S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8060
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  consolidating  the
   licensing  system  for  agents  and  brokers  into  a  single producer
   license; and to repeal certain provisions of such law related thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 214 of the insurance law, as amended by section 61
 of part A of chapter 62 of the laws of  2011,  is  amended  to  read  as
 follows:
   §  214.  Report  on insurance [agent] PRODUCER licensing examinations.
 The superintendent shall  perform  a  study  of  the  insurance  [agent]
 PRODUCER  licensure  examinations required pursuant to section two thou-
 sand one hundred [three] FOUR of this chapter. The  study  shall,  at  a
 minimum,  include the total number of examinees, the passing rate of all
 examinees, and the mean scores on  the  examination.  Additionally,  the
 study  shall  examine  the  correlation between these statistics and the
 applicants' native  language,  level  of  education,  gender,  race  and
 ethnicity. The study shall be completed by March fifteenth, two thousand
 twelve, and annually thereafter.
   §  2.  Paragraphs  10  and 11 of subsection (k) of section 2101 of the
 insurance law, paragraph 10 as amended and  paragraph  11  as  added  by
 section 36 of part D of chapter 56 of the laws of 2013, as renumbered by
 section 2 of part V of chapter 57 of the laws of 2014, are amended and a
 new paragraph 12 is added to read as follows:
   (10)  a person who is not a resident of this state who sells, solicits
 or negotiates a contract of property/casualty insurance, as  defined  in
 paragraph  six  of  subsection  (x)  of  this section, of an insurer not
 authorized to  do  business  in  this  state,  provided  that:  (A)  the
 insured's  home  state  is  a  state other than this state; and (B) such

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11684-01-5
 S. 8060                             2
              

 
 person is otherwise licensed to sell, solicit or negotiate  excess  line
 insurance in the insured's home state; [or]
   (11)  any  person who has received a grant from and has been certified
 by the health benefit exchange established pursuant to section  1311  of
 the  affordable  care  act,  42 U.S.C. § 18031 to act as a navigator, as
 such term is used in 42 U.S.C. § 18031(i), including any person employed
 by a certified navigator, provided that the person:  (A)  has  completed
 the  training required by the health benefit exchange; (B) does not sell
 insurance; (C) does not engage in any activity with respect to insurance
 not expressly permitted under 42 U.S.C. § 18031 (i) (3) and  regulations
 thereunder;  and  (D)  does not receive any compensation for acting as a
 navigator directly or indirectly from an insured, insurance producer, or
 an insurer[.]; OR
   (12) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO ALTER THE  MEAN-
 ING OF "INSURANCE AGENT" AND "INSURANCE BROKER" AS DEFINED IN PARAGRAPHS
 TWENTY-FIVE  AND  TWENTY-SIX  OF  SUBSECTION  (A) OF SECTION ONE HUNDRED
 SEVEN OF THIS CHAPTER, THE MEANING OF  "INSURANCE  AGENT",  "INDEPENDENT
 INSURANCE  AGENT",  AND  "INSURANCE BROKER" AS SUCH TERMS ARE DEFINED BY
 SUBSECTIONS (A) THROUGH (C) OF THIS SECTION, OR ANY  DUTIES  ESTABLISHED
 BY SUCH PROVISIONS.
   § 3. The section heading and subsections (a), (b), (d), (e), (h), (k),
 (l),  (m), (n) and (o) of section 2103 of the insurance law, subsections
 (a), (b), (e) and (n) as amended by chapter 687 of  the  laws  of  2003,
 subsection (k) as amended by chapter 540 of the laws of 1996, subsection
 (m) as amended by chapter 769 of the laws of 1984, and subsection (o) as
 added  by  chapter  285  of  the  laws  of  1993, are amended to read as
 follows:
   Insurance OFFERED BY MORTGAGE GUARANTY INSURANCE agents AND  FRATERNAL
 BENEFIT SOCIETIES; licensing. (a) The superintendent may issue a license
 to  any  person,  firm or corporation who or which has complied with the
 requirements of this chapter, authorizing such licensee  to  act  as  an
 insurance  agent with respect to [the lines of authority for life insur-
 ance, variable life and  variable  annuity  products,  or  accident  and
 health  insurance  and sickness 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 combination of the above, as specified in  such  license,
 on  behalf  of  any insurer, fraternal benefit society or health mainte-
 nance organization, which is authorized to do  such  kind  or  kinds  of
 insurance  or  health  maintenance  organization business in this state]
 PRODUCTS DESCRIBED IN SECTION FOUR THOUSAND FIVE HUNDRED  FIVE  OF  THIS
 CHAPTER.
   (b) [The superintendent may issue a license to any person, firm, asso-
 ciation  or  corporation who or which has complied with the requirements
 of this chapter, authorizing the licensee to act as agent of any author-
 ized 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 or any other line of  authority  granted  other
 than  life,  and variable life and variable annuity products, which such
 insurer is authorized to do in this state] ANY INSURANCE AGENT  LICENSED
 PURSUANT TO SUBSECTION (A) OF THIS SECTION IS HEREBY AUTHORIZED WHILE SO
 LICENSED,  TO ACT IN THE SALE, SOLICITATION OR NEGOTIATION FOR AN INSUR-
 ANCE CONTRACT PROVIDING SOLELY FOR DISABILITY BENEFITS WRITTEN  TO  MEET
 MINIMUM REQUIREMENTS OF ARTICLE NINE OF THE WORKERS' COMPENSATION LAW.
 S. 8060                             3
 
   (d)  Every  individual  applicant for a license under this section and
 every proposed sub-licensee shall be eighteen years of age  or  over  at
 the  time  of  the  issuance  of  such  license.  THE PROVISIONS OF THIS
 SUBSECTION SHALL APPLY TO AGENTS OF A MORTGAGE INSURER,  AS  DEFINED  BY
 SUBSECTION (B) OF SECTION SIX THOUSAND FIVE HUNDRED ONE OF THIS CHAPTER.
   (e)  Before  any  original  insurance  agent's license is issued there
 shall be on file in the office of the superintendent an  application  by
 the  prospective  licensee  in  such  form or forms and supplements, and
 containing information the superintendent prescribes and for each  busi-
 ness  entity, the sub-licensee or sub-licensees named in the application
 shall be designated responsible for  the  business  entity's  compliance
 with  the  insurance  laws,  rules  and  regulations  of this state. THE
 PROVISIONS OF THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORTGAGE INSUR-
 ER, AS DEFINED BY SUBSECTION (B) OF SECTION SIX  THOUSAND  FIVE  HUNDRED
 ONE OF THIS CHAPTER.
   (h)  The  superintendent  may  refuse  to  issue any insurance agent's
 license if, in [his] THE judgment OF SUCH SUPERINTENDENT,  the  proposed
 licensee  or any sub-licensee is not trustworthy and competent to act as
 such agent, or has given cause for the revocation or suspension of  such
 a  license,  or has failed to comply with any prerequisite for the issu-
 ance of such license. THE PROVISIONS OF THIS SUBSECTION SHALL  APPLY  TO
 AGENTS  OF  A  MORTGAGE INSURER, AS DEFINED BY SUBSECTION (B) OF SECTION
 SIX THOUSAND FIVE HUNDRED ONE OF THIS CHAPTER, AND AGENTS OF A FRATERNAL
 BENEFIT SOCIETY AS DEFINED BY SUBSECTION (A) OF  SECTION  FOUR  THOUSAND
 FIVE HUNDRED ONE OF THIS CHAPTER.
   (k)  If the superintendent deems it necessary [he] SUCH SUPERINTENDENT
 may require any licensed agent to submit a new application at any  time.
 THE  PROVISIONS  OF  THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORTGAGE
 INSURER, AS DEFINED BY SUBSECTION  (B)  OF  SECTION  SIX  THOUSAND  FIVE
 HUNDRED  ONE  OF THIS CHAPTER, AND AGENTS OF A FRATERNAL BENEFIT SOCIETY
 AS DEFINED BY SUBSECTION (A) OF SECTION FOUR THOUSAND FIVE  HUNDRED  ONE
 OF THIS CHAPTER.
   (l)  Any licensee may at any time while such license is in force apply
 to the superintendent for an additional license authorizing such  licen-
 see,  and  the  sub-licensees  named in such existing license, to act as
 insurance agents for additional insurers. The superintendent may,  after
 the  requirements  of  this  chapter have been complied with, issue such
 additional license. THE PROVISIONS OF THIS  SUBSECTION  SHALL  APPLY  TO
 AGENTS  OF  A  FRATERNAL BENEFIT SOCIETY AS DEFINED BY SUBSECTION (A) OF
 SECTION FOUR THOUSAND FIVE HUNDRED ONE OF THIS CHAPTER.
   (m) An agent appointed for an insurer authorized to transact  business
 in  this  state may transact business for any subsidiaries or affiliates
 of said insurer that are licensed in this state for  the  same  line  or
 lines  of insurance without such insurers submitting additional appoint-
 ments, provided a certified copy of a resolution adopted by the board of
 directors of each of the insurers requesting  such  authority  is  filed
 with  the superintendent by each of the insurers and renewed and refiled
 whenever deemed necessary by the superintendent.  The  resolution  shall
 also designate the primary insurer for which all of the company's agents
 must be appointed pursuant to subsection (a) or (b) of this section, and
 said  appointment  must be in full force and effect in order to transact
 business for  any  of  the  affiliated  or  subsidiary  insurers.    THE
 PROVISIONS OF THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORTGAGE INSUR-
 ER,  AS  DEFINED  BY SUBSECTION (B) OF SECTION SIX THOUSAND FIVE HUNDRED
 ONE OF THIS CHAPTER, AND  AGENTS  OF  A  FRATERNAL  BENEFIT  SOCIETY  AS
 S. 8060                             4
 
