuity
products, which [such] THE insurer is authorized to do in this state.
S 5. Subparagraphs (A) and (B) of paragraph 2 of subsection (f) of
section 2103 of the insurance law, as amended by chapter 687 of the
laws of 2003, are amended, and a new paragraph 4 is added to read as
follows:
(A) For individuals seeking to qualify to obtain a license under
subsection (a) of this section, [one examination adapted to test the
qualifications for a life insurance agent's license, another adapted to
test the qualifications for an accident and health insurance agent's
license and another adapted to test the qualifications for a legal
services insurance license] EXAMINATIONS ADAPTED TO TEST THE QUALIFICA-
TIONS FOR THE LINES OF AUTHORITY SUBJECT TO SUCH SUBSECTION. Each [such]
individual shall be required to pass the type or types of examination
prescribed by the superintendent for the line or lines of authority, as
specified in subsection (a) of this section, for which the license is
sought. [No] AN individual shall NOT be deemed qualified to take the
examination or examinations unless [he shall have] THE INDIVIDUAL HAS
successfully completed a course or courses, approved as to method and
content by the superintendent, covering the principal branches and
contracts of life insurance, annuity contracts, disability insurance,
accident and health insurance, and related insurance, and requiring not
less than [forty] TWENTY hours of classroom work or the equivalent in
correspondence work or similar instruction FOR EACH LINE OF AUTHORITY AN
INDIVIDUAL SEEKS TO QUALIFY FOR UNDER SUBSECTION (A) OF THIS SECTION,
provided, however, that, at the discretion of the superintendent, insur-
ance subject material may be eliminated from course content, with a
corresponding reduction in course hours, if an insurer is not authorized
to transact such kind or kinds of insurance in this state. [Such] THE
course or courses either shall have been given by a degree conferring
college or university which [has] HAD, when [such] THE course [is] WAS
taken by [such] THE individual, a curriculum or curricula registered
with the state education department, whether [such] THE course be given
as part of any such curricula or separately, or by any other
institution, or life or accident and health insurer [which] THAT main-
tains equivalent standards of instruction, and [which shall have] THAT
HAS been approved for such purpose by the superintendent.
(B) For individuals seeking to qualify to obtain a license under
subsection (b) of this section, [not more than six types of examina-
tions, each adapted to test the qualifications of an individual with
respect to the kinds of insurance business specified in such classifica-
tion] EXAMINATIONS ADAPTED TO TEST THE QUALIFICATIONS FOR THE LINES OF
AUTHORITY SUBJECT TO SUCH SUBSECTION. Every [such] individual shall be
A. 7129--A 4
required to pass the type or types of examination prescribed by the
superintendent for the line or lines of authority for which the license
is sought. [No] AN individual shall NOT be deemed qualified to take the
examination unless [he] THE INDIVIDUAL shall have successfully completed
a course or courses, approved as to method and content by the super-
intendent, covering the principal branches of the insurance business and
requiring not less than [ninety] TWENTY hours of classroom work, [in] OR
THE EQUIVALENT IN CORRESPONDENCE WORK OR SIMILAR INSTRUCTION OFFERED BY,
institutions of learning meeting the standards prescribed by paragraph
one of subsection (a) of section two thousand one hundred four of this
article[; provided, however, with respect to a license issued pursuant
to subsection (b) of this section for a personal line of authority,
there shall be required not less than forty hours of such classroom
work] FOR EACH LINE OF AUTHORITY AN INDIVIDUAL SEEKS TO QUALIFY FOR
UNDER SUBSECTION (B) OF THIS SECTION.
(4)(A) ANY ENTITY ELIGIBLE TO PROVIDE COURSES, PROGRAMS OF INSTRUC-
TION, OR SEMINARS IN ACCORDANCE WITH THIS SECTION, SHALL FILE FOR
APPROVAL BY THE SUPERINTENDENT ON A BIENNIAL BASIS, TO CONFORM WITH ITS
AREA OF INSTRUCTION, A PROVIDER ORGANIZATION APPLICATION AND A COURSE
SUBMISSION APPLICATION FOR EACH COURSE, PROGRAM AND SEMINAR.
