S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10998--A
 
                           I N  A S S E M B L Y
 
                               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:
 
   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:
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13794-05-8

 A. 10998--A                         2
 
 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.