 DEFINED  BY  SUBSECTION (A) OF SECTION FOUR THOUSAND FIVE HUNDRED ONE OF
 THIS CHAPTER.
   (n)  [Any  insurance agent licensed pursuant to subsection (b) of this
 section is hereby authorized while so licensed,  to  act  in  the  sale,
 solicitation  or  negotiation for an insurance contract providing solely
 for disability benefits written to meet minimum requirements of  article
 nine of the workers' compensation law.
   (o)]  The  superintendent  may  issue a replacement for a currently in
 force license which has been lost or destroyed. Before such  replacement
 license  shall  be  issued,  there shall be on file in the office of the
 superintendent a  written  application  for  such  replacement  license,
 affirming  under  penalty  of perjury that the original license has been
 lost or destroyed,  together  with  a  fee  of  fifteen  dollars.    THE
 PROVISIONS OF THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORTGAGE INSUR-
 ER,  AS  DEFINED  BY SUBSECTION (B) OF SECTION SIX THOUSAND FIVE HUNDRED
 ONE OF THIS CHAPTER.
   § 4. Paragraph 2 of subsection (f) of section 2103  of  the  insurance
 law,  as  amended by chapter 65 of the laws of 1998, subparagraph (A) as
 amended by chapter 687 of the laws of 2003, subparagraph (B) as  amended
 by  chapter 365 of the laws of 2018, is amended and a new paragraph 4 is
 added to read as follows:
   (2) The superintendent may from time to time make  reasonable  classi-
 fications  of  the  kinds  of  insurance and may prescribe the following
 types of examinations:
   [(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[,]  AND  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].  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
 individual shall be deemed qualified to take the examination or examina-
 tions  unless  [he]  SUCH INDIVIDUAL shall have successfully completed a
 course or courses, approved as to method and content by the  superinten-
 dent,  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 hours of class-
 room work or the equivalent in correspondence work or  similar  instruc-
 tion,  provided, however, that, at the discretion of the superintendent,
 insurance 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  course
 or  courses  either shall have been given by a degree conferring college
 or university which has, when such course is taken by such individual, a
 curriculum or curricula registered with the state education  department,
 whether  such course be given as part of any such curricula or separate-
 ly, or by any other institution or life or accident and  health  insurer
 which  maintains  equivalent  standards  of instruction, and which shall
 have 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 examinations,
 each adapted to test the qualifications of an individual with respect to
 the  kinds of insurance business specified in such classification. Every
 such individual shall be required to pass the type or types of  examina-
 S. 8060                             5

 tion prescribed by the superintendent for the line or lines of authority
 for which the license is sought. No individual shall be deemed qualified
 to  take  the  examination unless he shall have successfully completed a
 course  or courses, approved as to method and content by the superinten-
 dent, covering the principal branches  of  the  insurance  business  and
 requiring not less than ninety hours of classroom work or the equivalent
 in  correspondence work, a course offered over the internet or a similar
 institution,  in  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 or the equivalent in correspondence work,  a  course
 offered over the internet or a similar institution.]
   (4) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORT-
 GAGE  INSURER, AS DEFINED BY SUBSECTION (B) OF SECTION SIX THOUSAND FIVE
 HUNDRED ONE OF THIS CHAPTER.
   § 5. Subsection (i) of section 2103 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO AGENTS OF A MORT-
 GAGE INSURER, AS DEFINED BY SUBSECTION (B) OF SECTION SIX THOUSAND  FIVE
 HUNDRED  ONE  OF THIS CHAPTER, AND AGENTS OF A FRATERNAL BENEFIT SOCIETY
 AS DEFINED BY SUBSECTION (A) OF SECTION FOUR THOUSAND FIVE  HUNDRED  ONE
 OF THIS CHAPTER.
   § 6. Subsection (j) of section 2103 of the insurance law is amended by
 adding a new paragraph 14 to read as follows:
   (14)  THE  PROVISIONS  OF  THIS  SUBSECTION SHALL APPLY TO AGENTS OF A
 MORTGAGE INSURER, AS DEFINED BY SUBSECTION (B) OF SECTION  SIX  THOUSAND
 FIVE  HUNDRED  ONE  OF  THIS  CHAPTER, AND AGENTS OF A FRATERNAL BENEFIT
 SOCIETY AS DEFINED BY SUBSECTION  (A)  OF  SECTION  FOUR  THOUSAND  FIVE
 HUNDRED ONE OF THIS CHAPTER.
   § 7. Section 2104 of the insurance law, paragraph 1 of subsection (b),
 paragraph  1  of  subsection  (c)  and  paragraph 1 of subsection (e) as
 amended by chapter 505 of the laws of 2000, the  opening  paragraph  and
 subparagraphs  (A) and (B) of paragraph 1 of subsection (b), paragraph 1
 of subsection (d), paragraph 3 of subsection  (e)  and  paragraph  5  of
 subsection  (g) as amended and paragraph 3 of subsection (b) as added by
 chapter 687 of the laws of 2003, subparagraph  (F)  of  paragraph  3  of
 subsection  (e)  and paragraph 2 of subsection (f) as amended by section
 65 of part PP of chapter  56  of  the  laws  of  2022,  paragraph  1  of
 subsection  (f)  as  amended  by  section  3  and  paragraphs 2 and 3 of
 subsection (g) as amended by section 4 of part F of chapter  59  of  the
 laws of 2005, paragraph 1 of subsection (g) as amended by chapter 200 of
 the laws of 2019, and subsection (j) as added by chapter 285 of the laws
 of 1993, is amended to read as follows:
   §  2104.  Insurance [brokers] PRODUCERS; licensing. (a) (1) The super-
 intendent may issue an insurance [broker's]  PRODUCER'S  license,  OTHER
 THAN  A  TITLE  INSURANCE AGENT'S LICENSE ISSUED PURSUANT TO SECTION TWO
 THOUSAND ONE HUNDRED THIRTY-NINE OF THIS ARTICLE, A REINSURANCE INTERME-
 DIARY'S LICENSE ISSUED PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED  SIX
 OF  THIS  ARTICLE, OR AN EXCESS LINE BROKER'S LICENSE ISSUED PURSUANT TO
 SECTION TWO THOUSAND ONE HUNDRED FIVE OF THIS ARTICLE, to  any  individ-
 ual, firm, association or corporation, hereinafter designated as "licen-
 see,"  who  or  which is deemed by [him] SUCH SUPERINTENDENT trustworthy
 and competent to act as a broker in such  manner  as  to  safeguard  the
 interests of the insured, AND TO ACT AS INSURANCE AGENT ON BEHALF OF ANY
 S. 8060                             6
 
