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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 6-604, Arizona Revised Statutes, is amended to read: START_STATUTE6-604. Issuance of license; license year; renewal; expiration; requirements A. If the deputy director finds no grounds for denial of a license, within one hundred twenty days after receiving a complete application, the deputy director shall grant the application and issue a license to the applicant. B. The license year for a licensee begins on July January 1 and ends on June 30 December 31 of each year. A license that is issued pursuant to this chapter remains active until the license expires or the director suspends, revokes or terminates the license. C. A licensee shall apply for renewal as prescribed by the deputy director and pay the renewal fee prescribed in section 6-126 not later than June 30 December 31 of each year. For each day after June 30 December 31 that the renewal application is not received by the deputy director, the applicant shall pay a $25 late fee in addition to the fee prescribed in section 6-126. If the deputy director does not receive the licensee's renewal application and fee on or before June 30 December 31, the licensee may not act as a consumer lender until the license is renewed or a new license is issued pursuant to this article. If the deputy director does not receive the licensee's renewal application and fee on or before July January 31, the license automatically expires. The holder of an expired license may not be issued a renewal license but may be issued a new license as provided in this article. D. A license remains the property of this state. On termination at the request of the licensee or revocation by the deputy director, the licensee shall immediately deliver the license to the deputy director. Termination of the license does not affect any other liability of the licensee. E. The licensee shall designate the principal location of the licensed office within or outside this state. If a licensee wishes to maintain more than one office location the licensee shall first obtain a branch office license for each branch office from the deputy director. The licensee shall submit an application in the form prescribed by the deputy director and pay the fee prescribed in section 6-126 for each branch office license. If the deputy director determines that the applicant is qualified, the deputy director shall issue a branch office license indicating the address of the branch office. F. A licensee shall prominently display the consumer lender license in the office of the consumer lender and any branch office license in that branch office. END_STATUTE Sec. 2. Section 6-707, Arizona Revised Statutes, is amended to read: START_STATUTE6-707. Issuance of license; display; renewal A. On the filing of the application and the payment of the fees and the approval of the bond, or bonds, the deputy director shall investigate the facts, and if the deputy director finds that the financial responsibility and experience of the applicant are such as to command the confidence of the community to warrant belief that the business will be operated fairly and honestly and within the purposes of this article, the deputy director shall issue the applicant a license to do business as a debt management company. B. The license shall be kept conspicuously posted in the business office of the licensee. The license is not transferable or assignable. C. Licenses expire on June 30 December 31 following the date of the issuance unless sooner surrendered, revoked or suspended but may be renewed by filing an application with the deputy director on or before June 30 December 31 each year. The application for renewal shall be in the form prescribed by the deputy director and shall be accompanied by the fee prescribed in section 6-126. A separate application shall be made for each initial license of a principal place of business, agency or branch office. END_STATUTE Sec. 3. Section 6-815, Arizona Revised Statutes, is amended to read: START_STATUTE6-815. Renewal of license A licensee shall make application for renewal as prescribed by the deputy director and pay the renewal fee prescribed in section 6-126 not later than September 30 December 31 of each year. For each day after September 30 December 31 that the renewal application is not received by the deputy director the applicant shall pay $25 in addition to the fee prescribed by section 6-126. Licenses for which renewal applications are not received by the deputy director by September 30 December 31 are suspended, and the licensee shall not act as an escrow agent until the license is renewed or a new license is issued pursuant to this article. A license of a licensee that has not filed its renewal application and paid the renewal fee by October January 31 expires. A license shall not be granted to the holder of an expired license except as provided in this article for the issuance of an original license. END_STATUTE Sec. 4. Section 6-1203, Arizona Revised Statutes, is amended to read: START_STATUTE6-1203. Implementation; fees A. To implement this article, the director may: 1. Enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures, providing for licensure by reciprocity and sharing resources, records or related information obtained under this article. 2. Use, hire, contract for or employ analytical systems, methods or software to examine or investigate any person subject to this article. 3. Accept the following from other state or federal government agencies or officials: (a) Licensing, examination or investigation reports made by other state or federal government agencies or officials. (b) Audit reports made by an independent certified public accountant or other qualified third-party auditor for an applicant or licensee and incorporate the audit report in any report of examination or investigation. B. The director shall administer, interpret and enforce this article and may adopt rules to implement this article. The director may impose fees to administer and enforce this article.END_STATUTE Sec. 5. Section 6-1305, Arizona Revised Statutes, is amended to read: START_STATUTE6-1305. Registration; renewal; reporting requirements A. The deputy director shall register the applicant as an advance fee loan broker when an applicant has fully complied with this chapter and the rules prescribed by the deputy director. B. The deputy director shall immediately notify the applicant on registering the applicant as an advance fee loan broker. C. A registered advance fee loan broker shall apply for renewal as prescribed by the deputy director not later than June 30 December 31 of each year. A registration for which a renewal application is not received by the deputy director by June 30 December 31 is suspended and the registered advance fee loan broker may not act as an advance fee loan broker until the registration is renewed or a new registration is issued pursuant to this article. The registration of an advance fee loan broker that has not filed a renewal application and paid the renewal fee by July January 31 expires. A registration may not be granted to the holder of an expired registration except as provided in this article for the issuance of an original registration. D. An advance fee loan broker may annually renew the broker's registration by filing a supplemental statement showing any changes in the facts set forth in the original application for registration or any previously filed supplemental statement made at the time of annual renewal. E. An advance fee loan broker shall file a supplemental statement showing any changes in the facts set forth in the original application or in any supplemental statement made at the time of annual renewal within thirty days after a change in any material fact. END_STATUTE Sec. 6. Section 20-108.01, Arizona Revised Statutes, is amended to read: START_STATUTE20-108.01. Extended warranty insurers; deposit with state treasurer; powers and duties; definition A. Every extended warranty insurer shall deposit with the state treasurer and maintain on deposit for the benefit and protection of any person purchasing such extended warranty or guaranty in the event of insolvency of the extended warranty insurer under its contract with any such person either of the following: 1. A bond in the amount of $25,000 issued by an insurance company holding a current certificate of authority issued by the director. 2. Eligible securities as defined in section 20-583 having the lesser of par or market value of not less than $25,000. B. The director shall may adopt rules and regulations to enforce this section. C. For the purposes of this section, "extended warranty insurer" has the same meaning prescribed in section 20-108. END_STATUTE Sec. 7. Section 20-211, Arizona Revised Statutes, is amended to read: START_STATUTE20-211. Surplus required A. In addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, as required by sections 20-210 and 20-212 as to all stock insurers and foreign and alien mutual and reciprocal insurers, by sections 20-768 and 20-212 as to domestic reciprocal insurers, and section 20-711, subsection B and section 20-212 as to domestic mutual insurers, except as stated in subsection C of this section, any foreign or alien insurer, any title insurer, and any domestic insurer shall possess at the time of original authorization in this state initial free surplus as stated in section 20-210, and shall maintain free surplus funds in an amount of not less than one-half such initial free surplus. No other insurer shall be so initially authorized in this state unless it then possesses surplus of not less than initial free surplus as stated in section 20-210, in addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, otherwise required. B. In addition to the minimum required capital stock if the insurer is a stock insurer or in addition to the minimum required basic surplus if the insurer is a mutual or reciprocal insurer under this article and chapter 4, article 1 of this title, a domestic, foreign or alien insurer shall possess and maintain any additional free surplus that the director may require based on the type, volume or nature of its business as a necessary condition to avoid rendering its transaction of insurance hazardous to its policyholders or the people of this state. The director shall may adopt rules to implement the provisions of this subsection. C. Subsection A of this section shall does not apply to a domestic mutual insurer which that qualifies upon on the basis of applications for insurance as provided in section 20-711, nor or to reinsurers which that qualify pursuant to chapter 4, article 10 of this title and which that do not within such five year period transact any kind of insurance in addition to that for which initially authorized. END_STATUTE Sec. 8. Section 20-235, Arizona Revised Statutes, is amended to read: START_STATUTE20-235. Insurers; financial disclosure; requirements A. The director shall may adopt rules which require each insurer licensed to write property or casualty insurance in this state to report its loss and expense experience, investment income, administrative expenses and other data, as he may require, for classes of risks which he may designate. Such reports shall be in addition to the annual statement required by section 20-223. B. The department may designate one or more rate service organizations or advisory organizations to gather and compile the experience and data. C. The director by order may require an insurer authorized to transact insurance in this state to submit statistical and other financial data including the information prescribed in subsection A of this section in a form and content consistent with rules adopted pursuant to subsection A, with any model guideline, regulation, rule or act adopted by the national association of insurance commissioners or with the classification basis used by the insurer. The director shall prescribe the time period and form in which the data shall be submitted. D. An insurer who fails to provide the information required under subsection C of this section is subject to payment of a late fee of not more than one hundred dollars for each day of delinquency. The director shall notify an insurer of late fees that it will incur as a result of noncompliance with this section at least ten days prior to the date any such late fees become due. END_STATUTE Sec. 9. Section 20-2414, Arizona Revised Statutes, is amended to read: START_STATUTE20-2414. Annual report A. Beginning on or before December 31, 2017, The director shall annually report the following information to the president of the senate and the speaker of the house of representatives: 1. The number of risk retention groups licensed in this state since August 6, 2016. 2. Any regulatory action taken by the director against a risk retention group licensed in this state for noncompliance with section 20-2402. 3. The total number of private passenger automobile insurance policies: (a) That were nonrenewed during the previous calendar year pursuant to sections 20-1631 and 20-1632. (b) In force in this state as of the end of the previous calendar year. (c) In force within this state's automobile assigned risk plan as of the end of the previous calendar year. B. The director may provide the report required by subsection A of this section in an electronic format. END_STATUTE Sec. 10. Section 20-2904, Arizona Revised Statutes, is amended to read: START_STATUTE20-2904. Continuing education; contractor requirements; automatic approval A. Pursuant to title 41, chapter 23, the director shall enter into a contract with a person for the approval of approved providers and courses and administration of the continuing education program. The director shall include in any request for proposals the minimum performance standards established by the continuing education review committee. B. The contractor shall: 1. After a complete review and investigation based on the minimum standards established by the continuing education review committee: (a) 1. Accept or reject provider organizations as approved providers. (b) 2. Except as provided in subsection C of this section, review course content for approval or disapproval as an approved continuing education course. 2. 3. Charge an applicant an application fee for acceptance as an approved provider and a fee for approval of a continuing education course. C. A continuing education course is automatically approved if either: 1. Thirty days after the contractor receives an application, the contractor does not disapprove the course described in the application or does not request supplemental information from the applicant. 2. The course is approved by the insurance regulatory authority in at least five other states and the approved provider provides the contractor with a certificate or letter from the regulatory authority in the five other states that confirms the approval of the course. D. The contractor's decision pursuant to subsection B, paragraph 1, subdivision (b) 2 of this section is an appealable agency action as defined in section 41-1092 and the approved provider is entitled to a hearing pursuant to title 41, chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, is entitled to judicial review pursuant to title 12, chapter 7, article 6. E. Except as provided in section 20-2903, the acceptance of an approved provider is valid for five years. At the end of the five years, the approved provider may submit an application for renewal to the contractor and the contractor shall charge the approved provider the fee prescribed in subsection B of this section. The approval of a continuing education course is valid for two years or until the course content or outline changes. At the end of the two years or when the course content or outline changes, the approved provider may submit an application for renewal to the contractor and the contractor shall charge the approved provider the fee prescribed in subsection B of this section. END_STATUTE Sec. 11. Section 20-3251, Arizona Revised Statutes, is amended to read: START_STATUTE20-3251. Interstate insurance product regulation compact The interstate insurance product regulation compact is enacted into law as follows: Article I Purpose Under the terms and conditions of this compact, this state seeks to join with other states and establish the interstate insurance product regulation compact and thus become a member of the interstate insurance product regulation commission. The director is hereby designated to serve as the representative of this state to the commission. The purposes of the compact are, through means of joint and cooperative action among the compacting states: 1. To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products. 2. To develop uniform standards for insurance products covered under the compact. 3. To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, related advertisements, submitted by insurers authorized to do business in one or more compacting states. 4. To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard. 5. To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the compact. 6. To create the interstate insurance product regulation commission. 7. To perform these and other related functions as may be consistent with the state regulation of the business of insurance. Article II Definitions In this compact, unless the context otherwise requires: 1. "Advertisement" means any material designed to create public interest in a product or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy, as more specifically defined in the rules and operating procedures of the commission. 