Bill Text: NY A10998 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to licensing of independent insurance adjusters by waiving requirements regarding character references and a written examination if the applicant holds a claim certification from a nationally or state-based claims association.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-20 - print number 10998a [A10998 Detail]

Download: New_York-2017-A10998-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10998--A
                   IN ASSEMBLY
                                      May 29, 2018
                                       ___________
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on  Insurance -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        AN ACT to amend the insurance law, in relation to licensing of independ-
          ent adjusters
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 5 of subsection (d) of section 2108 of the insur-
     2  ance law is amended to read as follows:
     3    (5)  Such application shall be approved, as to each person or individ-
     4  ual so signing the same, by not less than five reputable citizens of the
     5  community in which such applicant resides or transacts business, each of
     6  whom shall certify that he has personally known the person or individual
     7  for a period of at least five years prior to the filing of such applica-
     8  tion, that he has read such application and believes each of the  state-
     9  ments made therein to be true, that such person is honest, of good char-
    10  acter  and  competent,  and  not  related  or connected to the person so
    11  certifying by blood or marriage. The certificate of  approval  shall  be
    12  subscribed by such reputable citizens and affirmed by them as true under
    13  the penalties of perjury.  This requirement shall be waived for individ-
    14  uals  holding a claims certification issued by a national or state-based
    15  claims association with a certification  program  that  consists  of  at
    16  least  forty  hours  of  pre-exam coursework, a proctored examination of
    17  sufficient length to adequately determine the competency of the individ-
    18  ual, and twenty-four hours of continuing education required for  certif-
    19  ication renewals, subject to the approval of the superintendent.
    20    §  2.  Paragraph  1 of subsection (f) of section 2108 of the insurance
    21  law is amended to read as follows:
    22    (1) The superintendent shall, in order to determine  the  trustworthi-
    23  ness and competency to act as an independent adjuster of each individual
    24  applicant for such license, and of each proposed sub-licensee, except in
    25  the case of a renewal license, require every such individual to take and
    26  pass,  to  the  satisfaction  of  the superintendent, a personal written
    27  examination. The superintendent may prescribe the types of written exam-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13794-05-8

        A. 10998--A                         2
     1  inations according to the kind or kinds of insurance claims [which] that
     2  the applicant is to be licensed to investigate and  adjust.    The  exam
     3  requirement  shall  be  waived  for individuals holding a claims certif-
     4  ication  issued  by a national or  state-based claims association with a
     5  certification program that consists of at least  forty hours of pre-exam
     6  coursework, a proctored exam of sufficient length to  adequately  deter-
     7  mine the competency of the individual, and twenty-four hours of continu-
     8  ing  education required for  certification renewals on a biennial basis,
     9  subject to the approval of the superintendent.
    10    § 3. This act shall take effect immediately.
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