,i #aacth ,,congress #ast ,session ,h4 ,r4 #baef ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,fincher 7for himself1 ,mrs4 ,blackburn1 and ,mr4 ,tiberi7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to encourage uniformity and reciprocity among ,states that license insurance claims adjusters and to facilitate prompt and efficient adjusting of insurance claims in the case of natural and other disasters and losses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,claims ,licensing ,advancement for ,interstate ,matters ,act or the ,,claim ,act4 #b4 ,model licensing act ,to promote the policy of robust consumer protection for and more efficient interstate adjusting of property1 casualty1 disability1 or workers' compensation claims1 the ,congress hereby urges the ,national ,association of ,insurance ,commissioners to adopt a model independent claims adjuster licensing ,act that-- 7#a7 contains basic standards for the integrity1 personal qualifications1 education1 training1 and experience required of independent claims adjusters1 including continuing education requirements and ethics course requirements2 and 7#b7 does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a ,state because of his or her status as a non-resident of that ,state4 #c4 ,multi-,state examination 7a7 ,establishment ,the ,congress hereby urges the ,,naic to adopt and administer a multi-,state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home ,state4 7b7 ,examinee eligibility ,the ,,naic may require that1 as a condition for taking a multi-,state examination administered pursuant to this section1 the examinee shall-- 7#a7 be duly licensed as an independent claims adjuster by his or her home ,state2 7#b7 meet such integrity1 degree1 training1 and experience requirements as the ,,naic considers necessary2 and 7#c7 meet any continuing education requirements as established by his or her home ,state4 7c7 ,cross-,jurisdiction competency ,any multi-,state examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts1 and shall include such ethics and other testing as the ,,naic deems necessary4 #d4 ,state authorities ,nothing in this ,act shall be construed to-- 7#a7 require a ,state that does not have licensing requirements for independent claims adjusters to adopt any such requirements2 7#b7 subject to section #f1 limit the right of a ,state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims1 provided that such fee is uniform regardless of the ,state of residence of the licensee2 or 7#c7 affect the jurisdiction and authority of a ,state insurance regulator to prescribe and enforce its insurance laws1 rules1 and regulations regulating independent claims adjuster activity in its jurisdiction4 #e4 ,interstate claims adjusting licensing reforms 7a7 ,in general ,a ,state is in compliance with the requirements of this subsection1 and section #f shall not apply with respect to such ,state1 if before the expiration of the #d-year period beginning on the date of the enactment of this ,act the ,state has enacted and has in effect-- 7#a7 in the case only of a ,state that requires and issues licenses for independent claims adjusters1 laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the ,state that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section #b2 and 7#b7 laws and regulations governing non-home ,state individuals and entities operating as independent claims adjusters within that ,state that provide for the reciprocity required under subsection 7c7 with other ,states4 7b7 ,uniformity requirements ,a ,state that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection 7a77#a7 if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section #b4 7c7 ,reciprocity requirements ,the laws and regulations of a certain ,state shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations-- 7#a7 do not require licensure of independent claims adjusters2 or 7#b7 permit any independent claims adjuster who has a license in another ,state that is the adjuster's home ,state to obtain authorization to engage in the business of adjusting in such certain ,state as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster's home ,state1 without satisfying any additional requirements other than1 if required under applicable law1 to submit-- 7,a7 proof of being licensed in good standing in the adjuster's home ,state2 ,provided1 ,that such home ,state has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home ,state that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section #b2 and 7,b7 payment of any requisite fee to the appropriate authority of the certain ,state2 ,provided1 ,that the amount of such fee does not exceed any fee required to be paid by an adjuster whose home ,state is such certain ,state4 7d7 ,,naic determination 7#a7 ,determination ,a ,state shall be considered to be in compliance with subsection 7a7 for purposes of this ,act if the ,,naic determines that1 before the expiration of the #d-year period beginning on the date of enactment of this ,act1 the ,state is in compliance with the requirements under such subsection4 7#b7 ,continued review ,with respect to any ,state that the ,,naic