BILL NUMBER: AB 800 CHAPTERED
BILL TEXT
CHAPTER 254
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JUNE 16, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
INTRODUCED BY Assembly Member Duvall
FEBRUARY 26, 2009
An act to amend Sections 1644, 1652, 1655, 1656, 1658, 1661, 1683,
1718, 1729, 1749, 1749.3, 1749.31, 1751, 1758.3, 1758.692, 1758.7,
1758.81, 1758.92, and 12418.3 of the Insurance Code, relating to
insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 800, Duvall. Insurance omnibus.
Existing law regulates the licensing and the renewal of licensing
of insurance agents, adjusters, and brokers by specifying who is
eligible for a license and the requirements for applying for or
renewing a license.
This bill would state that a person under 18 years of age is not
eligible to apply for certain specified licenses. This bill would
require the use of electronic forms of application for certain
licenses and, except as specified would authorize the commissioner to
electronically deliver forms to renew certain licenses to licensees,
as specified. This bill would require a person applying for certain
insurance licenses to supply the commissioner with his or her e-mail
address, in addition to a mailing address, as specified.
Existing law requires applicants for certain licenses to meet
certain prelicensing education standards, as specified.
This bill would delete the prelicensing education requirement for
resident applicants who currently hold a nonresident license.
Existing law requires the commissioner to charge a fee for the
filing of an application or request for a copy of, or a duplicate
license for licenses related to disability insurance, surplus lines,
bail, life and disability analysts, and motor clubs, as specified.
This bill would delete that requirement.
Existing law requires specified persons who are licensed as
life-only agents, accident and health agents, or fire and casualty
broker agents to complete certain prelicensing and continuing
education requirements. Existing law exempts a licensee from these
requirements if the licensee submits proof satisfactory to the
Insurance Commissioner that he or she has been a licensee in good
standing for 30 continuous years in California and is 70 years of age
or older.
This bill would provide that this exemption shall not apply to
those individuals licensed for the first time on or after January 1,
2010.
Existing law requires a person licensed as a personal lines
broker-agent to complete 20 hours of continuing education during each
2-year license term, as specified.
This bill would increase that requirement to 24 hours of
continuing education.
Existing law prohibits nonresident insurance organizations from
using residents of California to exercise the powers and perform the
duties of their license in California.
This bill would delete that prohibition and allow nonresident
insurance organizations to use California residents to conduct their
business in California.
Existing law requires a life agent or applicant to take and pass a
written qualifying test before the commissioner can grant the person
authority to transact variable contracts, as specified.
This bill would delete the requirement for passing a written test
and would correct an erroneous cross-reference to federal authority.
Existing law requires a person employed as a title marketing
representative to hold a certificate of registration issued by the
insurance commissioner. Under existing law, the commissioner must
mail an application to renew a registration not less than 60 days
before a certificate of registration will expire.
This bill would authorize the commissioner to mail or use an
electronic delivery method to deliver the application, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1644 of the Insurance Code is amended to read:
1644. A person under 18 years of age is not eligible to apply for
a license pursuant to this chapter, Chapter 5A (commencing with
Section 1759), Chapter 6 (commencing with Section 1760), and Chapter
7 (commencing with Section 1800) of Part 2 of Division 1, and Chapter
1 (commencing with Section 14000) and Chapter 2 (commencing with
Section 15000) of Division 5.
SEC. 2. Section 1652 of the Insurance Code is amended to read:
1652. (a) A license under this chapter, Chapter 5A (commencing
with Section 1759), Chapter 6 (commencing with Section 1760), Chapter
7 (commencing with Section 1800), and Chapter 8 (commencing with
Section 1831), of Part 2 of Division 1, and Chapter 1 (commencing
with Section 14000) and Chapter 2 (commencing with Section 15000) of
Division 5 shall be applied for, and renewed by the filing with the
commissioner of a written application therefor. The application shall
be on a form prescribed by the commissioner, which form shall
prescribe the disclosure of information that will aid the
commissioner in determining whether the prerequisites for the license
sought have been met. The applicant shall declare, under penalty of
perjury, that the contents of the application are true and correct.
