Bill Details - HB606 (2019)

HB 606 - AS AMENDED BY THE HOUSE

 

27Feb2019... 0177h

2019 SESSION

19-0661

01/03

 

HOUSE BILL 606

 

AN ACT relative to certain insurance licensing statutes.

 

SPONSORS: Rep. Butler, Carr. 7

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill updates certain insurance licensing statutes.

 

This bill is a request of the insurance department.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0177h 19-0661

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to certain insurance licensing statutes.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Insurance Claims Adjusters; Examination.  Amend RSA 402-B:4 to read as follows:

402-B:4  Examination.  Except as hereinafter provided, the commissioner of insurance shall not issue an original claims adjuster's license to any applicant therefor unless and until said applicant shall have satisfactorily passed a reasonable written examination, which shall be administered by the commissioner, shall be in such form as said commissioner shall prescribe and shall be of sufficient scope to test the applicant's knowledge of insurance, the duties and responsibilities of a licensee, and the laws of the state applicable to insurance.  [The commissioner shall cause such examinations to be given at least 4 times annually.] The commissioner is authorized to publish and distribute printed material indicating the scope of the examination and suggested sources of study.  The commissioner shall collect a fee as established by RSA 400-A:29.

2  Insurance Claims Adjusters; Exceptions.  Amend RSA 402-B:5, II and III to read as follows:

II.  [Residents of the state who (a) have been engaged in the business of insurance claims adjusting prior to the effective date of this act or (b) prove to the commissioner that they have passed a course on insurance conducted by an insurance company or an educational institution which course the commissioner has approved;

III.]  Attorneys-at-law.

3  Insurance Claims Adjusters; Continuing Education.  Amend RSA 402-B:5-a to read as follows:

402-B:5-a  Continuing Education.  Every 2 years, at least 60 days prior to the renewal date of their license, persons holding an adjusters license shall be certified by the insurance department as having completed [20] 24 hours of continuing education instruction.  Of the 24 continuing education hours required, at least 3 hours shall consist of courses approved for adjuster ethics credit.  Licensees with workers' compensation authority shall comply with the approved 10 credit hours of workers' compensation and 10 credit hours of multi-line requirement pursuant to RSA 281-A:63.  Those licensees without workers' compensation authority may satisfy their [20] 24 credit hour requirement exclusively with multi-line approved credits or any combination of approved workers' compensation or multi-line courses.  Such continuing education instruction shall be approved by the insurance department.  If a nonresident licensee has complied with the continuing education requirements of his or her state of residence or designated home state, he or she will not be required to comply with the requirements of this state.

4  Insurance Claims Adjusters; License to Issue.  Amend RSA 402-B:7 to read as follows:

402-B:7  License to Issue.

I.  Upon [satisfying himself] satisfaction that such applicant is in all respects properly qualified and of good character, and that the granting of such license is not against the public interest, the commissioner shall, upon the payment of the required fee, issue said applicant an insurance claims adjuster's license.

II.  Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change.  Change of address shall be accompanied by the fee required pursuant to RSA 400-A:29.

III.  A nonresident insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident’s insurance adjuster license remains in good standing in his or her home state.  Termination of the insurance adjuster’s resident license shall be deemed termination of the New Hampshire nonresident insurance adjuster license unless the adjuster timely files a change of address pursuant to this chapter.

IV.  An adjuster shall report to the commissioner any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter.  This report shall include a copy of the order, consent to order, or other relevant legal documents.

V.  Within 30 days of the initial pretrial hearing date, an adjuster shall report to the commissioner any criminal prosecution of the adjuster taken in any jurisdiction.  The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

5  New Paragraph; Insurance Claims Adjusters; Fees.  Amend RSA 402-B:8 by inserting after paragraph II the following new paragraph:

III.  An individual insurance adjuster who allows his or her license to lapse may, within 24 months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination.  However, a penalty in the amount of double the unpaid renewal fee shall be required for any renewal fee received after the due date, pursuant to RSA 400-A:29.

6  Insurance Claims Adjusters; Expiration.  RSA 402-B:10-a is repealed and reenacted to read as follows:

402-B:10-a  Expiration.  An insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual adjusters are met by the due date.

7  Insurance Claims Adjusters; Temporary License.  Amend RSA 402-B:11 to read as follows:

402-B:11  [Temporary] Expedited License.  In the event of an emergency or disaster, the commissioner of insurance may, in his or her discretion, issue [temporary] licenses to persons [he thinks] the commissioner determines are qualified.  [Said temporary license shall terminate at the discretion of the commissioner or one year from its issuance, whichever is sooner.]  The fee for [said] the [temporary] expedited license shall be the same as that provided in RSA 402-B:8.

8  New Paragraph; Producer Licensing; Nonresident Licensing.  Amend RSA 402-J:8 by inserting after paragraph V the following new paragraph:

VI.  A nonresident insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident’s insurance producer license remains in good standing in his or her home state.  Termination of the producer’s resident license shall be deemed termination of the New Hampshire nonresident producer license unless the producer timely files a change of address pursuant to paragraph II.

9  Sale of Portable Electronics Insurance; Application for License and Fees.  Amend RSA 402-K:7, IV to read as follows:

IV.  Initial licenses issued pursuant to this chapter shall [be valid for a period of 24 months and] expire on the [next June 14 following such registration unless renewed prior to that date] second May 31 from the date of issue.  Renewed licenses shall be effective for 2 years, expiring on May 31.

10  New Paragraph; Sale of Portable Electronics Insurance.  Application for License and Fees.  Amend RSA 402-K:7 by inserting after paragraph V the following new paragraph:

VI.  A portable electronics license which is allowed to lapse may, within 24 months from the due date of the renewal, be reinstated with a penalty in the amount of double the unpaid renewal fee for any renewal received after the due date pursuant to paragraph V.

11  Effective Date.  This act shall take effect January 1, 2020.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 21
Jan. 29, 2019 Public Hearing: 01/29/2019 10:00 am LOB 302
Feb. 6, 2019 Subcommittee Work Session: 02/06/2019 09:30 am LOB 104
Feb. 6, 2019 Executive Session: 02/06/2019 02:00 pm LOB 302
Committee Report: Ought to Pass with Amendment # 2019-0177h (Vote 17-1; CC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0177h for 02/27/2019 (Vote 17-1; CC) HC 13 P. 4
Feb. 27, 2019 Amendment # 2019-0177h: AA VV 02/27/2019
Feb. 27, 2019 Ought to Pass with Amendment 2019-0177h: MA VV 02/27/2019
March 14, 2019 Introduced 03/14/2019 and Referred to Commerce; SJ 9

Action Dates

Date Body Type
Jan. 29, 2019 House Hearing
Feb. 6, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB606 Revision: 4880 Date: Jan. 15, 2019, 3:10 p.m.
HB606 Revision: 5422 Date: Feb. 28, 2019, 3:24 p.m.