has determined to be in compliance with the requirements of subsection 7a71 the ,congress hereby urges ,,naic to continue to review and determine such ,state's compliance with the requirements of subsection 7a7 on an annual basis4 ,if the ,,naic determines at any time that a ,state no longer is in compliance with the requirements of subsection 7a71 section #f shall apply with respect to such ,state4 7#c7 ,judicial review ,the appropriate ,united ,states ,district ,court shall have exclusive jurisdiction over any challenge arising under this section4 ,the court shall apply the standards set forth in section #gjf of title #e1 ,united ,states ,code1 in reviewing any such challenge4 #f4 ,authority for interstate claims adjusting 7a7 ,authority ,in the case of any ,state that requires and issues licenses for independent claims adjusters but is not in compliance with section #e7;a71 after the expiration of the #d-year period beginning on the date of the enactment of this ,act1 an independent claims adjuster and the adjuster's employer may ascertain1 determine1 negotiate1 or settle a claim in such ,state1 but only if the adjuster meets the following requirements3 7#a7 ,the independent claims adjuster holds a valid such license in his or her home ,state4 7#b7 ,if the ,,naic has established and administers a multi-,state examination pursuant to section #c1 the adjuster has passed such examination4 7b7 ,prohibition of additional ,state requirements ,an independent claims adjuster authorized under subsection 7a7 to investigate1 evaluate1 negotiate the resolution of a claim in a ,state that is not in compliance with section #e shall not be subject to any additional licensure or other requirements from such ,state in order to adjust claims and otherwise act as an independent claims adjuster in such ,state4 #g4 ,accelerating claims adjusting of losses caused by natural or other disasters 7a7 ,authority to adjust ,an independent claims adjuster meeting the requirements of subsection 7b7 may adjust claims for losses related to any natural or other disaster1 occurring in any jurisdiction1 that has been designated by the ,president as a major disaster pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 notwithstanding the licensure requirements of the ,state in which the disaster area for the major disaster is located and notwithstanding the requirements under section #f of this ,act for interstate claims licensing4 7b7 ,adjuster requirements ,the requirements under this subsection with respect to an independent claims adjuster are as follows3 7#a7 ,state license ,the adjuster holds a valid license as an independent claims adjuster in his or her home ,state 7whether actual or designated1 pursuant to section #h7;a77#a774 7#b7 ,multi-state examination ,if the ,,naic has adopted and administers a multi-,state examination pursuant to section #c1 the adjuster has passed such an examination4 #h4 ,definitions ,for purposes of this ,act1 the following definitions shall apply3 7#a7 ,home ,state 7,a7 ,actual ,the term home ,state means1 with respect to an independent claims adjuster1 the ,state in which the adjuster maintains his1 her1 or its principal place of residence or business and is licensed as an independent claims adjuster4 7,b7 ,designated ,if the ,state in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought1 such term means any other ,state in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home ,state4 7#b7 ,independent claims adjuster ,the term independent claims adjuster means an individual1 other than a public adjuster1 who undertakes on behalf of insurers or self-insurers to investigate1 evaluate1 and negotiate the resolution of the amount of a property1 casualty1 disability1 or workers' compensation claim1 loss1 or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self-insurer4 ,such term includes company or staff adjusters1 who are individuals1 other than a public adjuster1 employed by property casualty insurers and undertake to investigate1 evaluate1 and negotiate the resolution of a property1 casualty1 disability1 or workers' compensation claim1 loss1 or damage on behalf of an insurance policy or insurer4 7#c7 ,naic ,the term ,,naic means the ,national ,association of ,insurance ,commissioners4 7#d7 ,public adjuster ,the term public adjuster means any person who1 for compensation or any other thing of value1 on behalf of the insured acts1 aids1 advertises1 or solicits business to ascertain1 determine1 negotiate1 or settle the amount of a claim1 loss1 or damage1 solely in relation to first party claims arising under contracts that insure the real or personal property of the insured4 7#e7 ,state ,the term ,state means the ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 the ,virgin ,islands1 ,american ,samoa1 and any other territory or possession of the ,united ,states4 7#f7 ,state law ,the term ,state law includes all laws1 decisions1 rules1 regulations1 or other ,state action of any ,state having the effect of law2 and a law of the ,united ,states applicable only to the ,district of ,columbia shall be treated as a ,state law rather than as a law of the ,united ,states4