2005 Regular Session
By: Senator(s) Kirby
AN ACT TO AMEND SECTION 83-17-39, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM EXAMINATION APPLICANTS WHO SHALL BE LICENSED TO ACT ONLY AS A PRODUCER WITH RESPECT TO CREDIT PROPERTY INSURANCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-17-39, Mississippi Code of 1972, is amended as follows:
83-17-39. (1) Each applicant for a license to act as a producer within this state shall submit to a personal written examination to determine his competence to act as a producer and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no such written examination shall be required of:
(a) An applicant for a renewal license unless the commissioner determines that such examination is necessary to establish the competency of the applicant, or unless a license had not been effective as to such applicant within one (1) year preceding the date of filing the application;
(b) An applicant who is a ticket-selling agent of a railroad or steamship company, carrier by air, or public bus carrier who shall act as a producer or solicitor in the sale of accident insurance tickets to individuals;
(c) An applicant who shall be licensed to act only as a producer with respect to life, health and accident insurance on borrowers or debtors commonly known as credit life, health and accident insurance;
(d) In the discretion of the commissioner, an applicant whose license to do business or act as a producer in this state was suspended less than one (1) year prior to the date of application;
(e) An applicant who is an agent of a fraternal benefit society exclusively; * * *
(f) An applicant who is exempt from examination under the provisions of Section 83-17-67; and
(g) An applicant who shall be licensed to act only as a producer with respect to property insurance on borrowers or debtors commonly known as credit property insurance.
(2) The commissioner may establish rules and regulations with respect to the classification of applicants according to the type of insurance contracts to be effected by them if licensed as producers, and with respect to the scope, type and conduct of written examinations to be given pursuant to this section, and the times and places within this state for the holding of such examinations. Such rules and regulations, if established, shall classify applicants for purposes of this section as follows:
(a) Those desiring to write life insurance;
(b) Those desiring to write accident and health insurance, other than industrial accident and health insurance;
(c) Those desiring to write industrial accident and health insurance;
(d) Those desiring to write any combination of two (2) or more of the above classifications; and
(e) Those of such other classification as, in the opinion of the commissioner, are necessary or appropriate.
Examination shall be prepared and given in those subjects only which pertain to the classification or classifications which the applicant desires to write, and no applicant shall be required to take an examination on a subject or subjects pertaining to any other classification.
The rules and regulations of the commissioner, if established, shall designate textbooks, manuals and other materials to be studied by applicants in preparation for examination in each classification designated by the commissioner pursuant to this section. Such textbooks, manuals or other materials may consist of matter available to applicants by purchase from the publisher, or may consist of matter prepared at the direction of the commissioner and distributed to applicants upon request therefor and payment of the reasonable cost thereof. If textbooks, manuals or other materials shall have been designated or prepared by the commissioner pursuant to this section, all examination questions shall be prepared from the contents of such textbooks, manuals or other materials.
SECTION 2. This act shall take effect and be in force from and after its passage.