(b) The forms prescribed by the commissioner other than for
renewal applications may require authenticated fingerprints of any of
the following:
(1) Individual applicants.
(2) Specified partners or officers of organization applicants.
(3) The individuals who are to transact insurance for an
organization applicant.
(c) The forms may require the fingerprints to be affixed to the
application or to an attachment to be affixed to the application. The
commissioner, in his or her discretion, may require the fingerprints
on applications for any, some, or all of the licenses issued
pursuant to this chapter or Chapter 6 (commencing with Section 1760),
Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing
with Section 1831), provided that as to any one such type of license
the requirement is applied without discrimination to all applicants
within specified classifications. The classifications may be made
upon any or all of the following bases:
(1) Length of continuous residence in this state.
(2) Whether or not previously or currently licensed by the
commissioner.
(3) Whether or not currently licensed by specified regulatory
agencies of the State of California which require fingerprints on
applications for licenses and routinely process the fingerprints for
positive identification.
(4) Other reasonable criteria.
(d) The commissioner may decline to act on an incomplete or
defective application until an amended application which completes
the prescribed form is filed with him or her.
SEC. 3. Section 1655 of the Insurance Code is amended to read:
1655. No application for a license shall be deemed filed unless
the document has been submitted by a means of electronic service
approved by the commissioner, and the proper filing fee, including
any required application fee for any qualifying examination required
by this chapter, Chapter 5A (commencing with Section 1759), Chapter 6
(commencing with Section 1760), and Chapter 7 (commencing with
Section 1800) of Part 2 of Division 1, or Chapter 1 (commencing with
Section 14000) and Chapter 2 (commencing with Section 15000) of
Division 5 for the license applied for has been paid. However, an
applicant may, for good cause shown, request an exemption to the
electronic filing requirement.
SEC. 4. Section 1656 of the Insurance Code is amended to read:
1656. Every applicant for an organizational license shall provide
the names of all licensed persons who may exercise the power and
perform the duties under the license. Applicants for a nonresident
organizational license must name at least one person from a state
other than California who may exercise the power and perform the
duties under their license. Additional persons endorsed to that
license may be residents of other states, including California.
SEC. 5. Section 1658 of the Insurance Code is amended to read:
1658. Each application filed by a natural person for a license
shall contain the residence address, the principal business address,
and the mailing address of the applicant. The application shall also
contain the e-mail address to which the applicant wants the
commissioner to direct all license-related correspondence. Each
application for an organization license shall contain the principal
business address and the mailing address of the applicant. The
application shall also contain the e-mail address to which the
applicant wants the commissioner to direct all license-related
correspondence.
SEC. 6. Section 1661 of the Insurance Code is amended to read:
1661. Whenever an organization licensed as a life agent, or a
fire and casualty broker-agent desires to change, remove, or add to
the natural person or persons who are to transact insurance under
authority of its license, it shall immediately file an application or
notice on a form prescribed by the commissioner with the
commissioner for an endorsement changing its license accordingly. The
form must be submitted by a means of electronic service approved by
the commissioner. The commissioner shall require that the
prelicensing education standards set forth in Section 1749 be met and
that the qualifying examination provided by this code be taken by
any natural person named by the organization to exercise its agency
or brokerage powers who would be required to take and pass the
qualifying examination. That natural person or persons and the
organization are in all other respects subject to the provisions of
this chapter and the insurance laws.
SEC. 7. Section 1683 of the Insurance Code is amended to read:
1683. An applicant shall schedule or reschedule his or her
qualifying examination using an electronic service approved by the
commissioner. If an applicant fails to appear at the time and place
set for the examination, he or she shall be deemed to have failed the
examination. If the applicant fails the qualifying examination, the
commissioner shall give him or her written notice thereof.