2. "Bylaws" means those bylaws established by the commission for its governance or for directing or controlling the commission's actions or conduct. 3. "Commission" means the interstate insurance product regulation commission established by this compact. 4. "Commissioner" means the insurance director or the chief insurance regulatory official of a state including commissioner, deputy director, director or administrator. 5. "Compact" means the interstate insurance product regulation compact. 6. "Compacting state" means any state that has enacted the compact and that has not withdrawn or been terminated under article XIV of this compact. 7. "Insurer" means any entity licensed by a state to issue contracts of insurance for any of the lines of insurance covered by the compact. 8. "Member" means the person chosen by a compacting state as its representative to the commission or the person's designee. 9. "Noncompacting state" means any state that is not at the time a compacting state. 10. "Operating procedures" means procedures adopted by the commission implementing a rule, uniform standard or compact provision. 11. "Product" means the form of a policy or contract, including any application, endorsement or related form that is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income or long-term care insurance product that an insurer is authorized to issue. 12. "Rule" means a statement of general or particular applicability and future effect that is adopted by the commission, including a uniform standard developed pursuant to article VII of this compact, and that is designed to implement, interpret or prescribe law or policy or describes the organization, procedure or practice requirements of the commission, which shall have the force and effect of law in the compacting states. 13. "State" means any state, district or territory of the United States. 14. "Third-party filer" means an entity that submits a product filing to the commission on behalf of an insurer. 15. "Uniform standard" means a standard adopted by the commission for a product line pursuant to article VII of this compact and includes all of the product requirements in aggregate. Each uniform standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading or ambiguous provisions in a product and the form of the product made available to the public shall not be unfair, inequitable or against public policy as determined by the commission. Article III Commission Establishment and Venue A. The compacting states hereby create and establish a joint public agency known as the interstate insurance product regulation commission. Under article IV of this compact, the commission has the power to develop uniform standards for product lines, receive and provide prompt review of products filed with the commission and give approval to those product filings satisfying applicable uniform standards. It is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. This section does not prohibit any insurer from filing its product in any state wherein the insurer is licensed to conduct the business of insurance. Any filing is subject to the laws of the state where filed. B. The commission is a body corporate and politic, and an instrumentality of the compacting states. C. The commission is solely responsible for its liabilities except as otherwise specifically provided in this compact. D. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. Article IV Commission Powers The commission has the following powers: 1. To adopt rules pursuant to article VII of this compact that shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the compact. 2. To exercise its rulemaking authority and establish reasonable uniform standards for products covered under the compact, and advertisement related thereto, which shall have the force and effect of law and shall be binding in the compacting states, but only for those products filed with the commission. A compacting state shall have the right to opt out of the uniform standard pursuant to article VII of this compact, to the extent and in the manner provided in this compact. Any uniform standard established by the commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the national association of insurance commissioners' long-term care insurance model act and long-term care insurance model regulation, respectively, adopted as of 2001. The commission shall consider whether any subsequent amendments to the long-term care insurance model act or long-term care insurance model regulation adopted by the national association of insurance commissioners require amending of the uniform standards established by the commission for long-term care insurance products. 3. To receive and review in an expeditious manner products filed with the commission, and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the applicable uniform standard, where such approval shall have the force and effect of law and be binding on the compacting states to the extent and in the manner provided in the compact. 4. To receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the commission, and give approval to all advertisement that satisfies the applicable uniform standard. For any product covered under this compact, other than long-term care insurance products, the commission shall have the authority to require an insurer to submit all or any part of its advertisement with respect to that product for review or approval before use if the commission determines that the nature of the product is such that an advertisement of the product could have the capacity or tendency to mislead the public. The actions of the commission as provided in this section shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the compact. 5. To exercise its rulemaking authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the commission. 6. To adopt operating procedures pursuant to article VII of this compact that shall be binding in the compacting states to the extent and in the manner provided in the compact. 7. To bring and prosecute legal proceedings or actions in its name as the commission. The standing of any state insurance department to sue or be sued under applicable law shall not be affected. 8. To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. 9. To establish and maintain offices. 10. To purchase and maintain insurance and bonds. 11. To borrow, accept or contract for services of personnel, including employees of a compacting state. 12. To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the compact, and determine their qualifications and to establish the commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel. 13. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, use and dispose of the same. The commission shall strive to avoid any appearance of impropriety. 14. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed. The commission shall strive to avoid any appearance of impropriety. 15. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed. 16. To remit filing fees to compacting states as may be set forth in the bylaws, rules or operating procedures. 17. To enforce compliance by compacting states with rules, uniform standards, operating procedures and bylaws. 18. To provide for dispute resolution among compacting states. 19. To advise compacting states on issues relating to insurers domiciled or doing business in noncompacting jurisdictions, consistent with the purposes of the compact. 20. To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments. 21. To establish a budget and make expenditures. 22. To borrow money. 23. To appoint committees, including advisory committees comprising members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives and other interested persons as may be designated in the bylaws. 24. To provide and receive information from, and to cooperate with, law enforcement agencies. 25. To adopt and use a corporate seal. 26. To perform other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of the business of insurance. Article V Commission Organization A. Each compacting state shall have and be limited to one member. Each member shall be qualified to serve in that capacity pursuant to applicable law of the compacting state. Any member may be removed or suspended from office as provided by the law of the state from which the member shall be appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compacting state wherein the vacancy exists. This section does not affect the manner in which a compacting state determines the election or appointment and qualification of its own commissioner. B. Each member shall be entitled to one vote and shall have an opportunity to participate in the governance of the commission in accordance with the bylaws. Notwithstanding any provision in this compact to the contrary, no action of the commission with respect to the adoption of a uniform standard shall be effective unless two-thirds of the members vote in favor of the uniform standard. C. The commission, by a majority of the members, shall prescribe bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of the compact, including: 1. Establishing the fiscal year of the commission. 2. Providing reasonable procedures for appointing and electing members, as well as holding meetings, of the management committee. 3. Providing reasonable standards and procedures for: (a) The establishment and meetings of other committees. (b) Governing any general or specific delegation of any authority or function of the commission. 4. Providing reasonable procedures for calling and conducting meetings of the commission that consist of a majority of commission members, ensuring reasonable advance notice of each such meeting and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public's interest, the privacy of individuals and insurers' proprietary information, including trade secrets. The commission may meet in camera only after a majority of the entire membership votes to close a meeting. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed and the votes taken during the meeting. 5. Establishing the titles, duties, authority and reasonable procedures for the election of the officers of the commission. 6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the commission. 7. Adopting a code of ethics to address permissible and prohibited activities of commission members and employees. 8. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact and after the payment or reserving of all of its debts and obligations. D. The commission shall publish its bylaws in a convenient form and file a copy of the bylaws and any amendment to the bylaws with the appropriate agency or officer in each of the compacting states. E. A management committee comprising no more than fourteen members shall be established as follows: 1. One member from each of the six compacting states with the largest premium volume for individual and group annuities, life, disability income, and long-term care insurance products, determined from the records of the national association of insurance commissioners for the prior year. 2. Four members from those compacting states with at least two percent of the market based on the premium volume described in paragraph 1 of this subsection, other than the six compacting states with the largest premium volume, selected on a rotating basis as provided in the bylaws. 3. Four members from those compacting states with less than two percent of the market, based on the premium volume described in paragraph 1 of this subsection, with one selected from each of the four zone regions of the national association of insurance commissioners as provided in the bylaws. F. The management committee shall have such authority and duties as may be set forth in the bylaws, including: 1. Managing the affairs of the commission in a manner consistent with the bylaws and purposes of the commission. 2. Establishing and overseeing an organizational structure within, and appropriate procedures for, the commission to provide for the creation of uniform standards and other rules, the receipt and review of product filings, administrative and technical support functions, the review of decisions regarding the disapproval of a product filing and the review of elections made by a compacting state to opt out of a uniform standard. However, a uniform standard shall not be submitted to the compacting states for adoption unless approved by two-thirds of the members of the management committee. 3. Overseeing the offices of the commission. 4. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the commission. G. The commission shall elect annually officers from the management committee, with each having such authority and duties, as may be specified in the bylaws. H. The management committee, subject to the approval of the commission, may appoint or retain an executive director for such period, on such terms and conditions and for such compensation as the commission may deem appropriate. The executive director shall serve as secretary to the commission, but shall not be a member of the commission. The executive director shall hire and supervise other staff as may be authorized by the commission. I. A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the commission, including the management committee. However, the manner of selection and term of any legislative committee member shall be as set forth in the bylaws. Before the adoption by the commission of any uniform standard, revision to the bylaws, annual budget or other significant matter as may be provided in the bylaws, the management committee shall consult with and report to the legislative committee. J. The commission shall establish two advisory committees, one of which shall comprise consumer representatives independent of the insurance industry, and the other comprising insurance industry representatives. K. The commission may establish additional advisory committees as its bylaws may provide for the carrying out of its functions. L. The commission shall maintain its corporate books and records in accordance with the bylaws. M. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. This subsection does not protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of that person. N. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. This subsection does not prohibit that person from retaining the person's own counsel. Also, the actual or alleged act, error or omission may not have resulted from that person's intentional or wilful and wanton misconduct. O. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. However, the actual or alleged act, error or omission may not have resulted from the intentional or wilful and wanton misconduct of that person. Article VI Commission Meeting and Acts A. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. B. Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication. C. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. Article VII Rules and Operating Procedures, Rulemaking Functions and Opting Out of Uniform Standards A. The commission shall adopt reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the purposes of this compact. If the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, the action by the commission shall be invalid and have no force and effect. B. Rules and operating procedures shall be made pursuant to a rulemaking process that conforms to the model state administrative procedure act of 1981 as amended, as may be appropriate to the operations of the commission. Before the commission adopts a uniform standard, the commission shall give written notice to the relevant state legislative committees in each compacting state responsible for insurance issues of its intention to adopt the uniform standard. The commission in adopting a uniform standard shall consider fully all submitted materials and issue a concise explanation of its decision. C. A uniform standard shall become effective ninety days after its adoption by the commission or such later date as the commission may determine. A compacting state may opt out of a uniform standard as provided in this article. "Opt out" means any action by a compacting state to decline to adopt or participate in an adopted uniform standard. All other rules and operating procedures, and amendments thereto, shall become effective as of the date specified in each rule, operating procedure or amendment. D. A compacting state may opt out of a uniform standard, either by legislation or rule adopted by the insurance department under the compacting state's administrative procedure act. If a compacting state elects to opt out of a uniform standard by rule, it must: 1. Give written notice to the commission no later than ten business days after the uniform standard is adopted, or at the time the state becomes a compacting state. 2. Find that the uniform standard does not provide reasonable protections to the citizens of the state, given the conditions in the state. E. The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state that warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the state. The commissioner must consider and balance the following factors and find that the conditions in the state and needs of the citizens of the state outweigh both: 1. The intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the products subject to this compact. 