(B) THE PROVIDER ORGANIZATION APPLICATION SHALL INCLUDE THE NAMES OF
ALL INSTRUCTORS TO BE USED DURING THE CONTRACT PERIOD, AND INSTRUCTORS
MAY BE ADDED DURING THE PERIOD BY NOTIFYING THE SUPERINTENDENT AND
PAYING THE APPROPRIATE FILING FEE.
(C) THE COMPLETED APPLICATIONS SHALL BE RETURNED IN A TIMELY MANNER,
AS SPECIFIED BY THE SUPERINTENDENT, WITH A NON-REFUNDABLE FILING FEE OF
TWO HUNDRED DOLLARS PER ORGANIZATION, FIFTY DOLLARS PER COURSE, PROGRAM
AND SEMINAR, AND FIFTY DOLLARS PER INSTRUCTOR.
(D) APPROVAL OF THE APPLICATION SHALL BE AT THE DISCRETION OF THE
SUPERINTENDENT.
S 6. Paragraphs 1, 9, and 10 of subsection (g) of section 2103 of the
insurance law, paragraphs 9 and 10 as amended by chapter 687 of the laws
of 2003, are amended to read as follows:
(1) as a prerequisite to the issuance of a [baggage or accident and
health insurance] TRAVEL INSURANCE agent's license to any ticket selling
agent or representative of a railroad company, steamship company, carri-
er by air, [or] public bus carrier, OR OTHER COMMON CARRIER, who shall
act [thereunder] as AN insurance agent only in reference to [the issu-
ance of] INSURANCE COVERAGE FOR TRIP CANCELLATION, TRIP INTERRUPTION,
baggage [or], LIFE, accident [insurance tickets primarily for the
purpose of covering risk of travel] AND HEALTH, DISABILITY AND PERSONAL
EFFECTS, WHEN LIMITED TO A SPECIFIC TRIP AND SOLD IN CONNECTION WITH
TRANSPORTATION PROVIDED BY THE COMMON CARRIER;
(9) in the discretion of the superintendent, as to all or any part of
the written examination or the prerequisite [minimum forty hour] PRE-LI-
CENSING course specified in subparagraph (A) of paragraph two of
subsection (f) of this section, of any individual seeking to be named a
licensee or sub-licensee, upon whom has been conferred the Chartered
Life Underwriter (C.L.U.) or Chartered Life Underwriter Associate desig-
nation by [The] THE American College OR ANY OTHER DESIGNATION THAT THE
SUPERINTENDENT DETERMINES IS ACCEPTABLE PURSUANT TO A REGULATION;
(10) in the discretion of the superintendent, as to all or any part of
the written examination or the prerequisite [minimum ninety hour]
PRE-LICENSING course specified in subparagraph (B) of paragraph two of
subsection (f) of this section, of any individual seeking to be named a
licensee or sublicensee, upon whom has been conferred the Chartered
A. 7129--A 5
Property Casualty Underwriter (C.P.C.U.) designation by the American
Institute for Property and Liability Underwriters, OR ANY OTHER DESIG-
NATION THAT THE SUPERINTENDENT DETERMINES IS ACCEPTABLE PURSUANT TO A
REGULATION; or
S 7. Subparagraphs (A), (B), and (C) of paragraph 1 of subsection (c)
of section 2104 of the insurance law, as amended by chapter 505 of the
laws of 2000, are amended, paragraph 2 of subsection (c) is renumbered
paragraph 3, and a new paragraph 2 is added to read as follows:
(A) [He] THE INDIVIDUAL shall have successfully completed a course or
courses, approved as to method and content by the superintendent,
[covering the principal branches of the insurance business and requir-
ing, in the case of a license under subparagraph (B) of paragraph one of
subsection (b) of this section,] not less than [ninety] TWENTY hours[,
and in the case of a license under subparagraph (A) of paragraph one of
subsection (b) of this section, not less than forty hours] of classroom
work or the equivalent thereof in correspondence work FOR EACH LINE OF
AUTHORITY AN INDIVIDUAL SEEKS TO QUALIFY FOR UNDER SUBSECTION (B) OF
THIS SECTION. [Such] THE course or courses either were given by a
degree conferring college or university which [has] HAD, when [such] THE
course [is] WAS taken by [such] THE individual, a curriculum or curric-
ula registered with the state education department, whether [such] THE
course [be] WAS given as a part of any such curriculum or separately,
[or were given by the The College of Insurance,] or by any other insti-
tution [which] THAT maintains equivalent standards of instruction,
[which] THAT has been continuously in existence for not less than five
years prior to the taking of [such] THE course by [such] THE individual,
and [which shall have been] THAT WAS approved for such purpose by the
superintendent.
