S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--A
     Cal. No. 730
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Insurance in accordance with Senate Rule 6, sec. 8 --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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:
 
   Section 1. Paragraph 5 of subsection (d) of section 2108 of the insur-
 ance law is amended to read as follows:
   (5) Such application shall be approved, as to each person or  individ-
 ual so signing the same, by not less than five reputable citizens of the
 community in which such applicant resides or transacts business, each of
 whom shall certify that he has personally known the person or individual
 for a period of at least five years prior to the filing of such applica-
 tion,  that he has read such application and believes each of the state-
 ments made therein to be true, that such person is honest, of good char-
 acter and competent, and not related  or  connected  to  the  person  so
 certifying  by  blood  or marriage. The certificate of approval shall be
 subscribed by such reputable citizens and affirmed by them as true under
 the penalties of perjury.  THIS REQUIREMENT SHALL BE WAIVED FOR INDIVID-
 UALS HOLDING A CLAIMS CERTIFICATION ISSUED BY A NATIONAL OR  STATE-BASED
 CLAIMS  ASSOCIATION  WITH  A  CERTIFICATION  PROGRAM THAT CONSISTS OF AT
 LEAST FORTY HOURS OF PRE-EXAM COURSEWORK,  A  PROCTORED  EXAMINATION  OF
 SUFFICIENT LENGTH TO ADEQUATELY DETERMINE THE COMPETENCY OF THE INDIVID-
 UAL,  AND TWENTY-FOUR HOURS OF CONTINUING EDUCATION REQUIRED FOR CERTIF-
 ICATION RENEWALS, SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
   § 2. Paragraph 1 of subsection (f) of section 2108  of  the  insurance
 law is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13794-04-8

 S. 6954--A                          2
 
   (1)  The  superintendent shall, in order to determine the trustworthi-
 ness and competency to act as an independent adjuster of each individual
 applicant for such license, and of each proposed sub-licensee, except in
 the case of a renewal license, require every such individual to take and
 pass,  to  the  satisfaction  of  the superintendent, a personal written
 examination. The superintendent may prescribe the types of written exam-
 inations according to the kind or kinds of insurance claims [which] THAT
 the applicant is to be licensed to investigate and  adjust.    THE  EXAM
 REQUIREMENT  SHALL  BE  WAIVED  FOR INDIVIDUALS HOLDING A CLAIMS CERTIF-
 ICATION ISSUED BY A NATIONAL OR  STATE-BASED CLAIMS ASSOCIATION  WITH  A
 CERTIFICATION PROGRAM THAT CONSISTS OF AT LEAST  FORTY HOURS OF PRE-EXAM
 COURSEWORK,  A  PROCTORED EXAM OF SUFFICIENT LENGTH TO ADEQUATELY DETER-
 MINE THE COMPETENCY OF THE INDIVIDUAL, AND TWENTY-FOUR HOURS OF CONTINU-
 ING EDUCATION REQUIRED FOR  CERTIFICATION RENEWALS ON A BIENNIAL  BASIS,
 SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
   § 3. This act shall take effect immediately.