SEC. 8. Section 1718 of the Insurance Code is amended to read:
1718. (a) Not less than 60 days before a permanent license will
expire, the commissioner may use an electronic delivery method,
including e-mail or other similar electronic method of delivery, to
deliver, or may mail, to the latest e-mail or mailing address
appearing on his or her records, an application to the licensee to
renew the license for the appropriate succeeding license term. It is
the licensee's responsibility to renew whether or not a renewal
notice is received. The commissioner may accept a late renewal,
provided the licensee's failure to comply is due to clerical error or
inadvertence on the part of the department.
(b) Application for renewal of a license may be filed on or before
the expiration date. When filed under this subdivision, the fee for
filing shall be as specified in Section 1750.
(c) The application for renewal of an expired license may be filed
after the expiration date and until that same month and day of the
next succeeding year. The fee for a renewal application under this
subdivision shall be the fee specified in subdivision (b) and a
delinquent fee in the amount specified for a one-year period in
Section 1750 for the filing. Each licensee shall be subject to
payment of delinquent fees under this section.
SEC. 9. Section 1729 of the Insurance Code is amended to read:
1729. Every licensee and every applicant for a license shall
immediately notify the commissioner using an electronic service
approved by the commissioner of any change in his or her e-mail or
mailing address as given to the commissioner pursuant to Sections
1658 and 1728.
SEC. 10. Section 1749 of the Insurance Code is amended to read:
1749. The department shall require all new applicants for license
as a fire and casualty broker-agent, limited lines automobile
insurance agent, personal lines broker-agent, life-only agent, or
accident and health agent to meet prelicensing education standards as
follows:
(a) Require a minimum of 40 hours of prelicensing study as a
prerequisite to qualification for a fire and casualty broker-agent
license. The curriculum for satisfying this requirement shall be
approved by the curriculum board and submitted to the commissioner
for final approval. Any additions to the minimum requirements
provided by this section shall be approved by the curriculum board
pursuant to Section 1749.1 and certified by the department.
(b) Require a minimum of 20 hours of prelicensing study as a
prerequisite for qualification for a personal lines broker-agent
license. The curriculum for satisfying this requirement shall be
approved by the curriculum board and submitted to the commissioner
for final approval. Any additions to the minimum requirements
provided by this section shall be approved by the curriculum board
pursuant to Section 1749.1 and certified by the department.
(c) Require a minimum of 20 hours of prelicensing study as a
prerequisite for qualification for a life-only agent license. The
curriculum for satisfying this requirement shall be approved by the
curriculum board and submitted to the commissioner for final
approval. Any additions to the minimum requirements provided by this
section shall be approved by the curriculum board pursuant to Section
1749.1 and certified by the department.
(d) Require a minimum of 20 hours of prelicensing study as a
prerequisite for qualification for a limited lines automobile
insurance agent license. The curriculum for satisfying this
requirement shall be approved by the curriculum board and submitted
to the commissioner for final approval. Any additions to the minimum
requirements under this section shall be approved by the curriculum
board pursuant to Section 1749.1 and certified by the department.
(e) Require a minimum of 20 hours of prelicensing study as a
prerequisite for qualification for an accident and health insurance
agent license. The curriculum for satisfying this requirement shall
be approved by the curriculum board and submitted to the commissioner
for final approval. Any additions to the minimum requirements under
this section shall be approved by the curriculum board pursuant to
Section 1749.1 and certified by the department. This curriculum shall
also include instruction in workers' compensation and general
principles of employers' liability.
(f) In addition to the 40 hours of prelicensing education required
to qualify for a license as a fire and casualty broker-agent, the 20
hours of prelicensing education required to qualify for a license as
a personal lines broker-agent, a life-only agent, or an accident and
health agent, or the 20 hours of prelicensing education required to
qualify for a license as a limited lines automobile insurance agent,
the department shall require 12 hours of study on ethics and this
code. Where an applicant seeks a license for more than one of the
following license types: a fire and casualty broker-agent license, a
personal lines broker-agent license, a life-only license, or an
accident and health license, the applicant shall only be required to
complete one 12-hour course on ethics and this code. The curriculum
for satisfying this requirement shall be approved by the curriculum
board and submitted to the commissioner for final approval.
