ENROLLED ACT No. 273 2022 Regular Session HOUSE BILL NO. 545 BY REPRESENTATIVE WRIGHT 1 AN ACT 2 To amend and reenact R.S. 22:821(B)(29), 1551(A) and (B), the heading of Subpart B of 3 Part I of Chapter 5 of Title 22 of the Louisiana Revised Statutes of 1950, R.S. 4 22:1573(B), 1574(A)(4),1581(B)(1), 1808.2(C)(6) and (E), and 1808.6(A) and (B) 5 and to repeal R.S. 22:513(B)(6), 1545(C), 1546(A)(4), 1571, 1808.2(C)(1) through 6 (5), and 1808.3(A)(4), relative to prelicensing requirements for insurance producers 7 and bail enforcement agents; to repeal the prelicensing requirement for certain 8 persons; to provide for an effective date; and to provide for related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 22:821(B)(29), 1551(A) and (B), the heading of Subpart B of Part 11 I of Chapter 5 of Title 22 of the Louisiana Revised Statutes of 1950, R.S. 22:1573(B), 12 1574(A)(4),1581(B)(1), 1808.2(C)(6) and (E), and 1808.6(A) and (B) are hereby amended 13 and reenacted to read as follows: 14 §821. Fees 15 * * * 16 B. The commissioner shall collect the following fees in advance: 17 * * * 18 (29)For prelicensing or continuing education. 19 * * * Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 545 ENROLLED 1 §1551. Exemption from examination 2 A. An individual who applies for an insurance producer license in this state 3 who was previously licensed for the same lines of authority in another state shall not 4 be required to complete any prelicensing education or an examination. This 5 exemption is available only if the person is currently licensed in that state or if the 6 application is received within ninety days of the cancellation of the applicant's 7 previous license and if the prior state issues a certification that, at the time of 8 cancellation, the applicant was in good standing in that state or the state's Producer 9 Database records, maintained by the National Association of Insurance 10 Commissioners, its affiliates or subsidiaries, indicate that the producer is or was 11 licensed in good standing for the line of authority requested. 12 B. A person licensed as an insurance producer in another state who moves 13 to this state shall make application within ninety days of establishing legal residence 14 to become a resident licensee pursuant to R.S. 22:1546. No prelicensing education 15 or examination shall be required of that person to obtain any line of authority 16 previously held in the prior state except where the commissioner of insurance 17 determines otherwise by regulation. 18 * * * 19 SUBPART B. PRELICENSE AND CONTINUING EDUCATION EDUCATIONAL 20 PROGRAMS 21 §1573. Continuing education requirements 22 * * * 23 B. The commissioner shall promulgate rules and regulations setting forth 24 guidelines and requirements for the content and conduct of continuing education 25 programs and for the procedure for approval of a continuing education program. The 26 commissioner shall also promulgate rules and regulations specifying the 27 qualifications which each instructor in an approved continuing education program 28 shall possess. All such rules and regulations promulgated by the commissioner shall 29 be promulgated pursuant to the provisions of the Administrative Procedure Act. The Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 545 ENROLLED 1 continuing education program shall be conducted by one of the entities set forth in 2 R.S. 22:1571(C) following: 3 (1) An insurance trade organization. 4 (2) An insurance company admitted to do business in Louisiana. 5 (3) An accredited public or private college or university. 6 (4) An organization recommended by and certified by the commissioner. 7 * * * 8 §1574. Bail Bond Apprentice Program 9 A.(1) 10 * * * 11 (4) Apprentices shall complete the registered insurance producer and bail 12 bond producer prelicensing program as provided for in R.S. 22:1571 eight hours of 13 instruction in applicable underwriting principles, state laws, and regulations, and 14 ethical practices before the end of the apprenticeship program. The instruction shall 15 be conducted by one of the following: 16 (a) An insurance trade association. 17 (b) An insurance company admitted to do business in Louisiana. 18 (c) An accredited public or private college or university. 19 * * * 20 §1581. Regulation of bail enforcement agents 21 * * * 22 B. The regulations adopted by the commissioner shall include provisions 23 governing: 24 (1) Prelicensing and continuing Continuing education requirements for bail 25 enforcement agents. 26 * * * 27 §1808.2. Examination 28 * * * Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 545 ENROLLED 1 C.(6) A person who already holds an insurance producer license for a line 2 of business shall be exempt from any prelicensing education and examination 3 requirements for an insurance consultant license for the same line of business. 4 * * * 5 E. The content of the examination may be outlined in the licensing 6 information handbook provided to applicants by the Department of Insurance, 7 publishers of examination study materials, any prelicensing providers, and others 8 wishing to provide this information. 9 * * * 10 §1808.6. Exemption from examination 11 A. An individual who applies for an insurance consultant license in this state 12 who was previously licensed as a resident insurance consultant for the same lines of 13 authority in another state shall not be required to complete any prelicensing 14 education or an examination. This exemption is available only if the person is 15 currently licensed in that state or if the application is received within ninety days of 16 the cancellation of the applicant's previous license and if the prior state issues a 17 certification that, at the time of cancellation, the applicant was in good standing in 18 that state or by the National Association of Insurance Commissioners, its affiliates 19 or subsidiaries, and the certification indicates that the consultant is or was licensed 20 in good standing for the line of authority requested. 21 B. A person licensed as an insurance consultant in another state who moves 22 to this state shall make application within ninety days of establishing legal residence 23 in this state to become a resident licensee pursuant to R.S. 22:1808.3. No 24 prelicensing education or examination shall be required of that person to obtain a 25 consultant license for any line of authority previously held in the prior state except 26 where the commissioner of insurance determines otherwise by regulation. 27 * * * 28 Section 2. R.S. 22:513(B)(6), 1545(C), 1546(A)(4), 1571, 1808.2(C)(1) through (5), 29 and 1808.3(A)(4) are hereby repealed in their entirety. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 545 ENROLLED 1 Section 3. This Act shall become effective upon signature by the governor or, if not 2 signed by the governor, upon expiration of the time for bills to become law without signature 3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 4 vetoed by the governor and subsequently approved by the legislature, this Act shall become 5 effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.