 INSURER,  FRATERNAL  BENEFIT SOCIETY OR HEALTH MAINTENANCE ORGANIZATION,
 WHICH IS AUTHORIZED TO DO SUCH KIND OR  KINDS  OF  INSURANCE  OR  HEALTH
 MAINTENANCE  ORGANIZATION  BUSINESS  IN  THIS STATE, and who or which is
 otherwise  qualified  as  herein required, and who or which has complied
 with the prerequisites herein prescribed.
   (2) The purpose of this section is to protect the public by  requiring
 and  maintaining  professional  standards  of conduct on the part of all
 insurance [brokers] PRODUCERS acting as such within this state.
   (b) (1) Such  license  shall  [confer  upon]  AUTHORIZE  the  licensee
 authority  to act in this state as insurance [broker] PRODUCER, and upon
 every natural person named as sub-licensee in such license authority  to
 act  in  this state as insurance [broker] PRODUCER in the name of and on
 behalf of such licensee, with respect to the following lines of authori-
 ty:
   (A) life insurance, variable life and variable annuity products, acci-
 dent and health insurance and sickness or any other  line  of  authority
 deemed  to be similar by the superintendent, including for this purpose,
 health maintenance organization contracts and legal services  insurance;
 or
   (B)  any  and every line of authority, except life insurance and vari-
 able life and variable annuity products.
   (2) A license issued to a corporation may name as  sub-licensees  only
 the  officers and directors of such corporation, and a license issued to
 a firm or association may name  as  sub-licensees  only  the  individual
 members  of  such  firm  or association. Each sub-licensee named in such
 license must be qualified to obtain a license as an  insurance  [broker]
 PRODUCER, and for each such sub-licensee a fee must be paid at the times
 and at the rates hereinafter specified.
   (3)  The  license shall contain the licensee's name, address, personal
 identification number, the date of issuance,  the  licensee's  lines  of
 authority, the expiration date and any other information the superinten-
 dent  deems  necessary. THE LICENSE SHALL DISPLAY THE LINES OF AUTHORITY
 AS:
   (A) IN THE CASE OF A LICENSE UNDER SUBPARAGRAPH (A) OF  PARAGRAPH  ONE
 OF  THIS  SUBSECTION,  "LIFE",  "VARIABLE  LIFE/VARIABLE ANNUITIES", AND
 "ACCIDENT AND HEALTH AND SICKNESS"; AND
   (B) IN THE CASE OF A LICENSE UNDER SUBPARAGRAPH (B) OF  PARAGRAPH  ONE
 OF THIS SUBSECTION, "CASUALTY", "PROPERTY", "BAGGAGE"; "PERSONAL LINES",
 AND "ACCIDENT AND HEALTH AND SICKNESS".
   (c) (1) Every individual applicant for such license and every proposed
 sub-licensee  shall  be of the age of eighteen years or over at the time
 of the issuance of such license. No individual shall be deemed qualified
 to obtain such license or to be named  as  sub-licensee  therein  unless
 [he]  SUCH INDIVIDUAL shall comply with the requirements of subparagraph
 (A), (B) or (C) following:
   (A) [He] SUCH INDIVIDUAL shall have successfully completed a course or
 courses, approved as to method and content by the superintendent, cover-
 ing the principal branches of the insurance business and  requiring,  in
 the  case  of  a  license  under  subparagraph  (B)  of paragraph one of
 subsection (b) of this section, not less than  ninety  hours,  PROVIDED,
 HOWEVER,  WITH  RESPECT TO A LICENSE ISSUED PURSUANT TO SUBPARAGRAPH (B)
 OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION FOR A  PERSONAL  LINE
 OF  AUTHORITY, THERE SHALL BE REQUIRED NOT LESS THAN FORTY HOURS OF SUCH
 CLASSROOM WORK OR  THE  EQUIVALENT  IN  CORRESPONDENCE  WORK,  A  COURSE
 OFFERED  OVER THE INTERNET, OR A SIMILAR INSTITUTION, and in the case of
 a license under subparagraph (A) of paragraph one of subsection  (b)  of
 S. 8060                             7
 
 this  section, not less than forty hours of classroom work or the equiv-
 alent thereof in correspondence work. Such course or courses either were
 given by a degree conferring college or university which has, when  such
 course is taken by such individual, a curriculum or curricula registered
 with  the  state education department, whether such course be given as a
 part of any such curriculum or separately, or were given  by  [the]  The
 College of Insurance, or by any other institution which maintains equiv-
 alent standards of instruction, which has been continuously in existence
 for  not less than five years prior to the taking of such course by such
 individual, and which shall have been approved for such purpose  by  the
 superintendent.
   (B)  [He]  SUCH  INDIVIDUAL  shall  have been regularly employed by an
 insurance company or an insurance [agent or an insurance broker] PRODUC-
 ER, 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 underwrit-
 ing 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 (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] SUCH APPLICANT  shall  submit  with  [his]  THEIR
 application a statement subscribed and affirmed as true under the penal-
 ties  of  perjury by such employer or employers stating facts which show
 compliance with this requirement.
   (C) [He] SUCH INDIVIDUAL shall have  been  regularly  employed  by  an
 insurance company or an insurance [agent or an insurance broker] PRODUC-
 ER,  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]
 THEIR 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
 (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 license is filed within one year from the  date  of
 discharge; and [he] SUCH INDIVIDUAL shall submit with [his] THEIR appli-
 cation  a  statement subscribed and affirmed as true under the penalties
 of perjury by such  employer  or  employers  stating  facts  which  show
 compliance with this requirement.
   (2)  The  requirements  of subparagraphs (A), (B) and (C) of paragraph
 one hereof shall  not  apply  to  any  non-resident  insurance  [broker]
 PRODUCER.
   (d)  (1) Before any such license shall be issued by the superintendent
 and before each renewal, there shall be filed in [his] THE office OF THE
 SUPERINTENDENT a written application therefor by the  proposed  licensee
 and by each proposed sub-licensee. Such application shall be in the form
 or  forms  and  supplements prescribed by the superintendent and contain
 S. 8060                             8
 