(g) An applicant for a life-only agent license, an accident and
health license, a personal lines broker-agent license, or a limited
lines automobile insurance agent license, who is currently licensed
as a nonresident in this state shall be required to complete only the
course of study on ethics and the Insurance Code, as required by
Section 1749. Additionally, any applicant for such a license holding
one or more of the designations specified in subdivisions (a) to (p),
inclusive, of Section 1749.4 shall be exempted from any requirement
for courses in general insurance that would otherwise be a condition
of issuance of the license.
(h) An applicant for a fire and casualty broker-agent license who
is currently licensed as a nonresident in this state shall be
required to complete only the course of study on ethics and this
code, as required by subdivision (f). Additionally, any applicant for
such a license holding one or more of the designations specified in
subdivisions (a) to (p), inclusive, of Section 1749.4, shall be
exempted from any requirement for courses in general insurance that
would otherwise be a condition of issuance of a license.
(i) An applicant for a fire and casualty broker-agent license who
is licensed as a personal lines agent shall complete a minimum of 20
hours of prelicensing study as a prerequisite. The curriculum for
satisfying this requirement shall be approved by the curriculum board
and submitted to the commissioner for final approval. The applicant
shall not be required to repeat any prelicensing requirements
completed as a prerequisite to being licensed as a personal lines
agent.
(j) Review and approval of prelicensing courses not conducted in a
classroom, as referenced in subdivisions (a) to (i), inclusive,
shall include an evaluation of the safeguards in place to ensure that
the student completing the course is the person enrolled in the
course, methods used to monitor the students' attendance are
adequate, methods for the student to interact with the entity
providing the training exist, and methods used to record the times
spent completing the course are adequate.
(k) Prelicensing certificates of completion expire three years
from the completion date of the course, whether or not a license is
issued.
SEC. 11. Section 1749.3 of the Insurance Code is amended to read:
1749.3. (a) An individual licensed as a life-only agent or an
accident and health agent and also licensed as a fire and casualty
broker-agent, or an individual only licensed as a fire and casualty
broker-agent, shall complete those courses, programs of instruction,
or seminars approved by the commissioner for the type of license
held. Completion of specified product training required in
subdivision (d) of Section 1749.33, subdivision (b) of Section
1749.8, and paragraph (4) of subdivision (a) of Section 10234.93 may
result in the completion of more than the minimum of required
continuing education hours. The minimum number of hours required is
as follows:
(b) During each of the first four 12-month periods following the
date of the original license issuance, a minimum of 25 hours.
(c) Any licensee who has complied with subdivision (b) in the
first four years, shall thereafter satisfactorily complete 24 hours
of instruction prior to renewal of the license. These hours of
instruction may be completed at any time prior to renewal of the
license.
(d) An individual licensed as a fire and casualty broker-agent and
as a life-only agent or an accident and health agent shall satisfy
the requirements of this section by demonstrating completion of the
courses, programs of instruction, or seminars approved by the
commissioner for any of the license types listed in subdivision (a).
(e) A licensee shall not be required to comply with the
requirements of this article if the licensee submits proof
satisfactory to the commissioner that he or she has been a licensee
in good standing for 30 continuous years in this state and is 70
years of age or older. This exemption shall not apply to those
individuals licensed for the first time on or after January 1, 2010.
SEC. 12. Section 1749.31 of the Insurance Code is amended to read:
1749.31. (a) An individual licensed as a personal lines
broker-agent shall complete required continuing education courses,
programs of instruction, or seminars approved by the commissioner.
The personal lines broker-agent shall complete 24 hours during each
two-year license term as defined in subdivision (d) of Section
1625.5.
