,i #aafth ,,congress #ast ,session ,h4 ,r4 #djcg ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,kustoff of ,tennessee 7for himself and ,mr4 ,foster7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote 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 #d1 or in the case of crop adjusting section #f1 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 7,c7 crop insurance 7to the extent that a ,state licenses crop insurance adjusters2 and 7,d7 such other lines as a ,state may choose to regulate2 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 ,compliance 7#a7 ,determination ,a ,state shall be considered to be in compliance with subsection 7a7 for purposes of this ,act if the ,state1 before the expiration of the #d-year period beginning on the date of the enactment of this ,act1 publishes a finding that it is in compliance with the provision4 ,any such publication shall be made following notice by the ,state of its intention to publish the finding1 and the ,state's acceptance of comments on the proposed finding4 ,after notice required by this paragraph1 a ,state agency shall give interested persons an opportunity to participate through submission of written data1 views1 or arguments4 ,after consideration of the relevant matter presented1 the agency shall incorporate in the finding adopted a concise general statement of the basis and purpose and shall respond to the comments it received in detail4 7#b7 ,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 7other than crop adjusters7 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 ,waiver of license renewal in certain circumstances ,if a natural person1 while licensed or applying to be licensed to adjust claims pursuant to any ,state statute enters the military service of the ,united ,states and is in that service at a time prescribed for the filing of a renewal application or payment of a licensing fee1 the filing of that application and the payment of the fee shall be waived1 and the license held by that licensee at the time of his or her entry into military service shall remain in force during the period of that military service and until the end of the license year in which he or she is released from that service1 but not for less than six months after that release4 ,during that period1 that person may secure a license of the type held by him or her on his or her entry into military service upon the filing of an application and paying the fee therefor without the necessity of taking an examination or paying a penalty4 #f4 ,crop adjusting ,in the case of any ,state that requires and issues licenses for independent crop insurance 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 adjust claims in such ,state for crop insurance provided that the crop adjuster has met the certification requirements of the ,federal ,crop ,insurance ,corporation in his or her home ,state or designated home ,state1 as established by the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 and provided that such crop adjuster pays the requisite fees1 including ,state licensing fee4 #g4 ,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 crop loss1 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 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