 such information as [he or she] SUCH SUPERINTENDENT  shall  require  and
 for each business entity, the sub-licensee or sub-licensees named in the
 application  shall  be  designated responsible for the business entity's
 compliance with the insurance laws, rules and regulations of this state.
 In  connection  with  any such application the superintendent shall have
 power to examine under oath any person who has or appears to have  rele-
 vant  information,  and to make an examination of the books, records and
 affairs of any such applicant.
   (2) The superintendent may require from every applicant and from every
 proposed sub-licensee,  before  issuing  any  such  license  or  renewal
 license,  a  statement  subscribed  and  affirmed  by  the applicant and
 proposed sub-licensee as true under the penalties of perjury as  to  the
 ownership  of  any  interest in an applicant firm, association or corpo-
 ration and as to facts indicating whether  any  applicant  has  been  by
 reason  of  an  existing  license,  if  any, or will be by reason of the
 license applied for, receiving any benefit or advantage in violation  of
 section two thousand three hundred twenty-four of this chapter, and also
 as  to  such facts as [he] SUCH SUPERINTENDENT may deem pertinent to the
 requirements of this subsection.
   (3) The superintendent may  refuse  to  issue  a  license  or  renewal
 license,  as  the case may be, to any applicant if [he] SUCH SUPERINTEN-
 DENT finds that such applicant  has  been  or  will  be,  as  aforesaid,
 receiving  any benefit or advantage in violation of section two thousand
 three hundred twenty-four of this chapter, or if [he]  SUCH  SUPERINTEN-
 DENT  finds that more than ten percent of the aggregate net commissions,
 received during the term of the existing  license,  if  any,  or  to  be
 received  during  the term of the license applied for, by the applicant,
 resulted or will result from insurance on [the] property and risks  [set
 forth  in  subparagraphs (A), (B) and (C) of paragraph one of subsection
 (i) of section two thousand one hundred three of this article]:
   (A) OF THE SPOUSE OF AN INDIVIDUAL APPLICANT; AND OF  ANY  CORPORATION
 OF WHICH SUCH INDIVIDUAL APPLICANT OR THEIR SPOUSE OR BOTH OWN MORE THAN
 FIFTY  PERCENT OF THE SHARES; AND OF ANY AFFILIATED OR SUBSIDIARY CORPO-
 RATIONS OF SUCH CORPORATION; AND OF THE MEMBERS OF ANY FIRM  OR  ASSOCI-
 ATION  AND  THEIR  SPOUSES,  OF WHICH FIRM OR ASSOCIATION THE INDIVIDUAL
 APPLICANT OR THEIR SPOUSE IS A MEMBER;
   (B) OF THE MEMBERS OF AN  APPLICANT  FIRM  OR  ASSOCIATION  AND  THEIR
 RESPECTIVE  SPOUSES,  AND  OF THE OWNERS OF ANY INTEREST IN SUCH FIRM OR
 ASSOCIATION AND THEIR RESPECTIVE SPOUSES,  AND  OF  ANY  CORPORATION  OF
 WHICH  SUCH  FIRM  OR  ASSOCIATION  OR  THE  MEMBERS OR OWNERS AND THEIR
 RESPECTIVE SPOUSES, EITHER INDIVIDUALLY OR IN THE  AGGREGATE,  OWN  MORE
 THAN  FIFTY  PERCENT  OF THE SHARES, AND OF ANY AFFILIATED OR SUBSIDIARY
 CORPORATIONS OF SUCH CORPORATION, AND OF ANY OTHER FIRM AND THE  MEMBERS
 THEREOF  AND  THEIR  RESPECTIVE SPOUSES, OF WHICH OTHER FIRM A MEMBER OR
 MEMBERS OF THE APPLICANT FIRM OR ASSOCIATION AND THEIR RESPECTIVE SPOUS-
 ES ARE MEMBERS OR OWNERS; AND
   (C) OF THE SHAREHOLDERS OF AN APPLICANT CORPORATION AND THEIR  RESPEC-
 TIVE  SPOUSES, AND OF ANY AFFILIATED AND SUBSIDIARY CORPORATIONS OF SUCH
 APPLICANT CORPORATION, AND OF ANY SUBSIDIARY AND AFFILIATED CORPORATIONS
 OF A CORPORATION OWNING ANY INTEREST IN SUCH APPLICANT CORPORATION,  AND
 OF  ANY FIRM OR ASSOCIATION AND THE MEMBERS THEREOF AND THEIR RESPECTIVE
 SPOUSES WHICH EITHER INDIVIDUALLY OR COLLECTIVELY OWN  MORE  THAN  FIFTY
 PERCENT  OF  THE  SHARES OF THE APPLICANT CORPORATION, AND OF ANY CORPO-
 RATION OF WHICH SUCH FIRM OR  ASSOCIATION  AND  ITS  MEMBERS  AND  THEIR
 RESPECTIVE  SPOUSES,  EITHER  INDIVIDUALLY OR IN THE AGGREGATE, OWN MORE
 S. 8060                             9
 
 THAN FIFTY PERCENT OF THE SHARES, AND OF ANY  AFFILIATED  OR  SUBSIDIARY
 CORPORATION OF SUCH CORPORATION.
   (4)  Nothing  herein  shall  be  deemed to disqualify any applicant by
 reason of acts done or facts existing at a time when the same  did  not,
 under  the  law  then in force, constitute or contribute to constituting
 such a disqualification.
   (e) (1) (A) The superintendent shall, in order to determine the compe-
 tency of each applicant for an insurance broker's license, other than  a
 renewal  license, and of each proposed sub-licensee, to act as insurance
 broker, require every such person to submit to, and pass to  the  satis-
 faction  of  the  superintendent,  a personal written examination on the
 branches of the insurance business relevant to such license. Such  exam-
 ination  shall  be  held  at such times and places as the superintendent
 shall from time to time determine.
   (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 Underwrit-
 ers, 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.
   (C)  THE  SUPERINTENDENT  MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION,
 THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE SUPERINTEN-
 DENT, WHICH IN THEIR JUDGMENT IS EQUIVALENT TO THE EXAMINATION FOR WHICH
 IT IS SUBSTITUTED.
   (D) THE SUPERINTENDENT SHALL REQUIRE  THAT  ALL  WRITTEN  EXAMINATIONS
 REQUEST  THE APPLICANT TO SET FORTH: (I) THEIR FULL NAME, AGE, RESIDENCE
 ADDRESS, BUSINESS ADDRESS AND  MAILING  ADDRESS;  (II)  THE  APPLICANT'S
 GENDER;  (III)  THE  APPLICANT'S  NATIVE  LANGUAGE; (IV) THE APPLICANT'S
 HIGHEST LEVEL OF EDUCATION ACHIEVED; AND (V)  THE  APPLICANT'S  RACE  OR
 ETHNICITY.  THIS  SECTION  OF  THE EXAMINATION SHALL INCLUDE A CLEAR AND
 UNAMBIGUOUS STATEMENT THAT THE APPLICANT IS  NOT  REQUIRED  TO  DISCLOSE
 THEIR  RACE OR ETHNICITY, GENDER, NATIVE LANGUAGE OR LEVEL OF EDUCATION,
 THAT SUCH APPLICANT WILL NOT BE PENALIZED FOR FAILING TO DO SO, AND THAT
 THE DEPARTMENT WILL USE THIS INFORMATION SOLELY FOR STATISTICAL PURPOSES
 THAT WILL THEN BE STUDIED IN ORDER TO ENSURE CONTINUED QUALITY AND FAIR-
 NESS OF THE EXAMINATION.
   (2) Every individual applying to take any written  examination  shall,
 at  the time of applying therefor, pay to the superintendent, or, at the
 discretion of the superintendent, directly to any organization  that  is
 under contract to provide examination services, an examination fee of an
 amount  which is the actual documented administrative cost of conducting
 said qualifying examination as certified by the superintendent from time
 to time. An examination fee represents an administrative expense and  is
 not refundable. The superintendent may, whenever in [his] THEIR judgment
 it  appears advisable in order to determine the competency of any appli-
 cant for a renewal license, or of any proposed sub-licensee to be  named
 therein,  require  such person to pass to the satisfaction of the super-
 intendent, a similar written examination.
 S. 8060                            10
 
