Bill Text: NY S03636 | 2019-2020 | General Assembly | Introduced
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 national or state-based claims association.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO INSURANCE [S03636 Detail]
Download: New_York-2019-S03636-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3636 2019-2020 Regular Sessions IN SENATE February 11, 2019 ___________ Introduced by Sens. BRESLIN, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00493-01-9S. 3636 2 1 pass, to the satisfaction of the superintendent, a personal written 2 examination. The superintendent may prescribe the types of written exam- 3 inations according to the kind or kinds of insurance claims [which] that 4 the applicant is to be licensed to investigate and adjust. The exam 5 requirement shall be waived for individuals holding a claims certif- 6 ication issued by a national or state-based claims association with a 7 certification program that consists of at least forty hours of pre-exam 8 coursework, a proctored exam of sufficient length to adequately deter- 9 mine the competency of the individual, and twenty-four hours of continu- 10 ing education required for certification renewals on a biennial basis, 11 subject to the approval of the superintendent. 12 § 3. This act shall take effect immediately.
