ENROLLED
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 222
BY REPRESENTATIVE HUVAL
A CONCURRENT RESOL UTION
To urge and request the Department of Insurance to study the need to regulate insurance
consultants and to report its findings on or before January 15, 2016.
WHEREAS, R.S. 22:12 states that no person shall transact a business of insurance
in this state without complying with the provisions of the Louisiana Insurance Code; and
WHEREAS, R.S. 22:1543 states that no person shall act as an insurance producer
unless licensed by the Department of Insurance; and
WHEREAS, R.S. 22:1543 further states that no insurance producer shall sell, solicit,
make an application for, procure, negotiate for, or place for others, any policies for any lines
of insurance as to which he is not then qualified and duly licensed in this state; and
WHEREAS, R.S. 22:1545 requires a Louisiana resident applying for an insurance
producer license to pass an examination that tests the knowledge of the individual
concerning the lines of authority for which application is made, the duties and
responsibilities of an insurance producer, and the insurance laws and regulations of this state;
and
WHEREAS, R.S. 22:1546 allows the commissioner of insurance to require the
fingerprints of all applicants for a producer's license and requires the commissioner of
insurance to conduct a criminal history record check on each applicant for a producer's
license; and
WHEREAS, R.S. 22:1554 contains a list of nineteen causes that allow the
commissioner of insurance to place on probation, suspend, revoke, or refuse to issue, renew,
or reinstate an insurance producer license; and
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WHEREAS, the requirements for a producer's license contained in the Louisiana
Insurance Code are designed to protect the citizens of Louisiana from fraud and ill-practices
in the transaction of the business of insurance; and
WHEREAS, the commissioner of insurance, pursuant to the provisions of the
Louisiana Insurance Code, regulates the licensing and conduct of insurance producers; and
WHEREAS, individuals in this state are advertising their services as insurance
consultants but are not licensed as insurance producers, are not regulated by the
commissioner of insurance, and are not otherwise subject to the provisions of the Louisiana
Insurance Code.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Department of Insurance to conduct a study on the role of insurance
consultants and recommend whether insurance consultants should be required to follow the
provisions of the Louisiana Insurance Code and be regulated by the commissioner of
insurance.
BE IT FURTHER RESOLVED that the Department of Insurance shall submit its
findings from the study in the form of a report to the House Committee on Insurance and the
Senate Committee on Insurance on or before January 15, 2016.
BE IT FURTHER RESOLVED that such a study include a review of other states to
determine how other states define the business of insurance consulting, whether other states
require the licensing of insurance consultants, and whether other states require the regulation
of insurance consultants by the commissioner of insurance.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
commissioner of insurance.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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