   (3) The superintendent may issue a license to any person seeking to be
 named as licensee or sub-licensee who:
   (A)  has  since  July first, nineteen hundred twenty-eight, passed the
 examination given by the  superintendent  for  that  insurance  AGENT'S,
 broker's OR PRODUCER'S license and was licensed as such;
   (B)  within  three  years  from the date of the receipt of [his] THEIR
 application was a similarly licensed insurance [broker] PRODUCER;
   (C) within ten years from the date  of  the  receipt  of  [his]  THEIR
 application  was,  in  the  case  of a license under subparagraph (B) of
 paragraph one of subsection (b) of this section,  a  similarly  licensed
 insurance  [broker]  PRODUCER  and during the period of three years next
 preceding the receipt of [his]  THEIR  application  was  licensed  as  a
 property/casualty  insurance  agent  OR  PRODUCER  and, in the case of a
 license under subparagraph (A) of paragraph one  of  subsection  (b)  of
 this  section, was a similarly licensed insurance broker OR PRODUCER and
 during the period of three years next preceding  the  receipt  of  [his]
 THEIR  application was licensed as a life and accident and health insur-
 ance agent OR PRODUCER;
   (D) has regularly and continuously acted, in the  case  of  a  license
 under  subparagraph  (B)  of  paragraph  one  of  subsection (b) of this
 section, as a  licensed  resident  property/casualty  and  accident  and
 health  insurance  agent OR PRODUCER and, in the case of a license under
 subparagraph (A) of paragraph one of subsection  (b)  of  this  section,
 acted  as  a  licensed  life  and accident and health insurance agent OR
 PRODUCER for a period of at least five years immediately  preceding  the
 date of receipt of [his] THEIR application;
   (E) is a non-resident insurance [broker] PRODUCER for similar lines;
   (F) served as a member of the armed forces of the United States at any
 time,  and  shall  (i)  have been discharged under conditions other than
 dishonorable, or (ii) has a qualifying condition, as defined in  section
 one  of  the  veterans' services law, and has received a discharge other
 than bad conduct or dishonorable  from  such  service,  or  (iii)  is  a
 discharged  LGBT  veteran,  as  defined  in section one of the veterans'
 services law, and has received a discharge other  than  bad  conduct  or
 dishonorable from such service, and who within three years prior to [his
 or  her]  THEIR  entry into the armed forces held a license as insurance
 broker for similar lines, provided [his or her]  THEIR  application  for
 such  license is filed before one year from the date of final discharge;
 or
   (G) was previously licensed for the same line or lines of authority in
 another state, provided, however, that the applicant's home state grants
 non-resident licenses to residents of this state on the same basis. Such
 individual shall also not  be  required  to  complete  any  prelicensing
 education.  This  exemption is only available if the person is currently
 licensed in that state or if the application is received  within  ninety
 days of the date of cancellation of the applicant's previous license and
 if the prior state issues a certification that, at the time of cancella-
 tion,  the  applicant  was in good standing in that state or the state's
 producer database records, maintained by  the  National  Association  of
 Insurance  Commissioners,  its affiliates or subsidiaries, indicate that
 the producer is or was licensed in good standing for the line of author-
 ity requested. An individual or entity licensed  in  another  state  who
 moves  to  this  state  shall  make an application within ninety days of
 establishing legal residence to become a resident  licensee.  No  preli-
 censing  education  or  examination  shall be required of that person to
 S. 8060                            11
 
 obtain any line of authority previously held in the prior  state  except
 where the superintendent determines otherwise by regulation.
   (f)  (1)  At  the  time of application for every such license, and for
 every biennial renewal thereof, there shall be paid to  the  superinten-
 dent  for  each  individual applicant and for each proposed sub-licensee
 the sum of forty dollars for each year or fraction of a year in which  a
 license shall be valid. If, however, the applicant or a proposed sub-li-
 censee should withdraw [his] THEIR or its application or the superinten-
 dent  should  deny  [his]  THEIR  or  its application before the license
 applied for is issued, the superintendent may refund the fee paid by the
 applicant for the license applied for, excepting  any  examination  fees
 required pursuant to subsection (e) of this section.
   (2)  No  license  fee  shall be required of any person who served as a
 member of the armed forces of the United States at any time, and who (A)
 shall have been discharged, under conditions other than dishonorable, or
 (B) has a qualifying condition, as defined in section one of the  veter-
 ans'  services  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (C) is a discharged LGBT  veteran,
 as  defined  in  section  one  of  the  veterans'  services law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service, in a current licensing period, for the duration of such period.
   (g)  (1) Every insurance [broker's] PRODUCER'S license issued pursuant
 to this section to a business entity shall be for a term expiring on the
 thirtieth day of June of odd-numbered years. On and after January first,
 two thousand seven, every license issued pursuant to this section to  an
 individual,  and  every  license  in  effect prior to January first, two
 thousand seven that was issued pursuant to this section to  an  individ-
 ual,  who was born in an odd numbered year, shall expire on the individ-
 ual's birthday in each odd numbered year. On and  after  January  first,
 two  thousand seven, every license issued pursuant to this section to an
 individual, and every license in effect  prior  to  January  first,  two
 thousand  seven  that was issued pursuant to this section to an individ-
 ual, who was born in an even numbered year, shall expire on the individ-
 ual's birthday in each even numbered year. Every  such  license  may  be
 renewed  for the ensuing period of twenty-four months upon the filing of
 an application in conformity with this section. In the case of a license
 issued to a new applicant, the superintendent may issue a license for  a
 term  of  more  than  two  years,  provided however, such term shall not
 exceed thirty months. The superintendent may issue such rules and  regu-
 lations  as the superintendent deems necessary to implement the terms of
 this subsection including regulations  providing  that,  prior  to  July
 first,  two  thousand twenty-three, the registration fees and continuing
 education requirements for the renewal of any license issued to a  busi-
 ness  entity  pursuant to this subsection for a period that is more than
 twenty-four months may be increased in proportion to the length  of  the
 period of licensure.
   (2)  An  application  for  a  renewal  license shall be filed with the
 superintendent not less than sixty days prior to the  date  the  license
 expires  or  the  applicant shall be required to pay, in addition to the
 fee required in subsection (f) of this section, a further fee  for  late
 filing of ten dollars.
   (3) If an application for a renewal license shall have been filed with
 the  superintendent  before  the expiration of such license, the license
 sought to be renewed shall continue in  full  force  and  effect  either
 until  the issuance by the superintendent of the renewal license applied
 for or until five days after the superintendent shall  have  refused  to
 S. 8060                            12
 
