GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 591

Short Title:  Insurance Continuing Ed.	(Public)

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Sponsors: Senators Kincaid and McDaniel.

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Referred to:  Pensions and Retirement/Insurance/State Personnel

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April 5, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT INSURANCE AGENTS AND BROKERS WHO HAVE BEEN LICENSED FOR THREE YEARS OR MORE MUST COMPLY WITH CONTINUING EDUCATION REQUIREMENTS EVERY TWO YEARS RATHER THAN ONCE A YEAR.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-33-130 reads as rewritten:
"§ 58-33-130.  Continuing education program for licensees.
(a)	The Commissioner may adopt rules to provide for a program of continuing education requirements for the purpose of enhancing the professional competence and professional responsibility of adjusters and motor vehicle damage appraisers. The rules may include criteria for:
(1)	The content of continuing education courses;
(2)	Accreditation of continuing education sponsors and programs;
(3)	Accreditation of videotape or other audiovisual programs;
(4)	Computation of credit;
(5)	Special cases and exemptions;
(6)	General compliance procedures; and
(7)	Sanctions for noncompliance.
(b)	The Commissioner may adopt rules to provide for the continuing professional education of all agents and brokers, including fraternal field marketers, but excluding limited representatives. In adopting the rules, the Commissioner may use the same criteria as specified in subsection (a) of this section.  Agents and brokers who have been licensed pursuant to this Article less than three years shall be required to comply with continuing professional education requirements every year, and agents and brokers who have been licensed as agents or brokers pursuant to this Article continuously for three years or more shall be required to comply with continuing professional education requirements every two years. Agents holding more than one license under G.S. 58-33-25(c) are required to complete no more than 18 credit hours per year if they have been licensed less than three years and no more than 18 credit hours every two years if they have held at least one license continuously for three years or more.
(c)	On and after January 1, 1992, any individual agent or broker desiring to renew an appointment or license shall offer evidence satisfactory to the Commissioner that the agent or broker has complied with the continuing professional education requirements approved by the Commissioner.
(d)	Continuing professional education hour requirements shall be determined by the Commissioner, but shall not be more than 12 credit hours every two years for agents and brokers who have been licensed continuously for three years or more and not more than 12 credit hours per year for all other licensees.
(e)	No more than seventy-five percent (75%) of the requirement relating to life or health insurance agents or brokers may be met by taking courses offered by licensed life or health insurance companies with which those agents or brokers have appointments.
(f)	Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 678, s. 18.
(g)	The Commissioner shall permit any licensee to accumulate and carry forward up to seventy-five percent (75%) of the required hours of continuing professional education.
(h)	Any licensee who offers evidence satisfactory to the Commissioner on forms prescribed by the Commissioner that he has satisfactorily completed the required continuing professional education courses shall be deemed to have complied with this section.
(i)	The Commissioner is authorized to approve continuing professional education courses.
(j)	The Commissioner is authorized to establish fees to be paid to the Commissioner by licensees who are required to comply with this section or by course vendors for the purpose of offsetting the cost of additional staff and resources to administer the program authorized by this section.  To assure continued and proper administration of the program, any unexpended revenue from the fees shall not revert to the General Fund.
(k)	Repealed by Session Laws 1993, c. 409, s. 4."
Sec. 2.  This act is effective upon ratification and applies to continuing professional education requirements for years beginning with 1996.