2. The presumption that a uniform standard adopted by the commission provides reasonable protections to consumers of the relevant product. F. A compacting state, at the time of its enactment of the compact, may prospectively opt out of all uniform standards involving long-term care insurance products by expressly providing for such opt out in the enacted compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any state to participate in the compact. Such an opt out shall be effective at the time of enactment of the compact by the compacting state and shall apply to all existing uniform standards involving long-term care insurance products and those subsequently adopted. Pursuant to this subsection, this state opts out of all uniform standards involving long-term care insurance products. G. If a compacting state elects to opt out of a uniform standard, the uniform standard shall remain applicable in the compacting state electing to opt out until the opt out legislation is enacted into law or the regulation opting out becomes effective. Once the opt out of a uniform standard by a compacting state becomes effective as provided under the laws of that state, the uniform standard shall have no further force and effect in that state unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of that state. If a compacting state opts out of a uniform standard after the uniform standard has been made effective in that state, the opt out shall have the same prospective effect as provided under article XIV of this compact for withdrawals. H. If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and while the regulatory opt out is pending, the compacting state may petition the commission, at least fifteen days before the effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the commission, the stay or extension thereof may postpone the effective date by up to ninety days, unless affirmatively extended by the commission. However, a stay may not be permitted to remain in effect for more than one year unless the compacting state can show extraordinary circumstances that warrant a continuance of the stay, including, the existence of a legal challenge that prevents the compacting state from opting out. A stay may be terminated by the commission on notice that the rulemaking process has been terminated. I. Not later than thirty days after a rule or operating procedure is adopted, any person may file a petition for judicial review of the rule or operating procedure. However, the filing of such a petition shall not stay or otherwise prevent the rule or operating procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the commission consistent with applicable law and shall not find the rule or operating procedure to be unlawful if the rule or operating procedure represents a reasonable exercise of the commission's authority. Article VIII Commission Records and Enforcement A. The commission shall adopt rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and records involving the privacy of individuals and insurers' trade secrets. The commission may adopt additional rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. B. Except as to privileged records, data and information, the laws of any compacting state pertaining to confidentiality or nondisclosure shall not relieve any compacting state commissioner of the duty to disclose any relevant records, data or information to the commission. Disclosure to the commission does not waive or otherwise affect any confidentiality requirement. Except as otherwise expressly provided in this compact, the commission shall not be subject to the compacting state's laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the commission shall remain confidential after the information is provided to any commissioner. C. The commission shall monitor compacting states for compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The commission shall notify any noncomplying compacting state in writing of its noncompliance with commission bylaws, rules or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance within the time specified in the notice of noncompliance, the compacting state shall be deemed to be in default as set forth in article XIV of this compact. D. The commissioner of any state in which an insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise the commissioner's authority to oversee the market regulation of the activities of the insurer in accordance with the provisions of the state's law. The commissioner's enforcement of compliance with the compact is governed by the following provisions: 1. With respect to the commissioner's market regulation of a product or advertisement that is approved or certified to the commission, the content of the product or advertisement shall not constitute a violation of the provisions, standards or requirements of the compact except on a final order of the commission, issued at the request of a commissioner after prior notice to the insurer and an opportunity for hearing before the commission. 2. Before a commissioner may bring an action for violation of any provision, standard or requirement of the compact relating to the content of an advertisement not approved or certified to the commission, the commission, or an authorized commission officer or employee, must authorize the action. Authorization under this paragraph does not require notice to the insurer, opportunity for hearing or disclosure of requests for authorization or records of the commission's action on such requests. Article IX Dispute Resolution On the request of a member, the commission shall attempt to resolve any disputes or other issues that are subject to this compact and that may arise between two or more compacting states, or between compacting states and noncompacting states, and the commission shall adopt an operating procedure providing for resolution of such disputes. Article X Product Filing and Approval A. Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. This compact does not restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the states where filed. B. The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. The commission shall adopt rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing such rules, the commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information. C. Any product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business. Article XI Review of Commission Decisions Regarding Filings A. Not later than thirty days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing the review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with article III, subsection D of this compact. B. The commission shall have authority to monitor, review and reconsider products and advertisement subsequent to their filing or approval on a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection A of this article. Article XII Finance A. The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the national association of insurance commissioners, compacting states and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the commission concerning the performance of its duties shall not be compromised. B. The commission shall collect a filing fee from each insurer and third-party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget. C. The commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in article VII of this compact. D. The commission shall be exempt from all taxation in and by the compacting states. E. The commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state. F. The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. On the determination of the commission, but no less frequently than every three years, the review of the independent auditor shall include a management and performance audit of the commission. The commission shall make an annual report to the governor and legislature of the compacting states, which shall include a report of the independent audit. The commission's internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state on request. Any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential. G. A compacting state does not have any claim to or ownership of any property held by or vested in the commission or to any commission funds held under this compact. Article XIII Compacting States, Effective Date and Amendment A. Any state is eligible to become a compacting state. B. The compact shall become effective and binding on legislative enactment of the compact into law by two compacting states. The commission shall become effective for purposes of adopting uniform standards for, reviewing and giving approval or disapproval of products filed with the commission that satisfy applicable uniform standards only after twenty-six states are compacting states or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the national association of insurance commissioners for the prior year. Thereafter, it shall become effective and binding as to any other compacting state on enactment of the compact into law by that state. C. Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment does not become effective and binding on the commission and the compacting states unless and until all compacting states enact the amendment into law. Article XIV Withdrawal, Default and Termination A. Once effective, the compact shall continue in force and remain binding on each and every compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. B. The effective date of withdrawal is the effective date of the repealing statute. The withdrawal shall not apply to any product filings approved or self-certified, or any advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the commission and the withdrawing state unless the approval is rescinded by the withdrawing state as provided in subsection E of this article. C. The commissioner of the withdrawing state shall immediately notify the management committee in writing on the introduction of legislation repealing the compact in the withdrawing state. D. The commission shall notify the other compacting states of the introduction of such legislation within ten days after its receipt of notice thereof. E. The withdrawing state is responsible for all obligations, duties and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the commission and the withdrawing state. The commission's approval of products and advertisement before the effective date of withdrawal shall continue to be effective and be given full force and effect in the withdrawing state, unless formally rescinded by the withdrawing state in the same manner as provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously approved under state law. F. Reinstatement following withdrawal of any compacting state shall occur on the effective date of the withdrawing state reenacting the compact. G. If the commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under the compact, the bylaws or adopted rules or operating procedures, after notice and hearing as set forth in the bylaws, all rights, privileges and benefits conferred by the compact on the defaulting state shall be suspended from the effective date of default as fixed by the commission. The grounds for default include failure of a compacting state to perform its obligations or responsibilities and any other grounds designated in commission rules. The commission shall immediately notify the defaulting state in writing of the defaulting state's suspension pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact and all rights, privileges and benefits conferred by the compact shall be terminated from the effective date of termination. H. Product approvals by the commission or product self-certifications, or any advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the defaulting state in the same manner as if the defaulting state had withdrawn voluntarily under this article. I. Reinstatement following termination of any compacting state requires a reenactment of the compact. J. The compact dissolves effective on the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. On the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws. Article XV Binding Effect of Compact and Other Laws A. The compact does not prevent the enforcement of any other law of a compacting state, except as provided in subsection B of this article. B. For any product approved or certified to the commission, the rules, uniform standards and any other requirements of the commission shall constitute the exclusive provisions applicable to the content, approval and certification of such products. For advertisement that is subject to the commission's authority, any rule, uniform standard or other requirement of the commission that governs the content of the advertisement shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. No action taken by the commission shall abrogate or restrict any of the following: 1. The access of any person to state courts. 2. Remedies available under state law related to breach of contract, tort or other laws not specifically directed to the content of the product. 3. State law relating to the construction of insurance contracts. 4. The authority of the attorney general of the state, including maintaining any actions or proceedings, as authorized by law. C. All insurance products filed with individual states shall be subject to the laws of those states. D. All lawful actions of the commission, including all rules and operating procedures adopted by the commission, are binding on the compacting states. E. All agreements between the commission and the compacting states are binding in accordance with their terms. F. On the request of a party to a conflict over the meaning or interpretation of commission actions, and on a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute. G. If any provision of the compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by that provision on the commission shall be ineffective as to that compacting state, and those obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time the compact becomes effective. Article XVI Severability and Construction A. If any provision of this compact or its application to any person or circumstance is held invalid, the remainder of the compact or the application of the provision to other persons or circumstances is not affected. B. This compact shall be liberally construed to effectuate its purposes. END_STATUTE Sec. 12. Section 44-282, Arizona Revised Statutes, is amended to read: START_STATUTE44-282. Licensing of sales finance companies required; penalty A. A person shall not engage in the business of a sales finance company in this state without a sales finance company license as provided in this article. A motor vehicle dealer shall not sell or transfer any contract to a person in this state not licensed under the terms of this chapter. B. The application for a license shall be in writing, under oath and in the form prescribed by the administrator. The application shall contain the name of the applicant, the date of incorporation if incorporated, the address where the business is or is to be conducted and similar information as to any branch office of the applicant, the name and resident address of the owners or partners or, if a corporation or association, of the directors, trustees and principal officers, and such other pertinent information the administrator may require. C. The license fee for a sales finance company is the fee prescribed in section 6-126. D. To coincide with the licensing of motor vehicle dealers pursuant to title 28, chapter 10, the administrator may issue a sales finance company license pursuant to this article with staggered continuation renewal dates to distribute the continuation renewal workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license continuation renewal system, the administrator may issue a license for more or less than a twelve-month period, but not more than eighteen months, and may prorate the license fee. E. A licensee shall submit its renewal application and applicable renewal fees to the department of insurance and financial institutions on or before the license continuation date December 31 of each year. For the purposes of renewal, the license continuation date is as follows: 1. If the licensee is also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the initial licensing department, either the department of transportation or the department of insurance and financial institutions. 2. If the licensee is not also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the department of insurance and financial institutions. F. A penalty of $25 per day shall be assessed against any licensee for each day after the license continuation renewal date that the licensee's renewal application and fee are not received by the department of insurance and financial institutions. Licenses not renewed within thirty days after their license continuation renewal date expire. G. A license shall be obtained for each separate place of business at or from which a licensee transacts business. Each license shall specify the location of the office or branch and must be conspicuously displayed there. If such location is changed, the administrator shall endorse the change of location on the license on the payment of the fee prescribed in section 6-126, subsection A. H. On the filing of the application and the payment of the required fee, the administrator shall issue a license to the applicant to engage in the business of a sales finance company under and in accordance with this article. All licenses issued under this article shall remain in full force and effect until surrendered, revoked, suspended or canceled by failure to renew under this article. A licensee shall not transact any business provided for by this article without using the license name or other assumed name or trade name that is submitted to the department pursuant to section 6-117. I. A license is not transferable or assignable and control of a licensee may not be acquired through a stock purchase or any other device without the prior written consent of the administrator. Written consent shall not be given if the administrator finds that any of the grounds for denial, revocation or suspension of a license as set forth in section 44-283 are applicable to the acquiring person. For the purposes of this subsection, "control" means the power to vote more than twenty percent of the outstanding voting shares of a licensed corporation, partnership, association or trust. J. A person doing business under the laws of this state or the United States as a bank, savings bank, savings and loan association or credit union is exempt from the licensing requirements of this section but shall comply with all other requirements of this chapter, except that affiliates of banks, savings banks, savings and loan associations or credit unions shall comply with this section. For the purposes of this subsection, "affiliate" means an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. END_STATUTE Sec. 13. License renewal date December 31, 2025; retroactivity A. A holder of a current, active license that was issued by the department of insurance and financial institutions pursuant to sections 6-604, 6-707, 6-815 and 6-1305, Arizona Revised Statutes, as amended by this act, and that is subject to renewal by either June 30, 2025 or September 30, 2025 does not have to renew that license until December 31, 2025. B. A holder of a current, active sales finance company license pursuant to section 44-282, Arizona Revised Statutes, as amended by this act, does not have to renew the sales finance company license until December 31, 2025. C. Sections 6-604, 6-707, 6-815, 6-1305 and 44-282, Arizona Revised Statutes, as amended by this act, apply retroactively to from and after December 31, 2024. |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Section 6-604, Arizona Revised Statutes, is amended to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE6-604. Issuance of license; license year; renewal; expiration; requirements |