(B) [He] THE INDIVIDUAL shall have been regularly employed by an
insurance company or an insurance agent or an insurance broker, for a
period or periods aggregating not less than one year during the three
years next preceding the date of application, in the case of a license
under subparagraph (B) of paragraph one of subsection (b) of this
section, in responsible insurance duties relating to the underwriting or
adjusting of losses in any one or more of the following branches of
insurance: fire, marine, liability and workers' compensation, and fidel-
ity and surety; in the case of a license under subparagraph (A) of para-
graph one of subsection (b) of this section in responsible insurance
duties relating to the use of life insurance, accident and health insur-
ance and annuity contracts in the design and administration of plans for
estate conservation and distribution, employee benefits and business
continuation; and [he] THE INDIVIDUAL shall submit with his OR HER
application a statement subscribed and affirmed as true under the penal-
ties of perjury by such employer or employers stating facts [which] THAT
show compliance with this requirement.
(C) [He] THE INDIVIDUAL shall have been regularly employed by an
insurance company or an insurance agent or an insurance broker, for a
period or periods aggregating not less than one year, during the three
years next preceding the date of entrance into the service of the armed
forces of the United States or immediately following [his] THE INDIVID-
UAL'S discharge therefrom, in the case of a license under subparagraph
(B) of paragraph one of subsection (b) of this section, in responsible
insurance duties relating to the underwriting or adjusting of losses in
any one or more of the following branches of insurance: fire, marine,
liability and workers' compensation, and fidelity and surety; in the
case of a license under subparagraph (A) of paragraph one of subsection
A. 7129--A 6
(b) of this section in responsible insurance duties relating to the use
of life insurance, accident and health insurance and annuity contracts
in the design and administration of plans for estate conservation and
distribution, employee benefits and business continuation; provided the
application for [such] THE license is filed within one year from the
date of discharge; and [he] THE INDIVIDUAL shall submit with his OR HER
application a statement subscribed and affirmed as true under the penal-
ties of perjury by such employer or employers stating facts [which] THAT
show compliance with this requirement.
(2)(A) ANY ENTITY ELIGIBLE TO PROVIDE COURSES, PROGRAMS OF INSTRUC-
TION, OR SEMINARS IN ACCORDANCE WITH THIS SECTION, SHALL FILE FOR
APPROVAL BY THE SUPERINTENDENT ON A BIENNIAL BASIS, TO CONFORM WITH ITS
AREA OF INSTRUCTION, A PROVIDER ORGANIZATION APPLICATION AND A COURSE
SUBMISSION APPLICATION FOR EACH COURSE, PROGRAM AND SEMINAR.
(B) THE PROVIDER ORGANIZATION APPLICATION SHALL INCLUDE THE NAMES OF
ALL INSTRUCTORS TO BE USED DURING THE CONTRACT PERIOD, AND INSTRUCTORS
MAY BE ADDED DURING THE PERIOD BY NOTIFYING THE SUPERINTENDENT AND
PAYING THE APPROPRIATE FILING FEE.