 issue  such  renewal  license  and  given  notice of such refusal to the
 applicant and to each proposed sub-licensee.
   (4) Before refusing to renew any such license, except on the ground of
 failure  to  pass  a written examination required pursuant to subsection
 (e) hereof, the superintendent shall notify the applicant of [his] THEIR
 intention so to do and shall give such applicant a hearing.
   (5) (A) The superintendent may in issuing a renewal  license  dispense
 with  the requirement of a verified application by any individual licen-
 see or sub-licensee who, by reason of  being  engaged  in  any  military
 service  for  the  United States, is unable to make personal application
 for such renewal license, upon the filing of an application on behalf of
 such individual, in such form as the superintendent shall prescribe,  by
 some person or persons who in [his] THEIR judgment have knowledge of the
 facts  and  who  make  affidavit  showing  such military service and the
 inability of such insurance broker to make personal application.
   (B) An individual licensee or sub-licensee who  is  unable  to  comply
 with  license renewal procedures due to other extenuating circumstances,
 such as a long-term medical disability, may request  a  waiver  of  such
 procedures,  in  such  form  as  the superintendent shall prescribe. The
 licensee or sub-licensee may also request a waiver  of  any  examination
 requirement  or any other fine or sanction imposed for failure to comply
 with renewal procedures.
   (h) Any corporation, association or  firm  licensed  as  an  insurance
 [broker] PRODUCER under this section may at any time make an application
 to the superintendent for the issuance of a supplemental license author-
 izing  additional  officers  or  directors of such corporation, or addi-
 tional members of such firm or association, as the case may be,  to  act
 as  sub-licensees,  and,  if  the requirements of this section are fully
 complied with as to each of such proposed sub-licensees, the superinten-
 dent may issue to such licensee a supplemental license naming such addi-
 tional person or persons as sub-licensees.
   (i) If an application for a license under this section be rejected, or
 if such a license be suspended or revoked by  the  superintendent,  [he]
 SUCH  SUPERINTENDENT  shall  forthwith give notice thereof to the appli-
 cant, or to the licensee.
   (j) The superintendent may issue a  replacement  for  a  currently  in
 force  license which has been lost or destroyed. Before such replacement
 license shall be issued, there shall be on file in  the  office  of  the
 superintendent  a  written  application  for  such  replacement license,
 affirming under penalty of perjury that the original  license  has  been
 lost or destroyed, together with a fee of fifteen dollars.
   §  8.  The section heading and subsections (a) and (c) of section 2109
 of the insurance law,  subsection  (a)  as  amended  by  section  4  and
 subsection  (c)  as  amended by section 5 of part V of chapter 57 of the
 laws of 2014, are amended to read as follows:
   [Agents and brokers] PRODUCERS AND TITLE INSURANCE  AGENTS;  temporary
 license  in  case  of death, service in armed forces or disability.  (a)
 The superintendent may issue a temporary insurance [agent's]  PRODUCER'S
 license[,]  OR  title  insurance  agent's license [or insurance broker's
 license, or both an insurance agent's and insurance  broker's  license,]
 without  requiring  the  applicant  to  pass a written examination or to
 satisfy the requirements of subsection (c) of section two  thousand  one
 hundred  four of this article except as to age, in the case of a license
 issued pursuant to paragraph two of this subsection,  in  the  following
 cases:
 S. 8060                            13
 
   (1)  in  the  case  of  the death of a person who at the time of [his]
 THEIR death was a licensed accident and health insurance [agent] PRODUC-
 ER under subsection (a) of section two thousand one hundred [three] FOUR
 of this article, [a licensed insurance agent] or licensed  title  insur-
 ance agent under [subsection (b) of such section or a licensed insurance
 broker] SECTION TWO THOUSAND ONE HUNDRED THIRTY-NINE OF THIS ARTICLE:
   (A)  to  the  executor or administrator of the estate of such deceased
 [agent or broker] PRODUCER;
   (B) to a surviving next of kin of  such  deceased  [agent  or  broker]
 PRODUCER,  where  no  administrator  of  [his]  THEIR  estate  has  been
 appointed and no executor has qualified under [his] THEIR duly  probated
 will;
   (C) to the surviving member or members of a firm or association, which
 at  the  time  of  the  death  of a member was such a licensed insurance
 [agent,] PRODUCER OR licensed title insurance agent [or licensed  insur-
 ance broker]; or
   (D)  to  an officer or director of a corporation upon the death of the
 only officer or director who was qualified as a sub-licensee or  to  the
 executor  or  administrator  of  the  estate of such deceased officer or
 director;
   (2) to any person who may be designated by a person licensed  pursuant
 to  this  chapter  as  an insurance [agent,] PRODUCER OR title insurance
 agent [or an insurance broker, or both an insurance agent and  insurance
 broker], and who is absent because of service in any branch of the armed
 forces of the United States, including a partnership or corporation that
 is  licensed  pursuant to this chapter as an insurance [agent,] PRODUCER
 OR title insurance agent [or as an insurance broker, or both  an  insur-
 ance  agent  and  insurance broker], in a case where the sub-licensee or
 all sub-licensees, if more than one, named in the  license  or  licenses
 issued  to  such  partnership or corporation is or are absent because of
 service in any branch of the armed forces of the United States; and
   (3) to the next of kin of a person who has become totally disabled and
 prevented from pursuing any of the duties of [his or her] THEIR  occupa-
 tion, and who at the commencement of [his or her] THEIR disability was a
 licensed accident and health insurance [agent] PRODUCER under subsection
 (a) of section two thousand one hundred [three] FOUR of this article[, a
 licensed  insurance  agent  under  subsection (b) of such section,] OR a
 licensed title insurance agent [or a licensed insurance broker].
   (c) Such license or licenses shall authorize  the  person  or  persons
 named  therein to renew the business of the deceased, absent or disabled
 insurance [agent,] PRODUCER OR  title  insurance  agent,  [or  insurance
 broker,  or  both  an insurance agent and insurance broker,] as the case
 may be, or of the firm or, in the case of a license issued  pursuant  to
 paragraph  one  or  three of subsection (a) of this section, the associ-
 ation whose business is being continued thereunder, each such [agent  or
 broker]  PRODUCER  being referred to in this section as "original licen-
 see", expiring during the period in  which  such  temporary  license  or
 licenses  are  in  force,  to  collect  premiums  due and payable to the
 original licensee or, in the case of a license issued pursuant to  para-
 graph  one  of  subsection  (a)  of  this section, to [his or her] THEIR
 estate, and to perform such other acts as an insurance [agent,] PRODUCER
 OR a title insurance agent [or an insurance broker, or both an insurance
 agent or insurance broker], as the case may be, as are incidental to the
 continuance of the insurance business of such original licensee.
 S. 8060                            14
 
   § 9. Paragraph 1 of subsection (f) of section 2110  of  the  insurance
 law,  as  amended by chapter 687 of the laws of 2003, is amended to read
 as follows:
   (1)  As  used  in  this subsection, "non-resident insurance producer's
 license or sub-license" means a license or sub-license in such  capacity
 issued  pursuant  to  [paragraph  five  of subsection (g) of section two
 thousand one hundred three or] subsection (e) of  section  two  thousand
 one hundred four of this article.
   § 10. Section 2114 of the insurance law, paragraph 1 of subsection (a)
 as amended by chapter 505 of the laws of 2000, paragraph 3 of subsection
 (a)  and  subsection  (b) as amended by chapter 687 of the laws of 2003,
 paragraph 4 of subsection (a) as added by chapter 418  of  the  laws  of
 2000, is amended to read as follows:
   §  2114.  Life,  accident  and  health  insurance  [agents] PRODUCERS;
 commissions. (a) (1) No insurer or fraternal benefit society doing busi-
 ness in this state shall pay any commission or other compensation to any
 person, firm or corporation, for any services in obtaining in this state
 any new contract of life insurance or any new annuity  contract,  except
 to a licensed life insurance PRODUCER APPOINTED AS agent of such insurer
 or of such society or [to] ACTING AS an insurance broker [licensed under
 subparagraph (A) of paragraph one of subsection (b) of section two thou-
 sand one hundred four of this article], and except to a person described
 in  paragraph two or three of subsection (a) of section two thousand one
 hundred one of this article.
   (2) No agent or other representative  of  any  such  life  insurer  or
 fraternal benefit society shall pay any commission or other compensation
 to  any  person  for any services of the kind specified in paragraph one
 hereof, except to a licensed life insurance PRODUCER APPOINTED AS  agent
 of such insurer or of such society as the case may be.
   (3) No insurer, fraternal benefit society or health maintenance organ-
 ization  doing  business  in  this state and no agent or other represen-
 tative thereof shall pay any commission or  other  compensation  to  any
 person,  firm,  association  or  corporation for services in soliciting,
 negotiating or selling in this state any new  contract  of  accident  or
 health  insurance  or  any new health maintenance organization contract,
 except to a licensed accident and health insurance PRODUCER APPOINTED AS
 agent of such insurer, such society or health maintenance  organization,
 or  to a licensed insurance broker of this state, and except to a person
 described in paragraph two or three of subsection  (a)  of  section  two
 thousand one hundred one of this article.
   (4)  Services  of  the  kind  specified  in  this subsection shall not
 include the referral of a person  to  a  licensed  insurance  [agent  or
 broker]  PRODUCER  that does not include a discussion of specific insur-
 ance policy terms and conditions and where the compensation for referral
 is not based upon the purchase of insurance by such person.
   (b) If any licensed life insurance [agent] PRODUCER who or  which  has
 received  an  application  for  a  life insurance or annuity contract is
 unable after reasonable diligence to obtain all  or  any  part  of  such
 insurance  from the life insurer or insurers which [he] SUCH PRODUCER or
 it is licensed to represent, such [agent] PRODUCER may solicit,  negoti-
 ate  or  sell  such  insurance, to the extent to which it is declined by
 such insurer or insurers, from any  other  authorized  life  insurer  or
 insurers, with the consent of the person making such application; but no
 such [agent] PRODUCER shall receive any commission or other compensation
 for [his] THEIR services in connection therewith from any insurer unless
 S. 8060                            15
 
