H-0555.1                  _______________________________________________

                                                      HOUSE BILL 1154

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives R. Johnson, Appelwick, Jacobsen, Quall, Miller and Foreman

Read first time 01/18/93.  Referred to Committee on Financial Institutions & Insurance.

Requiring certain insurance coverage for agents and brokers.

          AN ACT Relating to insurance coverage for insurance agents and brokers; and amending RCW 48.17.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 48.17.150 and 1988 c 248 s 9 are each amended to read as follows:

          (1) To qualify for an agent's or broker's license an applicant must otherwise comply with this code therefor and must

          (a) be eighteen years of age or over, if an individual;

          (b) be a bona fide resident of and actually reside in this state, or if a corporation, be other than an insurer and maintain a lawfully established place of business in this state, except as provided in RCW 48.17.330;

          (c) be empowered to be an agent or broker, as the case may be, under its members' agreement, if a firm, or by its articles of incorporation, if a corporation;

          (d) complete such minimum educational requirements for the issuance of an agent's license for the kinds of insurance specified in RCW 48.17.210 as may be required by regulation issued by the commissioner;

          (e) successfully pass any examination as required under RCW 48.17.110;

          (f) be a trustworthy person;

          (g) if for an agent's license, be appointed as its agent by one or more authorized insurers, subject to issuance of the license; ((and))

          (h) if for broker's license, have had at least two years experience either as an agent, solicitor, adjuster, general agent, broker, or as an employee of insurers or representatives of insurers, and special education or training of sufficient duration and extent reasonably to satisfy the commissioner that he or she possesses the competence necessary to fulfill the responsibilities of broker; and

(i) obtain and maintain insurance covering the licensee's liability for errors and omissions in an amount and type specified by the commissioner.

          (2) The commissioner shall by regulation establish minimum continuing education requirements for the renewal or reissuance of a license to an agent or a broker:  PROVIDED, That the commissioner shall require that continuing education courses will be made available on a state-wide basis in order to ensure that persons residing in all geographical areas of this state will have a reasonable opportunity to attend such courses.  The continuing education requirements shall be appropriate to the license for the kinds of insurance specified in RCW 48.17.210:  PROVIDED FURTHER, That the continuing education requirements may be waived by the commissioner for good cause shown.

          (3) If the commissioner finds that the applicant is so qualified and that the license fee has been paid, he or she shall issue the license.  Otherwise, the commissioner shall refuse to issue the license.

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