(C) THE COMPLETED APPLICATIONS SHALL BE RETURNED IN A TIMELY MANNER,
AS SPECIFIED BY THE SUPERINTENDENT, WITH A NON-REFUNDABLE FILING FEE OF
TWO HUNDRED DOLLARS PER ORGANIZATION, FIFTY DOLLARS PER COURSE, PROGRAM
AND SEMINAR, AND FIFTY DOLLARS PER INSTRUCTOR.
(D) APPROVAL OF THE APPLICATION SHALL BE AT THE DISCRETION OF THE
SUPERINTENDENT.
S 8. Subparagraph (B) of paragraph 1 of subsection (e) of section 2104
of the insurance law, as amended by chapter 505 of the laws of 2000, is
amended to read as follows:
(B) An exemption may be granted, at the discretion of the superinten-
dent, as to all or any part of the written examination or the prerequi-
site course specified in subparagraph (A) of paragraph one of subsection
(c) of this section, of any individual seeking to be named a licensee or
sub-licensee, upon whom has been conferred, in the case of a license
under subparagraph (B) of paragraph one of subsection (b) of this
section, the Chartered Property Casualty Underwriter (C.P.C.U.) desig-
nation by the American Institute for Property and Liability
Underwriters, OR ANY OTHER DESIGNATION THAT THE SUPERINTENDENT DETER-
MINES IS ACCEPTABLE PURSUANT TO A REGULATION, or on whom has been
conferred, in the case of a license under subparagraph (A) of paragraph
one of subsection (b) of this section, the Chartered Life Underwriter
(C.L.U.), Chartered Financial Consultant (Ch.F.C.) or the Master of
Science in Financial Services (M.S.F.S.) designations by the American
College of Financial Service Professionals, OR ANY OTHER DESIGNATION
THAT THE SUPERINTENDENT DETERMINES IS ACCEPTABLE PURSUANT TO A REGU-
LATION.
S 9. Paragraph 2 of subsection (d) of section 2108 of the insurance
law is REPEALED.
S 10. Paragraph 1 of subsection (f) of section 2108 of the insurance
law is amended to read as follows:
(1) The superintendent shall, in order to determine the trustworthi-
ness and competency to act as an independent adjuster of each individual
applicant for such license, and of each proposed sub-licensee, except in
the case of a renewal license, require every such individual to take and
pass, to the satisfaction of the superintendent, a personal written
examination. AN INDIVIDUAL SHALL NOT BE DEEMED QUALIFIED TO TAKE THE
EXAMINATION WITHOUT HAVING DEMONSTRATED BY EVIDENCE SATISFACTORY TO THE
SUPERINTENDENT THAT: (A) THE INDIVIDUAL POSSESSES A MINIMUM OF
A. 7129--A 7
ONE-YEAR'S EXPERIENCE IN THE INSURANCE BUSINESS, WITH INVOLVEMENT IN
SALES, UNDERWRITING, CLAIMS, OR OTHER EXPERIENCE CONSIDERED SUFFICIENT
BY THE SUPERINTENDENT; OR (B) THE INDIVIDUAL SUCCESSFULLY COMPLETED
FORTY HOURS OF FORMAL TRAINING IN A COURSE, PROGRAM OF INSTRUCTION, OR
SEMINARS APPROVED BY THE SUPERINTENDENT. The superintendent may
prescribe the types of written examinations according to the kind or
kinds of insurance claims [which] THAT the applicant is to be licensed
to investigate and adjust.
S 11. Paragraphs 1 and 2, and clause (i) of subparagraph (A) of para-
graph 3 of subsection (r) of section 2108 of the insurance law, as added
by chapter 264 of the laws of 1998, are amended to read as follows:
(1) The following continuing education requirements shall apply to
resident and non-resident persons licensed as [public] adjusters.