 [he] SUCH PRODUCER is licensed as agent of such insurer at the time when
 [he] SUCH PRODUCER receives such compensation.
   §  11.  Subsections  (a) and (c) of section 2115 of the insurance law,
 paragraph 1 of subsection (a) as amended by chapter 418 of the  laws  of
 2000, are amended to read as follows:
   (a) (1) No insurer doing business in this state, and no agent or other
 representative  thereof,  except  as  provided in subsection (b) hereof,
 shall pay any commission or other  compensation  to  any  person,  firm,
 association  or  corporation for acting as insurance [agent] PRODUCER in
 this state, except to a  licensed  insurance  [agent  of  such  insurer]
 PRODUCER or to a person described in paragraph two or four of subsection
 (a) of section two thousand one hundred one of this article or except as
 provided  in  subsection  (c)  of this section. For the purposes of this
 section, "acting as insurance [agent] PRODUCER" shall  not  include  the
 referral  of a person to a licensed insurance [agent or broker] PRODUCER
 that does not include a discussion of specific  insurance  policy  terms
 and conditions and where the compensation for referral is not based upon
 the purchase of insurance by such person.
   (2)  The  term  "licensed  insurance [agent] PRODUCER" as used in this
 subsection includes any [agent] PRODUCER authorized to act as such by  a
 license issued and in force pursuant to the provisions of subsection (b)
 of  section  two  thousand  one  hundred [three] FOUR of this article or
 authorized to act as such in connection with  contracts  for  disability
 benefits pursuant to the provisions of [subsection (n) of] such section.
   (c)  An  insurer  participating  in  a plan for assignment of personal
 injury liability insurance or property damage liability insurance pursu-
 ant to article fifty-three of this chapter, or participating in a  rein-
 surance  agreement  for  the  writing  of bonds to the state of New York
 under the alcoholic beverage control  law,  which  plan  or  reinsurance
 agreement  has been approved by the superintendent, may pay a commission
 to an adequately qualified [agent] LICENSED PRODUCER who  is  [licensed]
 APPOINTED  to act as agent for any insurer participating in such plan or
 reinsurance agreement when such [agent] PRODUCER is  designated  by  the
 assured  as  the  producer  of record under the automobile assigned risk
 plan pursuant to which a policy is issued, or where such [agent] PRODUC-
 ER submits an application for a bond pursuant  to  which  such  bond  is
 issued under such reinsurance agreement.
   §  12.  Paragraph 1 of subsection (a) of section 2115 of the insurance
 law, as amended by chapter 805 of the laws of 1984, is amended  to  read
 as follows:
   (1)  No  insurer  doing  business in this state, and no agent or other
 representative thereof, except as provided  in  subsection  (b)  hereof,
 shall  pay  any  commission  or  other compensation to any person, firm,
 association or corporation for acting as insurance [agent]  PRODUCER  in
 this  state,  except  to  a  licensed  insurance [agent of such insurer]
 PRODUCER or to a person described in paragraph two or four of subsection
 (a) of section two thousand one hundred one of this article or except as
 provided in subsection (c) of this section.
   § 13. Section 2116 of the insurance law is REPEALED.
   § 14. The section heading and subsections (a), (b),  (c)  and  (d)  of
 section  2119  of  the  insurance law, the section heading as amended by
 section 9 of part V of chapter 57 of the laws of 2014,  paragraph  1  of
 subsection  (c) and subsection (d) as amended by chapter 687 of the laws
 of 2003, paragraph 4 of subsection (c) as amended by chapter 368 of  the
 laws of 1984, are amended to read as follows:
 S. 8060                            16
 
   Insurance  [agents,  brokers]  PRODUCERS, consultants, life settlement
 brokers, and title insurance agents; written contract for  compensation;
 excess charges prohibited.
   (a) (1) No person licensed as an insurance [agent, broker] PRODUCER or
 consultant may receive any fee, commission or thing of value for examin-
 ing,  appraising,  reviewing  or  evaluating any insurance policy, bond,
 annuity or pension or profit-sharing contract, plan or  program  or  for
 making recommendations or giving advice with regard to any of the above,
 unless  such  compensation  is based upon a written memorandum signed by
 the party to be charged and specifying or clearly defining the amount or
 extent of such compensation.
   (2) A copy of every such memorandum or contract shall be  retained  by
 the licensee for not less than three years after such services have been
 fully performed.
   (b) (1) No person licensed as an insurance [agent, broker] PRODUCER or
 a  consultant  may  receive  any  compensation, direct or indirect, as a
 result of the sale of insurance or annuities to, or the use  of  securi-
 ties  or  trusts in connection with pensions for, any person to whom any
 such licensee has performed any related  consulting  service  for  which
 [he] SUCH PERSON has received a fee or contracted to receive a fee with-
 in  the preceding twelve months unless such compensation is provided for
 in the memorandum or contract required pursuant to subsection (a)  here-
 of.
   (2)  This  chapter shall not prohibit the offset, in whole or in part,
 of compensation payable under  subsection  (a)  hereof  by  compensation
 otherwise  payable to such consultant as [agent or broker] PRODUCER as a
 result of such sale of insurance or annuities or the use  of  securities
 or  trusts  in  connection with pensions, if any such offset is provided
 for in the written memorandum or contract required under subsection  (a)
 hereof.
   (c)  (1)  No insurance [broker] PRODUCER may receive any compensation,
 other than commissions deductible from premiums on insurance policies or
 contracts, from any insured or prospective insured for or on account  of
 the   sale,  solicitation  or  negotiation  of,  or  other  services  in
 connection with, any contract of insurance made or  negotiated  in  this
 state or for any other services on account of such insurance policies or
 contracts, including adjustment of claims arising therefrom, unless such
 compensation  is based upon a written memorandum, signed by the party to
 be charged, and specifying or clearly defining the amount or  extent  of
 such compensation.
   (2)  A copy of every such memorandum shall be retained by the [broker]
 PRODUCER for not less than three years after  such  services  have  been
 fully performed.
   (3)  This  subsection  shall not affect the right of any such [broker]
 PRODUCER to recover from the insured the amount of any premium or premi-
 ums for insurance effectuated by or through such [broker] PRODUCER.
   (4) This subsection shall not affect the  requirements  of  subsection
 (a)  or  (b)  hereof, subsection (g) of section two thousand one hundred
 one or section two thousand one hundred eight of this article.
   (d) No insurance [broker] PRODUCER shall, in connection with the sale,
 solicitation or negotiation, issuance,  delivery  or  transfer  in  this
 state  of  any  contract  of insurance made or negotiated in this state,
 directly or indirectly charge, or receive from, the insured or  prospec-
 tive  insured  therein  any  greater  sum than the rate of premium fixed
 therefor by the insurer obligated as such therein, unless such  [broker]
 S. 8060                            17
 