(b) An individual licensed as a personal lines broker-agent and as
a life-only agent or accident and health agent shall satisfy the
requirements of this section by satisfactorily completing 24 hours of
instruction prior to renewal of the license.
SEC. 13. Section 1751 of the Insurance Code is amended to read:
1751. The commissioner shall require, in advance, a fee for
filing the following documents:
(a) Application for registration of change in membership of a
copartnership licensed as any of the following:
(1) Fire and casualty broker-agent, fifty-six dollars ($56).
(2) Life agent, resident, forty-eight dollars ($48).
(3) Life agent, nonresident, fifty-three dollars ($53).
(4) Personal lines broker-agent, fifty-six dollars ($56).
(b) Notice for adding or removing from any life agent's, fire and
casualty broker-agent's, or personal lines broker-agent's license
issued to an organization the name of any natural person named
thereon, sixteen dollars ($16).
(c) First amendment to an application, eight dollars ($8); a
second and each subsequent amendment to an application, sixteen
dollars ($16).
(d) Original application to be given the qualifying examination
for a license of a fire and casualty or personal lines licensee,
twenty-seven dollars ($27) for each person to be examined.
(e) Original application to be given the qualifying examination
for a license of a life licensee, twenty-seven dollars ($27) for each
person to be examined.
(f) Application for reexamination for any of the licenses
mentioned in this section, twenty-seven dollars ($27) for each person
to be reexamined.
(g) Application which includes a request for a certificate of
convenience pursuant to Article 8 (commencing with Section 1685),
twenty dollars ($20) in addition to, and not in lieu of, fees
otherwise required.
(h) Application or request for approval of a true or fictitious
name pursuant to Section 1724.5, thirty dollars ($30), except that
there shall be no fee when the name is contained in an original
application.
(i) "A ratification of appointments of agents" whereby the
surviving insurer in a merger or consolidation assumes responsibility
for all agents then lawfully appointed for one of the constituent
insurers and makes each its agent, one hundred three dollars ($103).
(j) An application or request for approval of:
(1) A training course pursuant to Section 1691, except when filed
by a degree-conferring college or university, a public educational
institution, or by a private nonprofit educational institution, one
hundred three dollars ($103).
(2) An arrangement whereby an insurer may qualify certificate of
convenience holders pursuant to Section 1691 by means of an approved
course given on the insurer's behalf by a school or organization
other than itself, fifty-five dollars ($55).
(k) A bond, pursuant to Article 5 (commencing with Section 1662)
or Section 1760.5 or 1765, except when the bond constitutes part of
an original application filing, sixteen dollars ($16).
(l) An application or request for clearance and cancellation
notice of a current licensee of record, sixteen dollars ($16).
(m) An amended action notice pursuant to subdivision (e) of
Section 1704, five dollars ($5).
SEC. 14. Section 1758.3 of the Insurance Code is amended to read:
1758.3. The commissioner shall not grant authority to transact
variable contracts unless the life agent or applicant furnishes proof
that he or she is registered to sell securities in accordance with
the rules of the United States Securities and Exchange Commission or
the Financial Industry Regulatory Authority.
SEC. 15. Section 1758.692 of the Insurance Code is amended to
read:
1758.692. (a) Not less than 60 days before a permanent license
will expire, the commissioner may use an electronic delivery method,
including e-mail or other similar electronic method of delivery, to
deliver, or may mail, to the latest e-mail or mailing address
appearing on his or her records, an application to the licensee to
renew the license of a communications equipment insurance agent and
any endorsees for the appropriate succeeding license term. It is the
licensee's responsibility to renew, whether or not a renewal notice
is received.
(b) The commissioner may accept a late renewal without penalty,
provided that the licensee's failure to comply is due to a clerical
error or inadvertence.
(c) An application for renewal of a license may be filed on or
before the expiration date. An application for renewal of an expired
license may be filed after the expiration date and until that same
month and date of the next succeeding year.
(d) The commissioner shall impose a penalty fee equal to one-half
of the renewal fee for the communications equipment insurance agent
license and any endorsees for any renewal that is filed after the
expiration date of the license.