(2) Resident and non-resident persons licensed as [public] adjusters
and any person previously so licensed whose license was not in effect on
the effective date of this subsection and who has subsequently been
relicensed pursuant to the provisions of this article, shall biennially
satisfactorily complete such courses or programs as may be approved by
the superintendent, as follows:
(A) Any person holding a license as [a public] AN adjuster shall,
during each full biennial licensing period, satisfactorily complete
courses or programs of instruction or attend seminars as may be approved
by the superintendent equivalent to fifteen credit hours of instruction.
(B) During the same calendar year biennial licensing period, a licen-
see may use accumulated continuing education credits to meet the
requirements of similar classes of licenses including those authorized
by subsection (b) of section two thousand one hundred three, section two
thousand one hundred four, section two thousand one hundred seven of
this article with respect to general insurance consultants, and THIS
section [two thousand one hundred eight of this article] with respect to
[public] adjusters.
(C) Excess credit hours accumulated during any biennial licensing
period shall not carry forward to the next biennial licensing period for
that same class of license.
(i) Courses, programs of instruction or seminars, approved as to meth-
od and content by the superintendent, covering portions of the principal
branches of insurance related to the kinds of insurance covered by [the
public] AN adjusting license, and given by a degree conferring college
or university whose curriculum is registered with the state education
department at the time the person takes the course, whether [such] THE
course [be] IS given as part of [such] THE curriculum or separately, or
by any other institution, association, trade association, or insurer[,
which] THAT maintains equivalent standards of instruction and [which]
THAT shall have been approved for such purpose by the superintendent.
S 12. The insurance law is amended by adding a new section 2113 to
read as follows:
S 2113. FINGERPRINT REQUIREMENT. THE SUPERINTENDENT MAY REQUIRE ANY
INDIVIDUAL NAMED IN AN APPLICATION FOR A LICENSE UNDER THIS ARTICLE TO
SUBMIT A SET OF FINGERPRINTS. SUCH FINGERPRINTS SHALL BE SUBMITTED TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL HISTORY
RECORD CHECK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE THOUSAND
THIRTY-FIVE OF THE EDUCATION LAW, AND MAY BE SUBMITTED TO THE FEDERAL
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
ALL SUCH CRIMINAL HISTORY RECORDS SENT TO THE SUPERINTENDENT PURSUANT TO
THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL
AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN
A. 7129--A 8
ANY WAY DISCLOSED TO PERSONS OTHER THAN THE SUPERINTENDENT, UNLESS
OTHERWISE AUTHORIZED BY LAW. THE SUPERINTENDENT SHALL PROVIDE SUCH
APPLICANT WITH A COPY OF HIS OR HER CRIMINAL HISTORY RECORD, IF ANY,
TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW,
AND INFORM SUCH APPLICANT OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY
INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSUANT TO REGULATIONS
AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSUANT TO
THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION
TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN APPLICATION,
WRITTEN NOTICE OF SUCH DETERMINATION SHALL BE GIVEN TO THE PROSPECTIVE
APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND
OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION.
S 13. Paragraph 1 of subsection (c) of section 2132 of the insurance
law, as added by chapter 656 of the laws of 1992, is amended to read as
follows:
(1) Any person holding a license issued pursuant to this article and
not exempt under subsection (b) of this section shall, during each full
biennial licensing period, satisfactorily complete courses or programs
of instruction or attend seminars as may be approved by the superinten-
dent equivalent to [fifteen] TWENTY-FOUR credit hours of instruction, OF
WHICH THREE CREDIT HOURS SHALL BE IN AN APPROVED ETHICS COURSE. IF
LICENSED AS AN INDIVIDUAL AND ACTING AS A SUBLICENSEE OF ANY BUSINESS
ENTITY LICENSED UNDER THIS ARTICLE, THEN THE INDIVIDUAL MAY COUNT THE
CONTINUING EDUCATION CREDITS ACCUMULATED TO SATISFY THE RENEWAL REQUIRE-
MENTS FOR BOTH THE INDIVIDUAL LICENSE AND SUBLICENSE, PROVIDED THE CRED-
ITS ARE FOR A SAME LINE OF AUTHORITY.