 PRODUCER  has a right to compensation for services created in the manner
 specified in subsection (c) of this section.
   §  15. Section 2129 of the insurance law, as amended by chapter 556 of
 the laws of 1996, is amended to read as follows:
   § 2129. Duty to have [an agent or broker] A PRODUCER at each place  of
 business.    (a) Each place of business established by the holder of [an
 agent and/or broker] A PRODUCER license shall be under  the  supervision
 of  one  or more persons licensed to do the kinds of business transacted
 in that office.  The headquarters location must be supervised by one  or
 more  persons  licensed  to  do  all the kinds of business for which the
 licensee is authorized. Any satellite office established by  a  licensee
 must  be  supervised  by one or more persons licensed to do the kinds of
 business to be transacted in that office.
   (b) Written notice shall be given to the superintendent containing the
 location of each satellite office and the  licensed  person  or  persons
 responsible for each satellite office.
   §  16.  Subparagraph (A) of paragraph 2 of subsection (e), paragraph 4
 of subsection (h) and subsection (j) of section 2131  of  the  insurance
 law,  subparagraph  (A) of paragraph 2 of subsection (e) and paragraph 4
 of subsection (h) as amended by chapter 368 of the  laws  of  2010,  and
 subsection  (j)  as  amended  by  chapter  582  of the laws of 2003, are
 amended to read as follows:
   (A) summarize, clearly and correctly, the material terms of  insurance
 coverage,  including  the  identity  of  the insurer and, with regard to
 wireless  communications  equipment  insurance,  the  [agent]   PRODUCER
 licensed  under  subsection  (b)  of  section  two  thousand one hundred
 [three] FOUR of this article;
   (4) with regard to wireless  communications  equipment  insurance  and
 self-service storage company insurance, training materials may be devel-
 oped  and  provided  by  [an  agent]  A  PRODUCER  licensed  pursuant to
 subsection (b) of section two thousand one hundred [three] FOUR of  this
 article.
   (j) No limited licensees under this section shall advertise, represent
 or  otherwise  hold  itself  or  any  of its employees themselves out as
 licensed insurance [agents or brokers] PRODUCERS.
   § 17. Paragraph 2 of subsection (c) of section 2132 of  the  insurance
 law,  as  amended by chapter 264 of the laws of 1998, is amended to read
 as follows:
   (2) 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, as follows: (A)  subsection
 (a)  of  section  two  thousand one hundred [three] FOUR and section two
 thousand one hundred seven of this article with respect to  life  insur-
 ance  consultants;  or  (B)  subsection (b) of [section two thousand one
 hundred three,] section two thousand one hundred four, section two thou-
 sand one hundred seven of this article with respect to general insurance
 consultants, and section two thousand one hundred eight of this  article
 with respect to public adjusters.
   §  18.  Paragraph 2 of subsection (b) of section 2202 of the insurance
 law is amended to read as follows:
   (2) No individual shall be qualified to take the examination unless he
 possesses the same qualifications regarding  insurance  course  require-
 ments  as those required pursuant to subparagraph (A) of paragraph [two]
 ONE of subsection [(f)] (C) of section two thousand one hundred  [three]
 FOUR  of  this  chapter  for [agent] PRODUCER licensing pursuant to such
 section.
 S. 8060                            18
 
   § 19. Subsection (f) of section 4236 of the insurance law  is  amended
 to read as follows:
   (f)  Such  association  may  solicit the sale of such health insurance
 through any [insurance agent licensed pursuant to section  two  thousand
 one  hundred  three of this chapter and any] insurance [broker] PRODUCER
 licensed pursuant to section two thousand one hundred four of this chap-
 ter. It shall not pay to such [agent or broker] PRODUCER  or  any  other
 person  any  commission,  compensation  or other fee or allowance not in
 accordance with a schedule thereof which shall have  been  filed  by  it
 with  and  approved by the superintendent. Except as aforesaid, it shall
 not pay any commission, compensation, fee or allowance to any person but
 it may pay a salary or compensation to persons regularly employed by it.
   § 20. Subsection (c) of section 4525 of the insurance law, as  amended
 by chapter 289 of the laws of 2009, is amended to read as follows:
   (c)  section  one thousand one hundred one, subsections (a) and (g) of
 section one thousand one hundred two, sections one thousand one  hundred
 three,  one thousand one hundred five, one thousand one hundred six, one
 thousand one hundred eight, one thousand one hundred twelve,  paragraphs
 one, two and three of subsection (a) of section one thousand one hundred
 thirteen,  sections  one  thousand  two  hundred  five, one thousand two
 hundred twelve, one thousand two hundred  seventeen,  and  one  thousand
 three  hundred  twenty-two, subsections (a), (b), (d) and (e) of section
 two thousand one hundred one, subsection (a) of section two thousand one
 hundred two, subsection (a) and subsections (c) through (m)  of  section
 two  thousand  one hundred three, subsections (a) through (e) of section
 two thousand one hundred nine, subsections (a), (b) and (d) through  (f)
 of  section  two  thousand  one  hundred  ten, sections two thousand one
 hundred twelve, two thousand one hundred fourteen [and two thousand  one
 hundred  sixteen],  subsections  (a),  (b),  (c)  and (e) through (h) of
 section two thousand one hundred seventeen, subsections (a) and  (c)  of
 section  two  thousand  one  hundred  twenty,  sections two thousand one
 hundred twenty-two, two thousand one hundred twenty-three, and two thou-
 sand one hundred twenty-four, subsection (b)  of  section  two  thousand
 three  hundred  seven,  sections three thousand one hundred three, three
 thousand one hundred five, three thousand one hundred six,  three  thou-
 sand one hundred ten, three thousand two hundred one, three thousand two
 hundred two, three thousand two hundred five, three thousand two hundred
 seven,  three  thousand  two  hundred  nine  through  three thousand two
 hundred twelve, three thousand two hundred fourteen, four  thousand  two
 hundred  thirteen,  four  thousand two hundred twenty-six, four thousand
 two hundred forty-one, seven thousand three hundred one, seven  thousand
 three hundred three and seven thousand three hundred four; and
   §  21. Section 6505 of the insurance law, as amended by chapter 285 of
 the laws of 1993, is amended to read as follows:
   § 6505. Licensing of agents. The standards in subsections (d)  through
 (k), (m) and [(o)] (N) of section two thousand one hundred three of this
 chapter  shall  apply to the licensing of agents for a mortgage insurer.
 Such license may be limited to  mortgage  guaranty  insurance.  In  such
 event,  the  superintendent  may,  in  [his] THEIR discretion, provide a
 special examination for such license.
   § 22. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law:
   1. provided, however, that the amendments to paragraph 4 of subsection
 (a) of section 2114 of the insurance law made by section ten of this act
 shall not affect the repeal  of  such  paragraph  and  shall  be  deemed
 repealed therewith;
 S. 8060                            19

   2.  provided  further,  however, that the amendments to paragraph 1 of
 subsection (a) of section 2115 of the  insurance  law  made  by  section
 eleven  of  this act shall be subject to the expiration and reversion of
 such subdivision pursuant to section 12 of chapter 418 of  the  laws  of
 2000,  as  amended, when upon such date the provisions of section twelve
 of this act shall take effect;
   3. all licenses issued prior to the effective date of this  act  shall
 remain  in  effect under terms and conditions that applied upon issuance
 until their scheduled expiration. Upon renewal, all such licenses  shall
 be subject to the requirements and provisions of this act at the time of
 such renewal.