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| 76 | 87 | | |
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| 77 | 88 | | A. If the deputy director finds no grounds for denial of a license, within one hundred twenty days after receiving a complete application, the deputy director shall grant the application and issue a license to the applicant. |
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| 78 | 89 | | |
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| 79 | 90 | | B. The license year for a licensee begins on July January 1 and ends on June 30 December 31 of each year. A license that is issued pursuant to this chapter remains active until the license expires or the director suspends, revokes or terminates the license. |
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| 80 | 91 | | |
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| 81 | 92 | | C. A licensee shall apply for renewal as prescribed by the deputy director and pay the renewal fee prescribed in section 6-126 not later than June 30 December 31 of each year. For each day after June 30 December 31 that the renewal application is not received by the deputy director, the applicant shall pay a $25 late fee in addition to the fee prescribed in section 6-126. If the deputy director does not receive the licensee's renewal application and fee on or before June 30 December 31, the licensee may not act as a consumer lender until the license is renewed or a new license is issued pursuant to this article. If the deputy director does not receive the licensee's renewal application and fee on or before July January 31, the license automatically expires. The holder of an expired license may not be issued a renewal license but may be issued a new license as provided in this article. |
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| 82 | 93 | | |
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| 83 | 94 | | D. A license remains the property of this state. On termination at the request of the licensee or revocation by the deputy director, the licensee shall immediately deliver the license to the deputy director. Termination of the license does not affect any other liability of the licensee. |
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| 84 | 95 | | |
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| 85 | 96 | | E. The licensee shall designate the principal location of the licensed office within or outside this state. If a licensee wishes to maintain more than one office location the licensee shall first obtain a branch office license for each branch office from the deputy director. The licensee shall submit an application in the form prescribed by the deputy director and pay the fee prescribed in section 6-126 for each branch office license. If the deputy director determines that the applicant is qualified, the deputy director shall issue a branch office license indicating the address of the branch office. |
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| 86 | 97 | | |
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| 87 | 98 | | F. A licensee shall prominently display the consumer lender license in the office of the consumer lender and any branch office license in that branch office. END_STATUTE |
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| 88 | 99 | | |
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| 89 | 100 | | Sec. 2. Section 6-707, Arizona Revised Statutes, is amended to read: |
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| 90 | 101 | | |
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| 91 | 102 | | START_STATUTE6-707. Issuance of license; display; renewal |
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| 92 | 103 | | |
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| 93 | 104 | | A. On the filing of the application and the payment of the fees and the approval of the bond, or bonds, the deputy director shall investigate the facts, and if the deputy director finds that the financial responsibility and experience of the applicant are such as to command the confidence of the community to warrant belief that the business will be operated fairly and honestly and within the purposes of this article, the deputy director shall issue the applicant a license to do business as a debt management company. |
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| 94 | 105 | | |
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| 95 | 106 | | B. The license shall be kept conspicuously posted in the business office of the licensee. The license is not transferable or assignable. |
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| 96 | 107 | | |
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| 97 | 108 | | C. Licenses expire on June 30 December 31 following the date of the issuance unless sooner surrendered, revoked or suspended but may be renewed by filing an application with the deputy director on or before June 30 December 31 each year. The application for renewal shall be in the form prescribed by the deputy director and shall be accompanied by the fee prescribed in section 6-126. A separate application shall be made for each initial license of a principal place of business, agency or branch office. END_STATUTE |
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| 98 | 109 | | |
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| 99 | 110 | | Sec. 3. Section 6-815, Arizona Revised Statutes, is amended to read: |
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| 100 | 111 | | |
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| 101 | 112 | | START_STATUTE6-815. Renewal of license |
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| 102 | 113 | | |
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| 103 | 114 | | A licensee shall make application for renewal as prescribed by the deputy director and pay the renewal fee prescribed in section 6-126 not later than September 30 December 31 of each year. For each day after September 30 December 31 that the renewal application is not received by the deputy director the applicant shall pay $25 in addition to the fee prescribed by section 6-126. Licenses for which renewal applications are not received by the deputy director by September 30 December 31 are suspended, and the licensee shall not act as an escrow agent until the license is renewed or a new license is issued pursuant to this article. A license of a licensee that has not filed its renewal application and paid the renewal fee by October January 31 expires. A license shall not be granted to the holder of an expired license except as provided in this article for the issuance of an original license. END_STATUTE |
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| 104 | 115 | | |
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| 105 | 116 | | Sec. 4. Section 6-1203, Arizona Revised Statutes, is amended to read: |
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| 106 | 117 | | |
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| 107 | 118 | | START_STATUTE6-1203. Implementation; fees |
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| 108 | 119 | | |
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| 109 | 120 | | A. To implement this article, the director may: |
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| 110 | 121 | | |
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| 111 | 122 | | 1. Enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures, providing for licensure by reciprocity and sharing resources, records or related information obtained under this article. |
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| 112 | 123 | | |
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| 113 | 124 | | 2. Use, hire, contract for or employ analytical systems, methods or software to examine or investigate any person subject to this article. |
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| 114 | 125 | | |
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| 115 | 126 | | 3. Accept the following from other state or federal government agencies or officials: |
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| 116 | 127 | | |
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| 117 | 128 | | (a) Licensing, examination or investigation reports made by other state or federal government agencies or officials. |
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| 118 | 129 | | |
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| 119 | 130 | | (b) Audit reports made by an independent certified public accountant or other qualified third-party auditor for an applicant or licensee and incorporate the audit report in any report of examination or investigation. |
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| 120 | 131 | | |
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| 121 | 132 | | B. The director shall administer, interpret and enforce this article and may adopt rules to implement this article. The director may impose fees to administer and enforce this article.END_STATUTE |
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| 122 | 133 | | |
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| 123 | 134 | | Sec. 5. Section 6-1305, Arizona Revised Statutes, is amended to read: |
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| 124 | 135 | | |
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| 125 | 136 | | START_STATUTE6-1305. Registration; renewal; reporting requirements |
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| 126 | 137 | | |
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| 127 | 138 | | A. The deputy director shall register the applicant as an advance fee loan broker when an applicant has fully complied with this chapter and the rules prescribed by the deputy director. |
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| 128 | 139 | | |
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| 129 | 140 | | B. The deputy director shall immediately notify the applicant on registering the applicant as an advance fee loan broker. |
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| 130 | 141 | | |
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| 131 | 142 | | C. A registered advance fee loan broker shall apply for renewal as prescribed by the deputy director not later than June 30 December 31 of each year. A registration for which a renewal application is not received by the deputy director by June 30 December 31 is suspended and the registered advance fee loan broker may not act as an advance fee loan broker until the registration is renewed or a new registration is issued pursuant to this article. The registration of an advance fee loan broker that has not filed a renewal application and paid the renewal fee by July January 31 expires. A registration may not be granted to the holder of an expired registration except as provided in this article for the issuance of an original registration. |
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| 132 | 143 | | |
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| 133 | 144 | | D. An advance fee loan broker may annually renew the broker's registration by filing a supplemental statement showing any changes in the facts set forth in the original application for registration or any previously filed supplemental statement made at the time of annual renewal. |
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| 134 | 145 | | |
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| 135 | 146 | | E. An advance fee loan broker shall file a supplemental statement showing any changes in the facts set forth in the original application or in any supplemental statement made at the time of annual renewal within thirty days after a change in any material fact. END_STATUTE |
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| 136 | 147 | | |
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| 137 | 148 | | Sec. 6. Section 20-108.01, Arizona Revised Statutes, is amended to read: |
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| 138 | 149 | | |
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| 139 | 150 | | START_STATUTE20-108.01. Extended warranty insurers; deposit with state treasurer; powers and duties; definition |
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| 140 | 151 | | |
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| 141 | 152 | | A. Every extended warranty insurer shall deposit with the state treasurer and maintain on deposit for the benefit and protection of any person purchasing such extended warranty or guaranty in the event of insolvency of the extended warranty insurer under its contract with any such person either of the following: |
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| 142 | 153 | | |
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| 143 | 154 | | 1. A bond in the amount of $25,000 issued by an insurance company holding a current certificate of authority issued by the director. |
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| 144 | 155 | | |
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| 145 | 156 | | 2. Eligible securities as defined in section 20-583 having the lesser of par or market value of not less than $25,000. |
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| 146 | 157 | | |
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| 147 | 158 | | B. The director shall may adopt rules and regulations to enforce this section. |
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| 148 | 159 | | |
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| 149 | 160 | | C. For the purposes of this section, "extended warranty insurer" has the same meaning prescribed in section 20-108. END_STATUTE |
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| 150 | 161 | | |
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| 151 | 162 | | Sec. 7. Section 20-211, Arizona Revised Statutes, is amended to read: |
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| 152 | 163 | | |
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| 153 | 164 | | START_STATUTE20-211. Surplus required |
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| 154 | 165 | | |
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| 155 | 166 | | A. In addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, as required by sections 20-210 and 20-212 as to all stock insurers and foreign and alien mutual and reciprocal insurers, by sections 20-768 and 20-212 as to domestic reciprocal insurers, and section 20-711, subsection B and section 20-212 as to domestic mutual insurers, except as stated in subsection C of this section, any foreign or alien insurer, any title insurer, and any domestic insurer shall possess at the time of original authorization in this state initial free surplus as stated in section 20-210, and shall maintain free surplus funds in an amount of not less than one-half such initial free surplus. No other insurer shall be so initially authorized in this state unless it then possesses surplus of not less than initial free surplus as stated in section 20-210, in addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, otherwise required. |