S 14. Subsection (d) of section 2136 of the insurance law, as added by
chapter 687 of the laws of 2003, is amended to read as follows:
(d) the applicant's home state awards nonresident insurance producer
OR ADJUSTER licenses to residents of this state on the same basis as
provided in this subsection.
S 15. Subsection (d) of section 2108 of the insurance law, paragraph 2
as amended by chapter 164 of the laws of 2003, is amended to read as
follows:
(d) (1) Before any such license or any renewal thereof shall be issued
by the superintendent there shall be filed in his office a written
application therefor. Such application shall be in the form or forms and
supplements and contain information the superintendent prescribes.
[(2) Each person or individual signing such application shall, with
such application, submit to the superintendent fingerprints of his two
hands recorded in such manner as may be specified by the superintendent
or his authorized representative. Before approving such application it
shall be the duty of the superintendent or his authorized representative
to compare such fingerprints with fingerprints filed with the division
of criminal justice services. Such fingerprints may also be submitted to
the federal bureau of investigation for a national criminal history
record check.
(3)] (2) No such license shall be issued to any person who has ever
been convicted of a felony, or of any crime or offense involving fraudu-
lent or dishonest practices; nor shall a licensee under this section
employ any person who has ever been convicted of a felony or such a
crime or offense.
[(4)] (3) This subsection shall not prevent the employment of or the
issuance of a license to any person who, subsequent to his conviction,
A. 7129--A 9
shall have received executive pardon therefor removing this disability,
or who has received a certificate of good conduct granted by the board
of parole pursuant to the provisions of the executive law to remove the
disability under this section because of such conviction or previous
license revocation occasioned thereby.
[(5)] (4) Such application shall be approved, as to each person or
individual so signing the same, by not less than five reputable citizens
of the community in which such applicant resides or transacts business,
each of whom shall certify that he has personally known the person or
individual for a period of at least five years prior to the filing of
such application, that he has read such application and believes each of
the statements made therein to be true, that such person is honest, of
good character and competent, and not related or connected to the person
so certifying by blood or marriage. The certificate of approval shall be
subscribed by such reputable citizens and affirmed by them as true under
the penalties of perjury.
S 16. Paragraph 2 of subsection (d) of section 2137 of the insurance
law, as added by chapter 499 of the laws of 2009, is amended to read as
follows:
(2) [The superintendent may require any individual named in the appli-
cation for such license to submit a set of fingerprints, unless such
applicant is licensed as an insurance producer with a life line of
authority. Such fingerprints shall be submitted to the division of crim-
inal justice services for a state criminal history record check, as
defined in subdivision one of section three thousand thirty-five of the
education law, and may be submitted to the federal bureau of investi-
gation for a national criminal history record check. All such criminal
history records sent to the superintendent pursuant to this paragraph
shall be confidential pursuant to the applicable federal and state laws,
rules and regulations, and shall not be published or in any way
disclosed to persons other than the superintendent, unless otherwise
authorized by law. The superintendent shall provide such applicant with
a copy of his or her criminal history record, if any, together with a
copy of article twenty-three-A of the correction law, and inform such
applicant of his or her right to seek correction of any incorrect infor-
mation contained in such record pursuant to regulations and procedures
established by the division of criminal justice services. All determi-
nations to grant or deny clearance for licensure pursuant to this
section shall be in accordance with subdivision sixteen of section two
hundred ninety-six of the executive law and article twenty-three-A of
the correction law.] When the superintendent denies an application,
written notice of such determination shall be given to the prospective
applicant who shall be afforded notice and the right to be heard and
offer proof in opposition to such determination.
S 17. This act shall take effect on the one hundred eightieth day
after it shall have become a law.