SEC. 16. Section 1758.7 of the Insurance Code is amended to read:
1758.7. (a) No self-service storage facility, or franchisee of a
self-service storage facility, shall offer or sell insurance unless
it has complied with the requirements of this article and has been
issued a license by the commissioner as provided in this article.
(b) The commissioner may issue to a self-service storage facility,
or its franchisee, that has complied with the requirements of this
article, a license that authorizes the self-service storage facility
or its franchisee to offer or sell the types of insurance specified
in Section 1758.75 in connection with and incidental to rental
agreements on behalf of any insurer authorized to write those types
of insurance policies in this state.
(c) (1) The license period shall be a two-year period beginning as
described in subparagraph (A) or (B) of paragraph (2), as
applicable, and ending on the second succeeding year on the last
calendar day of the month in which the initial license was issued.
(2) The commencement of a license period shall be determined for
each self-service storage facility or franchisee of a self-service
storage facility, as follows:
(A) Upon initial licensing, the license period begins on the date
the license is issued.
(B) Upon license renewal, the license period begins on the first
day of the month following the month in which the initial license was
issued.
(3) (A) Not less than 60 days before a permanent license will
expire, the commissioner may use an electronic delivery method,
including e-mail or other similar electronic method of delivery, to
deliver, or may mail, to the latest e-mail or mailing address
appearing on his or her records, an application to the licensee to
renew the license for the appropriate succeeding license period. It
is the licensee's responsibility to renew whether or not a renewal
application is received. The commissioner may accept a late renewal
without penalty, provided that the licensee's failure to comply is
due to clerical error or inadvertence on the part of the department.
(B) The application for renewal of a license shall be filed on or
before the expiration date.
(C) The application for renewal of an expired license may be filed
after the expiration date and until the same month and day of the
next succeeding year. A licensee who files the renewal application
after the license has expired shall be charged, in addition to the
renewal fee, a penalty of 50 percent of the renewal fee.
(d) The applicant for a license pursuant to this section shall
submit an application fee upon initial application and upon renewal
application in the amount or amounts determined by the department as
sufficient to defray its actual cost of processing the applications
and implementing this article.
(e) Costs associated with any enforcement action or investigation
shall be paid for by the person or organization licensed pursuant to
this article.
SEC. 17. Section 1758.81 of the Insurance Code is amended to read:
1758.81. (a) An applicant for a rental car agent license under
this article shall file the following documents with the
commissioner:
(1) A written application for licensure, signed by the applicant
or an officer of the applicant, in the form prescribed by the
commissioner.
(2) A certificate by the insurer that is to be named in the rental
car agent license, stating that the insurer has satisfied itself
that the named applicant is trustworthy and competent to act as its
insurance agent limited to this purpose and that the insurer will
appoint the applicant to act as its agent to transact the kind or
kinds of insurance that are permitted by this article, if the rental
car agent license applied for is issued by the commissioner. The
certification shall be subscribed by an officer or managing agent of
the insurer on a form prescribed by the commissioner.
(3) An application fee, and each license period thereafter, a
renewal fee, in an amount or amounts determined by the department as
sufficient to defray the department's actual cost of processing the
application or renewal and implementing this article.
(4) Not less than 60 days before a permanent license will expire,
the commissioner may use an electronic delivery method, including
e-mail or other similar electronic method of delivery, to deliver, or
may mail, to the latest e-mail or mailing address appearing on his
or her records, an application to the licensee to renew the license
for the appropriate succeeding license period. It is the licensee's
responsibility to renew whether or not a renewal application is
received. The commissioner may accept a late renewal without a
penalty, provided the licensee's failure to comply is due to clerical
error or inadvertence on the part of the department.
(A) The application for renewal of a license shall be filed on or
before the expiration date.