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| 156 | 167 | | |
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| 157 | 168 | | B. In addition to the minimum required capital stock if the insurer is a stock insurer or in addition to the minimum required basic surplus if the insurer is a mutual or reciprocal insurer under this article and chapter 4, article 1 of this title, a domestic, foreign or alien insurer shall possess and maintain any additional free surplus that the director may require based on the type, volume or nature of its business as a necessary condition to avoid rendering its transaction of insurance hazardous to its policyholders or the people of this state. The director shall may adopt rules to implement the provisions of this subsection. |
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| 158 | 169 | | |
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| 159 | 170 | | C. Subsection A of this section shall does not apply to a domestic mutual insurer which that qualifies upon on the basis of applications for insurance as provided in section 20-711, nor or to reinsurers which that qualify pursuant to chapter 4, article 10 of this title and which that do not within such five year period transact any kind of insurance in addition to that for which initially authorized. END_STATUTE |
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| 160 | 171 | | |
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| 161 | 172 | | Sec. 8. Section 20-235, Arizona Revised Statutes, is amended to read: |
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| 162 | 173 | | |
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| 163 | 174 | | START_STATUTE20-235. Insurers; financial disclosure; requirements |
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| 164 | 175 | | |
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| 165 | 176 | | A. The director shall may adopt rules which require each insurer licensed to write property or casualty insurance in this state to report its loss and expense experience, investment income, administrative expenses and other data, as he may require, for classes of risks which he may designate. Such reports shall be in addition to the annual statement required by section 20-223. |
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| 166 | 177 | | |
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| 167 | 178 | | B. The department may designate one or more rate service organizations or advisory organizations to gather and compile the experience and data. |
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| 168 | 179 | | |
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| 169 | 180 | | C. The director by order may require an insurer authorized to transact insurance in this state to submit statistical and other financial data including the information prescribed in subsection A of this section in a form and content consistent with rules adopted pursuant to subsection A, with any model guideline, regulation, rule or act adopted by the national association of insurance commissioners or with the classification basis used by the insurer. The director shall prescribe the time period and form in which the data shall be submitted. |
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| 170 | 181 | | |
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| 171 | 182 | | D. An insurer who fails to provide the information required under subsection C of this section is subject to payment of a late fee of not more than one hundred dollars for each day of delinquency. The director shall notify an insurer of late fees that it will incur as a result of noncompliance with this section at least ten days prior to the date any such late fees become due. END_STATUTE |
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| 172 | 183 | | |
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| 173 | 184 | | Sec. 9. Section 20-2414, Arizona Revised Statutes, is amended to read: |
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| 174 | 185 | | |
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| 175 | 186 | | START_STATUTE20-2414. Annual report |
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| 176 | 187 | | |
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| 177 | 188 | | A. Beginning on or before December 31, 2017, The director shall annually report the following information to the president of the senate and the speaker of the house of representatives: |
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| 178 | 189 | | |
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| 179 | 190 | | 1. The number of risk retention groups licensed in this state since August 6, 2016. |
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| 180 | 191 | | |
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| 181 | 192 | | 2. Any regulatory action taken by the director against a risk retention group licensed in this state for noncompliance with section 20-2402. |
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| 182 | 193 | | |
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| 183 | 194 | | 3. The total number of private passenger automobile insurance policies: |
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| 184 | 195 | | |
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| 185 | 196 | | (a) That were nonrenewed during the previous calendar year pursuant to sections 20-1631 and 20-1632. |
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| 186 | 197 | | |
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| 187 | 198 | | (b) In force in this state as of the end of the previous calendar year. |
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| 188 | 199 | | |
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| 189 | 200 | | (c) In force within this state's automobile assigned risk plan as of the end of the previous calendar year. |
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| 190 | 201 | | |
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| 191 | 202 | | B. The director may provide the report required by subsection A of this section in an electronic format. END_STATUTE |
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| 192 | 203 | | |
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| 193 | 204 | | Sec. 10. Section 20-2904, Arizona Revised Statutes, is amended to read: |
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| 194 | 205 | | |
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| 195 | 206 | | START_STATUTE20-2904. Continuing education; contractor requirements; automatic approval |
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| 196 | 207 | | |
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| 197 | 208 | | A. Pursuant to title 41, chapter 23, the director shall enter into a contract with a person for the approval of approved providers and courses and administration of the continuing education program. The director shall include in any request for proposals the minimum performance standards established by the continuing education review committee. |
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| 198 | 209 | | |
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| 199 | 210 | | B. The contractor shall: |
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| 200 | 211 | | |
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| 201 | 212 | | 1. After a complete review and investigation based on the minimum standards established by the continuing education review committee: |
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| 202 | 213 | | |
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| 203 | 214 | | (a) 1. Accept or reject provider organizations as approved providers. |
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| 204 | 215 | | |
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| 205 | 216 | | (b) 2. Except as provided in subsection C of this section, review course content for approval or disapproval as an approved continuing education course. |
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| 206 | 217 | | |
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| 207 | 218 | | 2. 3. Charge an applicant an application fee for acceptance as an approved provider and a fee for approval of a continuing education course. |
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| 208 | 219 | | |
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| 209 | 220 | | C. A continuing education course is automatically approved if either: |
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| 210 | 221 | | |
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| 211 | 222 | | 1. Thirty days after the contractor receives an application, the contractor does not disapprove the course described in the application or does not request supplemental information from the applicant. |
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| 212 | 223 | | |
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| 213 | 224 | | 2. The course is approved by the insurance regulatory authority in at least five other states and the approved provider provides the contractor with a certificate or letter from the regulatory authority in the five other states that confirms the approval of the course. |
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| 214 | 225 | | |
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| 215 | 226 | | D. The contractor's decision pursuant to subsection B, paragraph 1, subdivision (b) 2 of this section is an appealable agency action as defined in section 41-1092 and the approved provider is entitled to a hearing pursuant to title 41, chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, is entitled to judicial review pursuant to title 12, chapter 7, article 6. |
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| 216 | 227 | | |
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| 217 | 228 | | E. Except as provided in section 20-2903, the acceptance of an approved provider is valid for five years. At the end of the five years, the approved provider may submit an application for renewal to the contractor and the contractor shall charge the approved provider the fee prescribed in subsection B of this section. The approval of a continuing education course is valid for two years or until the course content or outline changes. At the end of the two years or when the course content or outline changes, the approved provider may submit an application for renewal to the contractor and the contractor shall charge the approved provider the fee prescribed in subsection B of this section. END_STATUTE |
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| 218 | 229 | | |
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| 219 | 230 | | Sec. 11. Section 20-3251, Arizona Revised Statutes, is amended to read: |
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| 220 | 231 | | |
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| 221 | 232 | | START_STATUTE20-3251. Interstate insurance product regulation compact |
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| 222 | 233 | | |
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| 223 | 234 | | The interstate insurance product regulation compact is enacted into law as follows: |
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| 224 | 235 | | |
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| 225 | 236 | | Article I |
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| 226 | 237 | | |
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| 227 | 238 | | Purpose |
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| 228 | 239 | | |
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| 229 | 240 | | Under the terms and conditions of this compact, this state seeks to join with other states and establish the interstate insurance product regulation compact and thus become a member of the interstate insurance product regulation commission. The director is hereby designated to serve as the representative of this state to the commission. The purposes of the compact are, through means of joint and cooperative action among the compacting states: |
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| 230 | 241 | | |
|---|
| 231 | 242 | | 1. To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products. |
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| 232 | 243 | | |
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| 233 | 244 | | 2. To develop uniform standards for insurance products covered under the compact. |
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| 234 | 245 | | |
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| 235 | 246 | | 3. To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, related advertisements, submitted by insurers authorized to do business in one or more compacting states. |
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| 236 | 247 | | |
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| 237 | 248 | | 4. To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard. |
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| 238 | 249 | | |
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| 239 | 250 | | 5. To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the compact. |
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| 240 | 251 | | |
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| 241 | 252 | | 6. To create the interstate insurance product regulation commission. |
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| 242 | 253 | | |
|---|
| 243 | 254 | | 7. To perform these and other related functions as may be consistent with the state regulation of the business of insurance. |
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| 244 | 255 | | |
|---|
| 245 | 256 | | Article II |
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| 246 | 257 | | |
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| 247 | 258 | | Definitions |
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| 248 | 259 | | |
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| 249 | 260 | | In this compact, unless the context otherwise requires: |
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| 250 | 261 | | |
|---|
| 251 | 262 | | 1. "Advertisement" means any material designed to create public interest in a product or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy, as more specifically defined in the rules and operating procedures of the commission. |
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| 252 | 263 | | |
|---|
| 253 | 264 | | 2. "Bylaws" means those bylaws established by the commission for its governance or for directing or controlling the commission's actions or conduct. |
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| 254 | 265 | | |
|---|
| 255 | 266 | | 3. "Commission" means the interstate insurance product regulation commission established by this compact. |
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| 256 | 267 | | |
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| 257 | 268 | | 4. "Commissioner" means the insurance director or the chief insurance regulatory official of a state including commissioner, deputy director, director or administrator. |
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| 258 | 269 | | |
|---|
| 259 | 270 | | 5. "Compact" means the interstate insurance product regulation compact. |
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| 260 | 271 | | |
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| 261 | 272 | | 6. "Compacting state" means any state that has enacted the compact and that has not withdrawn or been terminated under article XIV of this compact. |
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| 262 | 273 | | |
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| 263 | 274 | | 7. "Insurer" means any entity licensed by a state to issue contracts of insurance for any of the lines of insurance covered by the compact. |
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| 264 | 275 | | |
|---|
| 265 | 276 | | 8. "Member" means the person chosen by a compacting state as its representative to the commission or the person's designee. |
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| 266 | 277 | | |
|---|
| 267 | 278 | | 9. "Noncompacting state" means any state that is not at the time a compacting state. |
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| 268 | 279 | | |
|---|
| 269 | 280 | | 10. "Operating procedures" means procedures adopted by the commission implementing a rule, uniform standard or compact provision. |
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| 270 | 281 | | |
|---|
| 271 | 282 | | 11. "Product" means the form of a policy or contract, including any application, endorsement or related form that is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income or long-term care insurance product that an insurer is authorized to issue. |
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| 272 | 283 | | |
|---|
| 273 | 284 | | 12. "Rule" means a statement of general or particular applicability and future effect that is adopted by the commission, including a uniform standard developed pursuant to article VII of this compact, and that is designed to implement, interpret or prescribe law or policy or describes the organization, procedure or practice requirements of the commission, which shall have the force and effect of law in the compacting states. |
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| 274 | 285 | | |
