NY Producer License Bill Final Okay Nears

NY Producer License Bill Final Okay Nears

By Daniel Hays

NU Online News Service, Sept. 19, 4:02 p.m. EDT?New York in the next several weeks is expected to become the latest state to adopt a reciprocal licensing law for non-resident insurance producers, an Assembly source said.

On Tuesday, the New York State Senate passed the state's version of a model licensing bill during a one-day special session.

The final language in the bill was the result of a three-way negotiation involving leadership of the Republican-controlled Senate, Democrat-controlled Assembly and Republican Gov. George Pataki, said Peter Newell an aide to Assemblyman Alexander "Pete" Grannis, D-Manhattan, who chairs the Assembly Insurance Committee.

Mr. Newell said the next session of the Assembly should be scheduled within a couple of weeks and "when we return we expect it [the bill] to pass."

The Independent Insurance Agents & Brokers of New York Inc. based in Syracuse, N.Y. called the action on the bill a "breakthrough moment" in the drive to adopt reciprocal laws for the licensing of non-resident insurance producers throughout the nation.

IIABNY said it had been involved in negotiations with both chambers over two years to secure the measure. IIABNY also said it is confident the three-way agreement "will culminate in Gov. George Pataki bill signing before the end of the year."

Enactment of the legislation, IIABNY said, will streamline licensing procedures for New York's agents and brokers to conduct business in other states by requiring reciprocal treatment. Non-resident insurance producer licenses would be granted only to non-residents whose home state grants non-resident licenses to New York residents on the same basis.

It will also exempt insurance company customer service representatives and other employees who regularly deal with policyholders from completing licensing standards.

"This bill will make it easier for insurance company employees to provide needed service to policyholders, while still protecting New York consumers by maintaining producer licensing standards," said Gerald L. Zimmerman, assistant general counsel for the National Association of Independent Insurers.

Sponsored by Sen. James L. Seward, R-Oneonta, the bill, S-5729, generally adopts the National Association of Insurance Commissioners model for licensing of insurance producers to sell or solicit insurance in New York who are licensed in another state. The bill also provides for limited lines licensees, permits sharing of confidential material among regulators, and repeals provisions relating to reinsurance intermediaries and non-resident excess line brokers.

Under the Gramm-Leach-Bliley Act of 1999, also known as the Financial Services Modernization Act, 29 states were required to enact licensing reciprocity to avoid the creation of a federal producer licensing system. IIABNY noted that while that goal was met, New York had remained among a few large holdout states without a reciprocity law in place.

"The ultimate goal of licensing reciprocity is to reduce the cost and complexity of regulatory compliance as it relates to multi-state licensing," says Maura T. Clancy, IIABNY board chairman. "An unwieldy process acting as a barrier to conducting business across state borders should be a thing of the past. The Senate's vote this week brings us an important step closer to that reality."