(B) The application for renewal of an expired license may be filed
after the expiration date and until that same month and day of the
next succeeding year. A licensee who files the renewal application
after the license has expired shall be charged, in addition to the
renewal fee, a penalty of 50 percent of the renewal fee.
(b) Notwithstanding any other provision of law to the contrary,
Sections 1667, 1668, 1668.5, 1669, 1670, 1720, 1738, and 1739 apply
to any application for or issuance of a license pursuant to this
article.
(c) Costs associated with any enforcement action or investigation
shall be paid for by the person or organization licensed pursuant to
this article.
SEC. 18. Section 1758.92 of the Insurance Code is amended to read:
1758.92. (a) An
applicant for a credit insurance agent license under this article
shall submit each of the following to the commissioner:
(1) A written application for licensure signed by the applicant or
an officer of the applicant, in the form prescribed by the
commissioner.
(2) A certificate by the insurer that is to be named in the credit
insurance agent license, stating that the insurer has satisfied
itself that the named applicant is trustworthy and competent to act
as its insurance agent limited to this purpose and that the insurer
will appoint the applicant to act as its agent in reference to
selling or soliciting the kind or kinds of insurance that are
permitted by this article, if the credit insurance agent license
applied for is issued by the commissioner. The certification shall be
subscribed by an officer or managing agent of the insurer on a form
prescribed by the commissioner.
(3) An application fee, and each license period thereafter, a
renewal fee, in an amount or amounts determined by the department as
sufficient to defray the department's actual costs of processing the
application or renewal and implementing this article.
The limitation on fee increases of 10 percent without prior
approval of the Legislature set forth in Section 12978 shall not
apply to the application or renewal fee set forth in this subdivision
during the years 2002, 2003, and 2004.
(b) Notwithstanding any other provision of law to the contrary,
the provisions set forth in Sections 1667, 1668, 1668.5, 1669, 1670,
1720, 1738, and 1739 apply to any application for or issuance of a
license, or any application for or approval of an endorsee, pursuant
to this article.
(c) (1) Not less than 60 days before a permanent license will
expire, the commissioner may use an electronic delivery method,
including e-mail or other similar electronic method of delivery, to
deliver, or may mail, to the latest e-mail or mailing address
appearing on his or her records, an application to the licensee to
renew the license for the appropriate succeeding license period. It
is the licensee's responsibility to renew whether or not a renewal
application is received. The commissioner may accept a late renewal
without penalty, provided the licensee's failure to comply is due to
a clerical error or inadvertence on the part of the department.
(2) An application for renewal shall be filed on or before the
expiration date.
(3) The application for renewal of an expired license may be filed
after the expiration date and until that same month and date of the
next succeeding year. A licensee who files a renewal application
after the license has expired shall be charged, in addition to the
renewal fee, a penalty of 50 percent of the renewal fee for the
credit insurance agent license and all endorsees.
(d) Costs associated with any enforcement action or investigation
shall be paid for by the person or organization licensed pursuant to
this article.
SEC. 19. Section 12418.3 of the Insurance Code is amended to read:
12418.3. (a) Each certificate of registration issued under this
article shall be for a three-year period beginning on the date the
certificate is issued.
(b) Not less than 60 days before a certificate of registration
will expire, the commissioner may mail or use an electronic delivery
method, including e-mail or other similar electronic method, to
deliver an application to renew the certificate to the latest e-mail
or mailing address appearing on the registrant's records. It shall be
the responsibility of the registrant to renew his or her
certificate, whether or not a renewal notice is received.
(c) The application for renewal of an expired certificate of
registration may be filed after the expiration date and until the
same month and day of the next succeeding year. In addition to the
fee for a renewal application, a delinquent application fee in the
amount of fifty dollars ($50) shall be assessed for each application
for renewal filed after the expiration date. Each registrant shall be
subject to payment of delinquent application fees under this
subdivision. The commissioner may waive the delinquent application
fee, or accept a renewal filed after the date specified in this
subdivision, if the registrant's failure to comply is due to clerical
or other inadvertent error on the part of the department.