218                                        LAWS OF MARYLAND                                Ch. 147

CHAPTER 147
(House Bill 449)

AN ACT to repeal and re-enact, with amendments, Section 166 of Article 48A of
the Annotated Code of Maryland (1972 Replacement Volume), title "Insurance
Code," subtitle "11. Agents and Brokers," to amend the definition of agent
under the laws relating to insurance agents and brokers.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 166 of Article 48A of the Annotated Code of
Maryland (1972 Replacement Volume), title "Insurance Code," subtitle "11. Agents
and Brokers," be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

166.

As used in this subtitle:

(a)  An "agent" is [an individual] A PERSON appointed by an insurer (1) to
solicit applications for insurance or annuities or to negotiate insurance on its
behalf; and (2) if authorized to do so by the insurer, to effectuate and countersign
insurance contracts. The term "agent" shall not include:

(1)  Individuals employed and used by agents or insurers for the performance of
clerical, stenographic and similar office duties;

(2)  Any regular salaried officer or employee of an insurer rendering assistance
to or on behalf of a licensed agent, provided that such salaried officer or employee
receives no commission or other compensation directly dependent upon the amount
of business obtained;

(3)  Any person who secures and forwards information for the purpose of group
insurance coverage or for enrolling individuals under group insurance coverages or
issuing certificates thereunder where no commission is paid for such services.

(b)   A "broker" is a person who for compensation in any manner solicits,
procures or negotiates insurance contracts or the renewal or continuance thereof,
on behalf of insureds or prospective insureds other than himself and not on behalf
of an insurer or agent.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved April 26, 1973.

CHAPTER 148
(House Bill 448)

AN ACT to repeal and re-enact, with amendments, Section 311 of Article 43 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Health,"
subtitle "State Board of Barber Examiners," to provide that the appointments
by the Governor of the members of the Board of Barber Examiners shall be for
a term of five years.