|---|
| 275 | 286 | | 13. "State" means any state, district or territory of the United States. |
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| 276 | 287 | | |
|---|
| 277 | 288 | | 14. "Third-party filer" means an entity that submits a product filing to the commission on behalf of an insurer. |
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| 278 | 289 | | |
|---|
| 279 | 290 | | 15. "Uniform standard" means a standard adopted by the commission for a product line pursuant to article VII of this compact and includes all of the product requirements in aggregate. Each uniform standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading or ambiguous provisions in a product and the form of the product made available to the public shall not be unfair, inequitable or against public policy as determined by the commission. |
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| 280 | 291 | | |
|---|
| 281 | 292 | | Article III |
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| 282 | 293 | | |
|---|
| 283 | 294 | | Commission Establishment and Venue |
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| 284 | 295 | | |
|---|
| 285 | 296 | | A. The compacting states hereby create and establish a joint public agency known as the interstate insurance product regulation commission. Under article IV of this compact, the commission has the power to develop uniform standards for product lines, receive and provide prompt review of products filed with the commission and give approval to those product filings satisfying applicable uniform standards. It is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. This section does not prohibit any insurer from filing its product in any state wherein the insurer is licensed to conduct the business of insurance. Any filing is subject to the laws of the state where filed. |
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| 286 | 297 | | |
|---|
| 287 | 298 | | B. The commission is a body corporate and politic, and an instrumentality of the compacting states. |
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| 288 | 299 | | |
|---|
| 289 | 300 | | C. The commission is solely responsible for its liabilities except as otherwise specifically provided in this compact. |
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| 290 | 301 | | |
|---|
| 291 | 302 | | D. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. |
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| 292 | 303 | | |
|---|
| 293 | 304 | | Article IV |
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| 294 | 305 | | |
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| 295 | 306 | | Commission Powers |
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| 296 | 307 | | |
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| 297 | 308 | | The commission has the following powers: |
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| 298 | 309 | | |
|---|
| 299 | 310 | | 1. To adopt rules pursuant to article VII of this compact that shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the compact. |
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| 300 | 311 | | |
|---|
| 301 | 312 | | 2. To exercise its rulemaking authority and establish reasonable uniform standards for products covered under the compact, and advertisement related thereto, which shall have the force and effect of law and shall be binding in the compacting states, but only for those products filed with the commission. A compacting state shall have the right to opt out of the uniform standard pursuant to article VII of this compact, to the extent and in the manner provided in this compact. Any uniform standard established by the commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the national association of insurance commissioners' long-term care insurance model act and long-term care insurance model regulation, respectively, adopted as of 2001. The commission shall consider whether any subsequent amendments to the long-term care insurance model act or long-term care insurance model regulation adopted by the national association of insurance commissioners require amending of the uniform standards established by the commission for long-term care insurance products. |
|---|
| 302 | 313 | | |
|---|
| 303 | 314 | | 3. To receive and review in an expeditious manner products filed with the commission, and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the applicable uniform standard, where such approval shall have the force and effect of law and be binding on the compacting states to the extent and in the manner provided in the compact. |
|---|
| 304 | 315 | | |
|---|
| 305 | 316 | | 4. To receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the commission, and give approval to all advertisement that satisfies the applicable uniform standard. For any product covered under this compact, other than long-term care insurance products, the commission shall have the authority to require an insurer to submit all or any part of its advertisement with respect to that product for review or approval before use if the commission determines that the nature of the product is such that an advertisement of the product could have the capacity or tendency to mislead the public. The actions of the commission as provided in this section shall have the force and effect of law and shall be binding in the compacting states to the extent and in the manner provided in the compact. |
|---|
| 306 | 317 | | |
|---|
| 307 | 318 | | 5. To exercise its rulemaking authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the commission. |
|---|
| 308 | 319 | | |
|---|
| 309 | 320 | | 6. To adopt operating procedures pursuant to article VII of this compact that shall be binding in the compacting states to the extent and in the manner provided in the compact. |
|---|
| 310 | 321 | | |
|---|
| 311 | 322 | | 7. To bring and prosecute legal proceedings or actions in its name as the commission. The standing of any state insurance department to sue or be sued under applicable law shall not be affected. |
|---|
| 312 | 323 | | |
|---|
| 313 | 324 | | 8. To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. |
|---|
| 314 | 325 | | |
|---|
| 315 | 326 | | 9. To establish and maintain offices. |
|---|
| 316 | 327 | | |
|---|
| 317 | 328 | | 10. To purchase and maintain insurance and bonds. |
|---|
| 318 | 329 | | |
|---|
| 319 | 330 | | 11. To borrow, accept or contract for services of personnel, including employees of a compacting state. |
|---|
| 320 | 331 | | |
|---|
| 321 | 332 | | 12. To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the compact, and determine their qualifications and to establish the commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel. |
|---|
| 322 | 333 | | |
|---|
| 323 | 334 | | 13. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, use and dispose of the same. The commission shall strive to avoid any appearance of impropriety. |
|---|
| 324 | 335 | | |
|---|
| 325 | 336 | | 14. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed. The commission shall strive to avoid any appearance of impropriety. |
|---|
| 326 | 337 | | |
|---|
| 327 | 338 | | 15. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed. |
|---|
| 328 | 339 | | |
|---|
| 329 | 340 | | 16. To remit filing fees to compacting states as may be set forth in the bylaws, rules or operating procedures. |
|---|
| 330 | 341 | | |
|---|
| 331 | 342 | | 17. To enforce compliance by compacting states with rules, uniform standards, operating procedures and bylaws. |
|---|
| 332 | 343 | | |
|---|
| 333 | 344 | | 18. To provide for dispute resolution among compacting states. |
|---|
| 334 | 345 | | |
|---|
| 335 | 346 | | 19. To advise compacting states on issues relating to insurers domiciled or doing business in noncompacting jurisdictions, consistent with the purposes of the compact. |
|---|
| 336 | 347 | | |
|---|
| 337 | 348 | | 20. To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments. |
|---|
| 338 | 349 | | |
|---|
| 339 | 350 | | 21. To establish a budget and make expenditures. |
|---|
| 340 | 351 | | |
|---|
| 341 | 352 | | 22. To borrow money. |
|---|
| 342 | 353 | | |
|---|
| 343 | 354 | | 23. To appoint committees, including advisory committees comprising members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives and other interested persons as may be designated in the bylaws. |
|---|
| 344 | 355 | | |
|---|
| 345 | 356 | | 24. To provide and receive information from, and to cooperate with, law enforcement agencies. |
|---|
| 346 | 357 | | |
|---|
| 347 | 358 | | 25. To adopt and use a corporate seal. |
|---|
| 348 | 359 | | |
|---|
| 349 | 360 | | 26. To perform other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of the business of insurance. |
|---|
| 350 | 361 | | |
|---|
| 351 | 362 | | Article V |
|---|
| 352 | 363 | | |
|---|
| 353 | 364 | | Commission Organization |
|---|
| 354 | 365 | | |
|---|
| 355 | 366 | | A. Each compacting state shall have and be limited to one member. Each member shall be qualified to serve in that capacity pursuant to applicable law of the compacting state. Any member may be removed or suspended from office as provided by the law of the state from which the member shall be appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compacting state wherein the vacancy exists. This section does not affect the manner in which a compacting state determines the election or appointment and qualification of its own commissioner. |
|---|
| 356 | 367 | | |
|---|
| 357 | 368 | | B. Each member shall be entitled to one vote and shall have an opportunity to participate in the governance of the commission in accordance with the bylaws. Notwithstanding any provision in this compact to the contrary, no action of the commission with respect to the adoption of a uniform standard shall be effective unless two-thirds of the members vote in favor of the uniform standard. |
|---|
| 358 | 369 | | |
|---|
| 359 | 370 | | C. The commission, by a majority of the members, shall prescribe bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of the compact, including: |
|---|
| 360 | 371 | | |
|---|
| 361 | 372 | | 1. Establishing the fiscal year of the commission. |
|---|
| 362 | 373 | | |
|---|
| 363 | 374 | | 2. Providing reasonable procedures for appointing and electing members, as well as holding meetings, of the management committee. |
|---|
| 364 | 375 | | |
|---|
| 365 | 376 | | 3. Providing reasonable standards and procedures for: |
|---|
| 366 | 377 | | |
|---|
| 367 | 378 | | (a) The establishment and meetings of other committees. |
|---|
| 368 | 379 | | |
|---|
| 369 | 380 | | (b) Governing any general or specific delegation of any authority or function of the commission. |
|---|
| 370 | 381 | | |
|---|
| 371 | 382 | | 4. Providing reasonable procedures for calling and conducting meetings of the commission that consist of a majority of commission members, ensuring reasonable advance notice of each such meeting and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public's interest, the privacy of individuals and insurers' proprietary information, including trade secrets. The commission may meet in camera only after a majority of the entire membership votes to close a meeting. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed and the votes taken during the meeting. |
|---|
| 372 | 383 | | |
|---|
| 373 | 384 | | 5. Establishing the titles, duties, authority and reasonable procedures for the election of the officers of the commission. |
|---|
| 374 | 385 | | |
|---|
| 375 | 386 | | 6. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the commission. |
|---|
| 376 | 387 | | |
|---|
| 377 | 388 | | 7. Adopting a code of ethics to address permissible and prohibited activities of commission members and employees. |
|---|
| 378 | 389 | | |
|---|
| 379 | 390 | | 8. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact and after the payment or reserving of all of its debts and obligations. |
|---|
| 380 | 391 | | |
|---|
| 381 | 392 | | D. The commission shall publish its bylaws in a convenient form and file a copy of the bylaws and any amendment to the bylaws with the appropriate agency or officer in each of the compacting states. |
|---|
| 382 | 393 | | |
|---|
| 383 | 394 | | E. A management committee comprising no more than fourteen members shall be established as follows: |
|---|
| 384 | 395 | | |
|---|
| 385 | 396 | | 1. One member from each of the six compacting states with the largest premium volume for individual and group annuities, life, disability income, and long-term care insurance products, determined from the records of the national association of insurance commissioners for the prior year. |
|---|
| 386 | 397 | | |
|---|
| 387 | 398 | | 2. Four members from those compacting states with at least two percent of the market based on the premium volume described in paragraph 1 of this subsection, other than the six compacting states with the largest premium volume, selected on a rotating basis as provided in the bylaws. |
|---|
| 388 | 399 | | |
|---|
| 389 | 400 | | 3. Four members from those compacting states with less than two percent of the market, based on the premium volume described in paragraph 1 of this subsection, with one selected from each of the four zone regions of the national association of insurance commissioners as provided in the bylaws. |
|---|
| 390 | 401 | | |
|---|
| 391 | 402 | | F. The management committee shall have such authority and duties as may be set forth in the bylaws, including: |
|---|
| 392 | 403 | | |
|---|
| 393 | 404 | | 1. Managing the affairs of the commission in a manner consistent with the bylaws and purposes of the commission. |
|---|
| 394 | 405 | | |
|---|
| 395 | 406 | | 2. Establishing and overseeing an organizational structure within, and appropriate procedures for, the commission to provide for the creation of uniform standards and other rules, the receipt and review of product filings, administrative and technical support functions, the review of decisions regarding the disapproval of a product filing and the review of elections made by a compacting state to opt out of a uniform standard. However, a uniform standard shall not be submitted to the compacting states for adoption unless approved by two-thirds of the members of the management committee. |
|---|
| 396 | 407 | | |
|---|
| 397 | 408 | | 3. Overseeing the offices of the commission. |
|---|
| 398 | 409 | | |
|---|
| 399 | 410 | | 4. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the commission. |
|---|
| 400 | 411 | | |
|---|
| 401 | 412 | | G. The commission shall elect annually officers from the management committee, with each having such authority and duties, as may be specified in the bylaws. |
|---|
| 402 | 413 | | |
|---|
| 403 | 414 | | H. The management committee, subject to the approval of the commission, may appoint or retain an executive director for such period, on such terms and conditions and for such compensation as the commission may deem appropriate. The executive director shall serve as secretary to the commission, but shall not be a member of the commission. The executive director shall hire and supervise other staff as may be authorized by the commission. |
|---|
| 404 | 415 | | |
|---|
| 405 | 416 | | I. A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the commission, including the management committee. However, the manner of selection and term of any legislative committee member shall be as set forth in the bylaws. Before the adoption by the commission of any uniform standard, revision to the bylaws, annual budget or other significant matter as may be provided in the bylaws, the management committee shall consult with and report to the legislative committee. |
|---|
| 406 | 417 | | |
|---|
| 407 | 418 | | J. The commission shall establish two advisory committees, one of which shall comprise consumer representatives independent of the insurance industry, and the other comprising insurance industry representatives. |
|---|
| 408 | 419 | | |
|---|
| 409 | 420 | | K. The commission may establish additional advisory committees as its bylaws may provide for the carrying out of its functions. |
|---|
| 410 | 421 | | |
|---|
| 411 | 422 | | L. The commission shall maintain its corporate books and records in accordance with the bylaws. |
|---|
| 412 | 423 | | |
|---|
| 413 | 424 | | M. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. This subsection does not protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of that person. |
|---|
| 414 | 425 | | |
|---|
| 415 | 426 | | N. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. This subsection does not prohibit that person from retaining the person's own counsel. Also, the actual or alleged act, error or omission may not have resulted from that person's intentional or wilful and wanton misconduct. |
|---|
| 416 | 427 | | |
|---|
| 417 | 428 | | O. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. However, the actual or alleged act, error or omission may not have resulted from the intentional or wilful and wanton misconduct of that person. |
|---|
| 418 | 429 | | |
|---|
| 419 | 430 | | Article VI |
|---|
| 420 | 431 | | |
|---|
| 421 | 432 | | Commission Meeting and Acts |
|---|
| 422 | 433 | | |
|---|
| 423 | 434 | | A. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. |
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| 424 | 435 | | |
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| 425 | 436 | | B. Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication. |
