S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3579
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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:

   Section 1. Paragraph 3 of subsection (d) of section 2108 of the insur-
 ance  law, as renumbered by section 1 of subpart F of part II of chapter
 55 of the laws of 2019, is amended to read as follows:
   (3) 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03578-02-1

 S. 3579                             2
 
 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.