HOUSE BILL NO. 6114

August 17, 2020, Introduced by Reps. Markkanen, Rendon, Eisen, Wozniak, Paquette and Brenda Carter and referred to the Committee on Insurance.

"The insurance code of 1956,"

by amending sections 4159 and 4160 (MCL 500.4159 and 500.4160), as added by 2012 PA 544.

the people of the state of michigan enact:

Sec. 4159. A producer shall not dissuade, or attempt to dissuade, a consumer from any of the following:

(a) Truthfully responding to an insurer's request for confirmation of suitability the consumer profile information.

(b) Filing a complaint.

Sec. 4160. (1) A producer shall not solicit the sale of an annuity unless the producer has adequate knowledge of the product to recommend the annuity and the producer is in compliance with the insurer's standards for product training. A producer may rely on insurer-provided product-specific training standards and materials to comply with this subsection.

(2) A producer who engages in the sale of annuities shall complete a 1-time 4-credit training course approved by the commissioner director and provided by an insurance producer program of study registered under chapter 12. Insurance producers who hold a life insurance line of authority on the effective date of the amendatory act that added this section June 1, 2013 and who desire to sell annuities shall complete the requirements of this subsection within 6 months after the effective date of the amendatory act that added this section. by December 1, 2013. Individuals who obtain a life insurance line of authority on or after the effective date of the amendatory act that added this section May 31, 2013 shall not engage in the sale of annuities until the annuity training course required under this subsection has been completed.

(3) The minimum length of the training required under subsection (2) shall must be not less than 4 hours, as defined in section 1204c, and may be longer.

(4) The training required under subsection (2) shall must include information on all of the following:

(a) The types of annuities and various classifications of annuities.

(b) Identification of the parties to an annuity.

(d) The income taxation of qualified and nonqualified annuities.

(e) The primary uses of annuities.

(f) Appropriate standard of conduct, sales practices, and replacement and disclosure requirements.

(5) Registered insurance producer programs of study shall must cover all topics under subsection (4) and shall must not present any marketing information or provide training on sales techniques or provide specific information about a particular insurer's products. Additional topics may be offered in conjunction with and in addition to the topics under subsection (4).

(6) A provider of an annuity training course intended to comply with this section shall register with the commissioner director as a continuing education provider in this state and comply with any requirements of the commissioner director applicable to insurance producer continuing education.

(7) A producer who has completed an annuity training course approved by the director before the effective date of the 2020 amendatory act that amended this section shall, within 6 months after the effective date of the 2020 amendatory act that amended this section, complete either of the following:

(a) A new 4-credit training course approved by the director after the effective date of the 2020 amendatory act that amended this section.

(b) An additional 1-time 1-credit training course approved by the director and provided by the department-approved education provider on appropriate sales practices, replacement, and disclosure requirements under this chapter.

(8) (7) Annuity training courses may be conducted and completed by classroom or self–study methods in accordance with requirements of the commissioner.director.

(9) (8) Providers of annuity training shall comply with any reporting requirements imposed by the commissioner director and shall issue certificates of completion in accordance with any requirements of the commissioner.director.

(10) (9) The satisfaction of the training requirements of another state that the commissioner director determines to be substantially similar to this section satisfies the training requirements of this section.

(11) The satisfaction of the components of the training requirements of any course or courses with components substantially similar to this section satisfies the training requirements of this section.

(12) (10) An insurer shall verify that an insurance producer has completed the annuity training course required under this section before allowing the producer to sell an annuity for that insurer. An insurer may satisfy its responsibility under this section by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored director-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with a registered insurance producer program of study.

Enacting section 1. This amendatory act takes effect 6 months after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 6112 (request no. 05748'20).

(b) Senate Bill No.____ or House Bill No. 6113 (request no. 07415'20).