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| 426 | 437 | | |
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| 427 | 438 | | C. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. |
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| 428 | 439 | | |
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| 429 | 440 | | Article VII |
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| 430 | 441 | | |
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| 431 | 442 | | Rules and Operating Procedures, Rulemaking Functions |
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| 432 | 443 | | |
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| 433 | 444 | | and Opting Out of Uniform Standards |
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| 434 | 445 | | |
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| 435 | 446 | | A. The commission shall adopt reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the purposes of this compact. If the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, the action by the commission shall be invalid and have no force and effect. |
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| 436 | 447 | | |
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| 437 | 448 | | B. Rules and operating procedures shall be made pursuant to a rulemaking process that conforms to the model state administrative procedure act of 1981 as amended, as may be appropriate to the operations of the commission. Before the commission adopts a uniform standard, the commission shall give written notice to the relevant state legislative committees in each compacting state responsible for insurance issues of its intention to adopt the uniform standard. The commission in adopting a uniform standard shall consider fully all submitted materials and issue a concise explanation of its decision. |
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| 438 | 449 | | |
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| 439 | 450 | | C. A uniform standard shall become effective ninety days after its adoption by the commission or such later date as the commission may determine. A compacting state may opt out of a uniform standard as provided in this article. "Opt out" means any action by a compacting state to decline to adopt or participate in an adopted uniform standard. All other rules and operating procedures, and amendments thereto, shall become effective as of the date specified in each rule, operating procedure or amendment. |
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| 440 | 451 | | |
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| 441 | 452 | | D. A compacting state may opt out of a uniform standard, either by legislation or rule adopted by the insurance department under the compacting state's administrative procedure act. If a compacting state elects to opt out of a uniform standard by rule, it must: |
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| 442 | 453 | | |
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| 443 | 454 | | 1. Give written notice to the commission no later than ten business days after the uniform standard is adopted, or at the time the state becomes a compacting state. |
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| 444 | 455 | | |
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| 445 | 456 | | 2. Find that the uniform standard does not provide reasonable protections to the citizens of the state, given the conditions in the state. |
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| 446 | 457 | | |
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| 447 | 458 | | E. The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the state that warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the state. The commissioner must consider and balance the following factors and find that the conditions in the state and needs of the citizens of the state outweigh both: |
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| 448 | 459 | | |
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| 449 | 460 | | 1. The intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the products subject to this compact. |
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| 450 | 461 | | |
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| 451 | 462 | | 2. The presumption that a uniform standard adopted by the commission provides reasonable protections to consumers of the relevant product. |
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| 452 | 463 | | |
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| 453 | 464 | | F. A compacting state, at the time of its enactment of the compact, may prospectively opt out of all uniform standards involving long-term care insurance products by expressly providing for such opt out in the enacted compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any state to participate in the compact. Such an opt out shall be effective at the time of enactment of the compact by the compacting state and shall apply to all existing uniform standards involving long-term care insurance products and those subsequently adopted. Pursuant to this subsection, this state opts out of all uniform standards involving long-term care insurance products. |
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| 454 | 465 | | |
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| 455 | 466 | | G. If a compacting state elects to opt out of a uniform standard, the uniform standard shall remain applicable in the compacting state electing to opt out until the opt out legislation is enacted into law or the regulation opting out becomes effective. Once the opt out of a uniform standard by a compacting state becomes effective as provided under the laws of that state, the uniform standard shall have no further force and effect in that state unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of that state. If a compacting state opts out of a uniform standard after the uniform standard has been made effective in that state, the opt out shall have the same prospective effect as provided under article XIV of this compact for withdrawals. |
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| 456 | 467 | | |
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| 457 | 468 | | H. If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and while the regulatory opt out is pending, the compacting state may petition the commission, at least fifteen days before the effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the commission, the stay or extension thereof may postpone the effective date by up to ninety days, unless affirmatively extended by the commission. However, a stay may not be permitted to remain in effect for more than one year unless the compacting state can show extraordinary circumstances that warrant a continuance of the stay, including, the existence of a legal challenge that prevents the compacting state from opting out. A stay may be terminated by the commission on notice that the rulemaking process has been terminated. |
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| 458 | 469 | | |
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| 459 | 470 | | I. Not later than thirty days after a rule or operating procedure is adopted, any person may file a petition for judicial review of the rule or operating procedure. However, the filing of such a petition shall not stay or otherwise prevent the rule or operating procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the commission consistent with applicable law and shall not find the rule or operating procedure to be unlawful if the rule or operating procedure represents a reasonable exercise of the commission's authority. |
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| 460 | 471 | | |
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| 461 | 472 | | Article VIII |
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| 462 | 473 | | |
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| 463 | 474 | | Commission Records and Enforcement |
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| 464 | 475 | | |
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| 465 | 476 | | A. The commission shall adopt rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and records involving the privacy of individuals and insurers' trade secrets. The commission may adopt additional rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. |
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| 466 | 477 | | |
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| 467 | 478 | | B. Except as to privileged records, data and information, the laws of any compacting state pertaining to confidentiality or nondisclosure shall not relieve any compacting state commissioner of the duty to disclose any relevant records, data or information to the commission. Disclosure to the commission does not waive or otherwise affect any confidentiality requirement. Except as otherwise expressly provided in this compact, the commission shall not be subject to the compacting state's laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the commission shall remain confidential after the information is provided to any commissioner. |
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| 468 | 479 | | |
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| 469 | 480 | | C. The commission shall monitor compacting states for compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The commission shall notify any noncomplying compacting state in writing of its noncompliance with commission bylaws, rules or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance within the time specified in the notice of noncompliance, the compacting state shall be deemed to be in default as set forth in article XIV of this compact. |
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| 470 | 481 | | |
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| 471 | 482 | | D. The commissioner of any state in which an insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise the commissioner's authority to oversee the market regulation of the activities of the insurer in accordance with the provisions of the state's law. The commissioner's enforcement of compliance with the compact is governed by the following provisions: |
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| 472 | 483 | | |
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| 473 | 484 | | 1. With respect to the commissioner's market regulation of a product or advertisement that is approved or certified to the commission, the content of the product or advertisement shall not constitute a violation of the provisions, standards or requirements of the compact except on a final order of the commission, issued at the request of a commissioner after prior notice to the insurer and an opportunity for hearing before the commission. |
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| 474 | 485 | | |
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| 475 | 486 | | 2. Before a commissioner may bring an action for violation of any provision, standard or requirement of the compact relating to the content of an advertisement not approved or certified to the commission, the commission, or an authorized commission officer or employee, must authorize the action. Authorization under this paragraph does not require notice to the insurer, opportunity for hearing or disclosure of requests for authorization or records of the commission's action on such requests. |
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| 476 | 487 | | |
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| 477 | 488 | | Article IX |
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| 478 | 489 | | |
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| 479 | 490 | | Dispute Resolution |
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| 480 | 491 | | |
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| 481 | 492 | | On the request of a member, the commission shall attempt to resolve any disputes or other issues that are subject to this compact and that may arise between two or more compacting states, or between compacting states and noncompacting states, and the commission shall adopt an operating procedure providing for resolution of such disputes. |
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| 482 | 493 | | |
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| 483 | 494 | | Article X |
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| 484 | 495 | | |
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| 485 | 496 | | Product Filing and Approval |
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| 486 | 497 | | |
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| 487 | 498 | | A. Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. This compact does not restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the states where filed. |
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| 488 | 499 | | |
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| 489 | 500 | | B. The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. The commission shall adopt rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing such rules, the commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information. |
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| 490 | 501 | | |
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| 491 | 502 | | C. Any product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business. |
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| 492 | 503 | | |
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| 493 | 504 | | Article XI |
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| 494 | 505 | | |
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| 495 | 506 | | Review of Commission Decisions Regarding Filings |
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| 496 | 507 | | |
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| 497 | 508 | | A. Not later than thirty days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing the review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with article III, subsection D of this compact. |
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| 498 | 509 | | |
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| 499 | 510 | | B. The commission shall have authority to monitor, review and reconsider products and advertisement subsequent to their filing or approval on a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection A of this article. |
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| 500 | 511 | | |
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| 501 | 512 | | Article XII |
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| 502 | 513 | | |
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| 503 | 514 | | Finance |
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| 504 | 515 | | |
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| 505 | 516 | | A. The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the national association of insurance commissioners, compacting states and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the commission concerning the performance of its duties shall not be compromised. |
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| 506 | 517 | | |
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| 507 | 518 | | B. The commission shall collect a filing fee from each insurer and third-party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget. |
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| 508 | 519 | | |
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| 509 | 520 | | C. The commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in article VII of this compact. |
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| 510 | 521 | | |
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| 511 | 522 | | D. The commission shall be exempt from all taxation in and by the compacting states. |
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| 512 | 523 | | |
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| 513 | 524 | | E. The commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state. |
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| 514 | 525 | | |
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| 515 | 526 | | F. The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. On the determination of the commission, but no less frequently than every three years, the review of the independent auditor shall include a management and performance audit of the commission. The commission shall make an annual report to the governor and legislature of the compacting states, which shall include a report of the independent audit. The commission's internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state on request. Any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential. |
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| 516 | 527 | | |
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| 517 | 528 | | G. A compacting state does not have any claim to or ownership of any property held by or vested in the commission or to any commission funds held under this compact. |
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| 518 | 529 | | |
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| 519 | 530 | | Article XIII |
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| 520 | 531 | | |
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| 521 | 532 | | Compacting States, Effective Date and Amendment |
