,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #ccfc  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bd1 #bjag,mr4 
,kustoff of ,tennessee 7for himself1    
,mr4 ,foster1 ,mr4 ,royce of            
,california1 ,mr4 ,stivers1 ,mr4 ,blum1 
and ,mr4 ,roe of ,tennessee7 introduced 
the following bill2 which was referred  
to the ,committee on ,financial         
,services  ,a ,,bill  ,to reform        
uniformity and reciprocity among ,states
 that license insurance claims adjusters
 and to facilitate prompt and efficient 
adjusting of insurance claims1 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 
,state flexibility in multistate        
adjuster licensing reforms  7a7 ,in     
general ,section #d shall take effect   
upon the expiration of the #d-year      
period beginning on the date of the     
enactment of this ,act unless1 before   
the expiration of such period1 those    

,states that license independent claims 
adjusters have enacted--  7#a7 uniform  
laws and regulations governing the      
licensure of individuals and entities   
authorized to adjust insurance claims   
within the ,state2 and  7#b7 reciprocity
 laws and regulations governing the     
licensure of nonresident individuals and
 entities authorized to adjust insurance
 claims within those ,states4  7b7      
,uniformity required ,states shall be   
deemed to have established the          
uniformity necessary to comply with     
subsection 7a77#a7 if the ,states--     
7#a7 establish uniform criteria         
regarding the integrity1 personal       
qualifications1 education1 training1 and
 experience of licensed independent     
claims adjusters for--  7,a7 property   
and casualty insurance2  7,b7 workers   
compensation insurance2 and  7,c7 such  
other lines as a ,state may choose to   
regulate4  7#b7 establish uniform       
continuing education requirements for   
licensed independent claims adjusters   

for each line of insurance under        
paragraph 7#a7 that a ,state chooses to 
regulate2  7#c7 establish uniform ethics
 course requirements for licensed       
independent claims adjusters in         
conjunction with the continuing         
education requirements under paragraph  
7#b72  7#d7 do not impose any           
requirement upon any independent claims 
adjuster to be licensed or otherwise    
qualified to do business as a           
nonresident that has the effect of      
limiting or conditioning that           
independent claims adjuster's activities
 because of its residence or place of   
operations2 and  7#e7 utilize a uniform 
license application4  7c7 ,reciprocity  
required ,states shall be deemed to have
 established the reciprocity required to
 comply with subsection 7a77#b7 if the  
following conditions are met3  7#a7     
,administrative licensing procedures    
,each ,state that licenses independent  
claims adjusters permits an independent 
claims adjuster that has a license for  

adjusting insurance claims in their home
 ,state to receive a license to adjust  
insurance claims in those other ,states 
as a nonresident to the same extent that
 such independent claims adjuster is    
permitted to adjust insurance claims in 
their home ,state without satisfying any
 additional requirements other than     
submitting--  7,a7 a request for        
licensure utilizing the uniform license 
application2  7,b7 a copy of1 or        
evidence of1 a valid license held by the
 adjuster in their home ,state 7unless  
such information is available in the    
,national ,insurance ,producer ,registry
 ,producer ,database72 and  7,c7 the    
payment of any requisite fee to the     
appropriate authority4  7#b7 ,continuing
 education requirements ,each ,state    
that licenses an independent claims     
adjuster accepts an insurance claims    
adjuster's satisfaction of their home   
,state's continuing education           
requirements for licensed insurance     
claims adjusters to satisfy the ,state's

 own continuing education requirements4 
7#c7 ,no limiting nonresident           
requirements ,a ,state does not impose  
any requirement upon any independent    
claims adjuster to be licensed or       
otherwise qualified to do business as a 
nonresident that has the effect of      
limiting or conditioning that           
independent claims adjuster's activities
 because of its residence or place of   
operations4  7#d7 ,reciprocal           
reciprocity ,each of the ,states that   
satisfies paragraphs 7#a71 7#b71 and    
7#c7 grants reciprocity to residents of 
all of the other ,states that satisfy   
such paragraphs4  7d7 ,determination    
7#a7 ,determination ,a ,state shall be  
considered to be in compliance with     
subsection 7a7 for purposes of this ,act
 if the ,national ,association of       
,registered ,agents and ,brokers        
determines that1 before the expiration  
of the #d-year period beginning on the  
date of the 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 ,national           
,association of ,registered ,agents and 
,brokers has determined to be in        
compliance with the requirements of     
subsection 7a71 the ,national           
,association of ,registered ,agents and 
,brokers shall continue to review and   
determine such ,state's compliance with 
the requirements of subsection 7a7 on an
 annual basis4 ,if the ,national        
,association of ,registered ,agents and 
,brokers determines at any time that a  
,state no longer is in compliance with  
the requirements of subsection 7a71     
section #d 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  #c4      

,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  
#b1 limit the right of a ,state to      
establish licensing fees or enforce its 
laws regarding the adjusting of         
insurance claims1 provided that such    
,state fee is uniform regardless of the 
,state of residence of the licensee in  
that ,state2 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  #d4 ,authority for       
interstate claims adjusting ,in the case
 of any ,state that requires and issues 
licenses for independent claims         
adjusters but is not in compliance with 
section #b1 after the expiration of the 
#d-year period beginning on the date of 

the enactment of this ,act1 an          
independent claims adjuster may apply to
 the ,national ,association of          
,registered ,agents and ,brokers for    
,membership for the purpose of licensure
 in each such ,state not in compliance  
with section #b1 provided that such     
independent claims adjuster pays the    
requisite fees1 including licensing     
fees4 ,for purposes of this provision1  
upon such date an independent claims    
adjuster shall be determined to be a    
person that negotiates policies of      
insurance and offers advice1 counsel1   
opinions or services related to         
insurance1 as such terms are used in    
section #ccd7e7 of ,public ,law         
#ajf-ajb1 as amended by section #bjb7;a7
 of ,public ,law #aad-a 7#ae ,u4,s4,c4  
#fgfd7e72 #abi ,stat4 #bg74  #e4        
,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   
upon having passed an exam 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 or  
require an examination as a condition   
for such licensure for the line or lines
 of authority sought1 such term means   
any other ,state in which the           
independent claims adjuster is so       
licensed upon having passed an exam 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 liability1 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 liability1     
disability1 or workers' compensation    
claim1 loss1 or damage on behalf of an  
insurance policy or insurer4  7#c7      
,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#d7 ,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#e7 ,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