00 HOUSE BILL NO. 312 01 "An Act relating to insurance adjuster licensing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 21.27.010(j) is amended to read: 04 (j) This section does not apply to a person who 05 (1) is employed on salary or hourly wage by a person licensed under 06 this section solely for the performance of accounting, clerical, stenographic, and 07 similar office duties; 08 (2) only secures and forwards information required for the purposes of, 09 and does not receive a commission for, any of the following services: 10 (A) performing administrative services related to 11 (i) group life insurance; 12 (ii) group property and casualty insurance; 13 (iii) group annuities; 14 (iv) group or blanket accident and health insurance; 15 (B) enrolling individuals under plans for the types of insurance 01 or annuities specified in (A) of this paragraph; 02 (C) issuing certificates under plans for the types of insurance or 03 annuities specified in (A) of this paragraph, or otherwise assisting in 04 administering those plans; 05 (D) performing administrative services related to mass- 06 marketed property and casualty insurance; 07 (3) is employed on salary by a licensee at the licensee's place of 08 business, is supervised by and reports directly to a licensee in the firm, and who, after 09 explaining that the matter must be reviewed by a licensee, may 10 (A) furnish premium estimates from published or printed lists 11 of standard rates if the person does not advise, counsel, or suggest what 12 coverage may be needed, or otherwise solicit insurance coverage; 13 (B) arrange appointments for a licensee if the person does not 14 solicit insurance coverage; 15 (C) record information from an applicant or policyholder and 16 complete for the licensee's personal review and signature, a certificate of 17 insurance that is not a contract of insurance; the licensee's signature may be by 18 facsimile; 19 (D) inform a policyholder of the type of coverage shown in the 20 licensee's policy record if the person does not advise that an event or 21 hypothetical event is or is not covered; or 22 (E) in the physical presence of the licensee, record information 23 from an applicant or policyholder and complete for a licensee's personal 24 review and personal signature, applications, binders, endorsements, or 25 identification cards if the person discloses to the applicant or policyholder that 26 the applicant or policyholder may review the matter with a licensee; 27 (4) is an employee of an insurer or an organization employed by an 28 insurer and is engaged in the inspection, rating, or classification of risks, or in the 29 supervision of the training of insurance producers and is not individually engaged in 30 the sale, solicitation, or negotiation of insurance; 31 (5) advertises in this state through printed publications or electronic 01 mass media, the distribution of which is not limited to residents of this state, if the 02 person 03 (A) performs no other insurance-related activities in this state; 04 (B) does not intend to solicit in this state; and 05 (C) does not sell, solicit, or negotiate insurance of risks 06 resident, located, or to be performed in this state; 07 (6) is not a resident of this state, but sells, solicits, or negotiates 08 commercial property and casualty insurance for an insured with risks located in more 09 than one state if the person is licensed as an insurance producer in the state where the 10 insured maintains its principal place of business and the contract of insurance covers 11 risks located in that state; 12 (7) is a salaried full-time employee who counsels or advises the 13 person's employer regarding the insurance interests of the employer or of the 14 subsidiaries or business affiliates of the employer, if the employee does not sell or 15 solicit insurance or receive a commission from the sale or solicitation of insurance; 16 (8) is an employer or association or the employer's or association's 17 officer, director, employee, or the trustee of an employee trust plan, if the person is not 18 compensated, directly or indirectly, for transacting insurance and is engaged in the 19 administration or operation of a plan offering employee benefits for the employer's or 20 association's own employees, or the employees of its subsidiaries or affiliates; to 21 qualify under this paragraph, the plan must include insurance for employees; [OR] 22 (9) is an officer, director, or employee of an admitted insurer who does 23 not receive a commission on policies written or sold to risks resident, located, or to be 24 performed in this state if the officer's, director's, or employee's functions are executive, 25 administrative, managerial, clerical, or a combination of these and are only indirectly 26 related to the transaction of insurance; relate to underwriting or loss control; or are in 27 the capacity of an agency supervisor where the activities are limited to providing 28 technical assistance to insurance producers and whose activities do not include 29 transacting insurance; 30 (10) is an employee of a licensed independent adjuster or an 31 employee of an affiliate of a licensed independent adjuster with not more than 25 01 people under the supervision of one licensed independent adjuster or licensed 02 producer who collects or furnishes claim information for portable electronics 03 insurance issued under AS 21.36.515 to insureds or claimants and enters the 04 information into an automated claims adjudication system; the automated claims 05 adjudication system must be a preprogrammed computer system designed for the 06 collection, data entry, calculation, and final resolution of portable electronics 07 insurance claims that 08 (A) may be used only by a licensed independent adjuster, 09 licensed agent, or supervised individuals operating under this section; 10 (B) must comply with the claims payment requirements of 11 this title; and 12 (C) must be certified as compliant with this paragraph by a 13 licensed independent adjuster that is an officer of a licensed entity under 14 this chapter. 15 * Sec. 2. AS 21.27.270(b) is amended to read: 16 (b) Unless the director denies or refuses to renew a license under 17 AS 21.27.410, the director shall issue a nonresident adjuster, producer, limited lines, 18 surplus lines broker, managing general agent, reinsurance intermediary broker, or 19 reinsurance intermediary manager license to a person who is not a resident of this state 20 if 21 (1) the person is currently licensed and is in good standing in the 22 person's home state; the director may verify the person's licensing status through the 23 producer licensing database records maintained by the National Association of 24 Insurance Commissioners or its affiliates or subsidiaries; 25 (2) the person has paid the fees required under AS 21.06.250 and has 26 submitted to the director 27 (A) the license application the person submitted to the person's 28 home state; or 29 (B) if the person is not a firm, a completed uniform application 30 or, if a firm, the uniform business entity application; and 31 (3) the person's home state awards nonresident adjuster, producer, 01 limited lines, surplus lines, managing general agent, reinsurance intermediary broker, 02 and reinsurance intermediary manager licenses to residents of this state on the same 03 basis as does this state. 04 * Sec. 3. AS 21.27.270 is amended by adding new subsections to read: 05 (h) A nonresident applicant for an independent adjuster license who is 06 licensed as an independent adjuster and in good standing in the applicant's home state 07 does not have to meet the requirements of AS 21.27.060 or 21.27.830 to be licensed 08 under this section. A resident of Canada may not be licensed as an independent 09 adjuster under this section unless the applicant has obtained a resident independent 10 adjuster license in another state or declared another state the applicant's home state 11 and obtained an independent adjuster license in that state. 12 (i) If a nonresident independent adjuster applicant's home state does not 13 license independent adjusters, the independent adjuster applicant may designate the 14 applicant's home state as any state in which the applicant is licensed in good standing. 15 * Sec. 4. AS 21.27.900(10) is amended to read: 16 (10) "home state" means the District of Columbia or a state or territory 17 of the United States in which an insurance producer or independent adjuster 18 maintains the insurance producer's or independent adjuster's principal place of 19 residence or principal place of business and is licensed to act as an insurance producer 20 or independent adjuster;