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| 522 | 533 | | |
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| 523 | 534 | | A. Any state is eligible to become a compacting state. |
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| 524 | 535 | | |
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| 525 | 536 | | B. The compact shall become effective and binding on legislative enactment of the compact into law by two compacting states. The commission shall become effective for purposes of adopting uniform standards for, reviewing and giving approval or disapproval of products filed with the commission that satisfy applicable uniform standards only after twenty-six states are compacting states or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the national association of insurance commissioners for the prior year. Thereafter, it shall become effective and binding as to any other compacting state on enactment of the compact into law by that state. |
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| 526 | 537 | | |
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| 527 | 538 | | C. Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment does not become effective and binding on the commission and the compacting states unless and until all compacting states enact the amendment into law. |
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| 528 | 539 | | |
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| 529 | 540 | | Article XIV |
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| 530 | 541 | | |
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| 531 | 542 | | Withdrawal, Default and Termination |
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| 532 | 543 | | |
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| 533 | 544 | | A. Once effective, the compact shall continue in force and remain binding on each and every compacting state. A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law. |
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| 534 | 545 | | |
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| 535 | 546 | | B. The effective date of withdrawal is the effective date of the repealing statute. The withdrawal shall not apply to any product filings approved or self-certified, or any advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the commission and the withdrawing state unless the approval is rescinded by the withdrawing state as provided in subsection E of this article. |
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| 536 | 547 | | |
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| 537 | 548 | | C. The commissioner of the withdrawing state shall immediately notify the management committee in writing on the introduction of legislation repealing the compact in the withdrawing state. |
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| 538 | 549 | | |
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| 539 | 550 | | D. The commission shall notify the other compacting states of the introduction of such legislation within ten days after its receipt of notice thereof. |
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| 540 | 551 | | |
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| 541 | 552 | | E. The withdrawing state is responsible for all obligations, duties and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the commission and the withdrawing state. The commission's approval of products and advertisement before the effective date of withdrawal shall continue to be effective and be given full force and effect in the withdrawing state, unless formally rescinded by the withdrawing state in the same manner as provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously approved under state law. |
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| 542 | 553 | | |
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| 543 | 554 | | F. Reinstatement following withdrawal of any compacting state shall occur on the effective date of the withdrawing state reenacting the compact. |
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| 544 | 555 | | |
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| 545 | 556 | | G. If the commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under the compact, the bylaws or adopted rules or operating procedures, after notice and hearing as set forth in the bylaws, all rights, privileges and benefits conferred by the compact on the defaulting state shall be suspended from the effective date of default as fixed by the commission. The grounds for default include failure of a compacting state to perform its obligations or responsibilities and any other grounds designated in commission rules. The commission shall immediately notify the defaulting state in writing of the defaulting state's suspension pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact and all rights, privileges and benefits conferred by the compact shall be terminated from the effective date of termination. |
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| 546 | 557 | | |
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| 547 | 558 | | H. Product approvals by the commission or product self-certifications, or any advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the defaulting state in the same manner as if the defaulting state had withdrawn voluntarily under this article. |
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| 548 | 559 | | |
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| 549 | 560 | | I. Reinstatement following termination of any compacting state requires a reenactment of the compact. |
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| 550 | 561 | | |
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| 551 | 562 | | J. The compact dissolves effective on the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state. On the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws. |
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| 552 | 563 | | |
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| 553 | 564 | | Article XV |
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| 554 | 565 | | |
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| 555 | 566 | | Binding Effect of Compact and Other Laws |
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| 556 | 567 | | |
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| 557 | 568 | | A. The compact does not prevent the enforcement of any other law of a compacting state, except as provided in subsection B of this article. |
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| 558 | 569 | | |
|---|
| 559 | 570 | | B. For any product approved or certified to the commission, the rules, uniform standards and any other requirements of the commission shall constitute the exclusive provisions applicable to the content, approval and certification of such products. For advertisement that is subject to the commission's authority, any rule, uniform standard or other requirement of the commission that governs the content of the advertisement shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. No action taken by the commission shall abrogate or restrict any of the following: |
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| 560 | 571 | | |
|---|
| 561 | 572 | | 1. The access of any person to state courts. |
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| 562 | 573 | | |
|---|
| 563 | 574 | | 2. Remedies available under state law related to breach of contract, tort or other laws not specifically directed to the content of the product. |
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| 564 | 575 | | |
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| 565 | 576 | | 3. State law relating to the construction of insurance contracts. |
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| 566 | 577 | | |
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| 567 | 578 | | 4. The authority of the attorney general of the state, including maintaining any actions or proceedings, as authorized by law. |
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| 568 | 579 | | |
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| 569 | 580 | | C. All insurance products filed with individual states shall be subject to the laws of those states. |
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| 570 | 581 | | |
|---|
| 571 | 582 | | D. All lawful actions of the commission, including all rules and operating procedures adopted by the commission, are binding on the compacting states. |
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| 572 | 583 | | |
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| 573 | 584 | | E. All agreements between the commission and the compacting states are binding in accordance with their terms. |
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| 574 | 585 | | |
|---|
| 575 | 586 | | F. On the request of a party to a conflict over the meaning or interpretation of commission actions, and on a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute. |
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| 576 | 587 | | |
|---|
| 577 | 588 | | G. If any provision of the compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by that provision on the commission shall be ineffective as to that compacting state, and those obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time the compact becomes effective. |
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| 578 | 589 | | |
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| 579 | 590 | | Article XVI |
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| 580 | 591 | | |
|---|
| 581 | 592 | | Severability and Construction |
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| 582 | 593 | | |
|---|
| 583 | 594 | | A. If any provision of this compact or its application to any person or circumstance is held invalid, the remainder of the compact or the application of the provision to other persons or circumstances is not affected. |
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| 584 | 595 | | |
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| 585 | 596 | | B. This compact shall be liberally construed to effectuate its purposes. END_STATUTE |
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| 586 | 597 | | |
|---|
| 587 | 598 | | Sec. 12. Section 44-282, Arizona Revised Statutes, is amended to read: |
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| 588 | 599 | | |
|---|
| 589 | 600 | | START_STATUTE44-282. Licensing of sales finance companies required; penalty |
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| 590 | 601 | | |
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| 591 | 602 | | A. A person shall not engage in the business of a sales finance company in this state without a sales finance company license as provided in this article. A motor vehicle dealer shall not sell or transfer any contract to a person in this state not licensed under the terms of this chapter. |
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| 592 | 603 | | |
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| 593 | 604 | | B. The application for a license shall be in writing, under oath and in the form prescribed by the administrator. The application shall contain the name of the applicant, the date of incorporation if incorporated, the address where the business is or is to be conducted and similar information as to any branch office of the applicant, the name and resident address of the owners or partners or, if a corporation or association, of the directors, trustees and principal officers, and such other pertinent information the administrator may require. |
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| 594 | 605 | | |
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| 595 | 606 | | C. The license fee for a sales finance company is the fee prescribed in section 6-126. |
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| 596 | 607 | | |
|---|
| 597 | 608 | | D. To coincide with the licensing of motor vehicle dealers pursuant to title 28, chapter 10, the administrator may issue a sales finance company license pursuant to this article with staggered continuation renewal dates to distribute the continuation renewal workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license continuation renewal system, the administrator may issue a license for more or less than a twelve-month period, but not more than eighteen months, and may prorate the license fee. |
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| 598 | 609 | | |
|---|
| 599 | 610 | | E. A licensee shall submit its renewal application and applicable renewal fees to the department of insurance and financial institutions on or before the license continuation date December 31 of each year. For the purposes of renewal, the license continuation date is as follows: |
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| 600 | 611 | | |
|---|
| 601 | 612 | | 1. If the licensee is also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the initial licensing department, either the department of transportation or the department of insurance and financial institutions. |
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| 602 | 613 | | |
|---|
| 603 | 614 | | 2. If the licensee is not also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the department of insurance and financial institutions. |
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| 604 | 615 | | |
|---|
| 605 | 616 | | F. A penalty of $25 per day shall be assessed against any licensee for each day after the license continuation renewal date that the licensee's renewal application and fee are not received by the department of insurance and financial institutions. Licenses not renewed within thirty days after their license continuation renewal date expire. |
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| 606 | 617 | | |
|---|
| 607 | 618 | | G. A license shall be obtained for each separate place of business at or from which a licensee transacts business. Each license shall specify the location of the office or branch and must be conspicuously displayed there. If such location is changed, the administrator shall endorse the change of location on the license on the payment of the fee prescribed in section 6-126, subsection A. |
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| 608 | 619 | | |
|---|
| 609 | 620 | | H. On the filing of the application and the payment of the required fee, the administrator shall issue a license to the applicant to engage in the business of a sales finance company under and in accordance with this article. All licenses issued under this article shall remain in full force and effect until surrendered, revoked, suspended or canceled by failure to renew under this article. A licensee shall not transact any business provided for by this article without using the license name or other assumed name or trade name that is submitted to the department pursuant to section 6-117. |
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| 610 | 621 | | |
|---|
| 611 | 622 | | I. A license is not transferable or assignable and control of a licensee may not be acquired through a stock purchase or any other device without the prior written consent of the administrator. Written consent shall not be given if the administrator finds that any of the grounds for denial, revocation or suspension of a license as set forth in section 44-283 are applicable to the acquiring person. For the purposes of this subsection, "control" means the power to vote more than twenty percent of the outstanding voting shares of a licensed corporation, partnership, association or trust. |
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| 612 | 623 | | |
|---|
| 613 | 624 | | J. A person doing business under the laws of this state or the United States as a bank, savings bank, savings and loan association or credit union is exempt from the licensing requirements of this section but shall comply with all other requirements of this chapter, except that affiliates of banks, savings banks, savings and loan associations or credit unions shall comply with this section. For the purposes of this subsection, "affiliate" means an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. END_STATUTE |
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| 614 | 625 | | |
|---|
| 615 | 626 | | Sec. 13. License renewal date December 31, 2025; retroactivity |
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| 616 | 627 | | |
|---|
| 617 | 628 | | A. A holder of a current, active license that was issued by the department of insurance and financial institutions pursuant to sections 6-604, 6-707, 6-815 and 6-1305, Arizona Revised Statutes, as amended by this act, and that is subject to renewal by either June 30, 2025 or September 30, 2025 does not have to renew that license until December 31, 2025. |
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| 618 | 629 | | |
|---|
| 619 | 630 | | B. A holder of a current, active sales finance company license pursuant to section 44-282, Arizona Revised Statutes, as amended by this act, does not have to renew the sales finance company license until December 31, 2025. |
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| 620 | 631 | | |
|---|
| 621 | 632 | | C. Sections 6-604, 6-707, 6-815, 6-1305 and 44-282, Arizona Revised Statutes, as amended by this act, apply retroactively to from and after December 31, 2024. |
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