HOUSE BILL No. 5901

 

September 13, 2012, Introduced by Rep. Lyons and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending section 1204 (MCL 500.1204), as amended by 2008 PA 576.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1204. (1) A To be licensed as an insurance producer, a

 

resident individual applying for an insurance producer license

 

shall must pass a written examination unless exempt pursuant to

 

under section 1206b.

 

     (2) Within a reasonable time after receipt of a properly

 

completed application for an examination under this section, the

 

commissioner shall subject give the applicant to a written

 

examination. An However, the applicant shall not be given an the

 

examination unless the applicant has completed a program of study

 


registered with the commissioner pursuant to under section 1204a.

 

An applicant shall file a certificate of completion of the

 

registered program of study with the commissioner on a form

 

prescribed by the commissioner indicating that the course of study

 

was completed by the applicant not more than 12 months before the

 

application for examination is received by the commissioner. The

 

commissioner may waive the applicable examination or program of

 

study requirements of this section for a person an applicant who

 

meets any of the following requirements:

 

     (a) Applies The applicant applies for a limited license as

 

designated by the commissioner.

 

     (b) Has The applicant has been a licensed insurance producer

 

within the preceding 12 months.

 

     (c) Has The applicant has obtained the chartered property and

 

casualty underwriter designation, the chartered life underwriter

 

designation, certified insurance counselor designation, accredited

 

advisor in insurance designation, the chartered financial

 

consultant designation, the certified employee benefit specialist

 

designation, the certified financial planner designation, the

 

fellow life management institute designation, the life underwriting

 

training council fellow designation, the registered health

 

underwriter designation, the registered employee benefits

 

consultant designation, the health insurance associate designation,

 

or the associate in risk management designation.

 

     (d) Has The applicant has an associate's, bachelor's, or

 

master's degree with a concentration in insurance from an

 

institution approved by the commissioner.

 


     (3) The examination under this section shall be entry level

 

and shall test the knowledge of the individual concerning the

 

qualifications for which application is made, the duties and

 

responsibilities of an insurance producer, and the insurance laws

 

and regulations of this state. Examinations required by this

 

section shall be developed and conducted as prescribed by the

 

commissioner.

 

     (4) The commissioner may make arrangements, including

 

contracting with an outside testing service, for administering

 

examinations under this section and collecting the nonrefundable

 

fee in section 240(1)(h) or (4).

 

     (5) Each individual applying for an examination under this

 

section shall remit a nonrefundable fee as prescribed in section

 

240(1)(h) or (4).

 

     (6) An individual who fails to appear for the examination

 

required under this section as scheduled or fails to pass the

 

examination shall must reapply for an examination and remit all

 

required examination fees and forms to be rescheduled for another

 

examination.

 

     (7) The producer licensing examination under this section

 

shall be fair and entry level and shall not discriminate on any

 

prohibited basis. The examination shall have a targeted pass rate

 

of 70%. If the pass rate of the examination for any calendar year

 

is less than the targeted rate, the commissioner shall review the

 

examination for form and substance and assure that it is fair,

 

tests entry level knowledge, and conforms to the American

 

psychological association's standards on testing. By the first

 


quarter of the following calendar year, the commissioner shall

 

report to the legislature the result of the review and any

 

corrective changes he or she has made to the examination.