Senate Bill 2193

(As Passed the Senate)

AN ACT TO AMEND SECTION 27-15-97, MISSISSIPPI CODE OF 1972, TO REVISE THE PRIVILEGE LICENSE TAX UPON EACH PERSON, COMPANY, FIRM OR ASSOCIATION ENGAGED IN THE BUSINESS OF ADJUSTING INSURED LOSSES; TO AMEND SECTION 83-17-401, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "WORKERS' COMPENSATION ADJUSTER" AS USED IN THE ARTICLE WHICH PROVIDES FOR THE LICENSING OF INSURANCE ADJUSTERS; TO AMEND SECTION 83-17-415, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE ADJUSTERS; TO AMEND SECTION 83-17-419, MISSISSIPPI CODE OF 1972, TO CHANGE THE LICENSE PERIOD TO A BIENNIAL ISSUANCE AND RENEWAL PERIOD; TO AMEND SECTION 83-17-513, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTINUING EDUCATION REQUIREMENTS FOR PUBLIC ADJUSTERS; TO AMEND SECTION 83-17-517, MISSISSIPPI CODE OF 1972, TO CHANGE THE LICENSE PERIOD TO A BIENNIAL ISSUANCE AND RENEWAL PERIOD FOR PUBLIC ADJUSTERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-15-97, Mississippi Code of 1972, is amended as follows:

27-15-97. Upon each incorporated company, firm or association engaged in the business of adjusting any insured losses. $ * * *~~200.00~~ 400.00.

Upon each person engaged in the business of adjusting any insured losses.......................................... $ * * * ~~50.00~~100.00.

This section shall not apply to officers or salaried employees of insurers nor to special or other agents of licensed insurers who adjust for the insurers they represent.

SECTION 2. Section 83-17-401, Mississippi Code of 1972, is amended as follows:

83-17-401. As used in this article, unless the context otherwise requires:

(a) "Adjuster" means any person who, as an independent contractor, or as an employee of an independent contractor, adjustment bureau, association, insurance company or corporation, managing general agent or self-insured, investigates or adjusts losses on behalf of either an insurer or a self-insured, or any person who supervises the handling of claims. "Adjuster" shall not include:

(i) An attorney-at-law who adjusts insurance losses from time to time and incidental to the practice of law, and who does not advertise or represent that he is an adjuster;

(ii) A salaried employee of an insurer who is regularly engaged in the adjustment, investigation or supervision of insurance claims;

(iii) Persons employed only for the purpose of furnishing technical assistance to a licensed adjuster, including, but not limited to, photographers, estimators, private detectives, engineers, handwriting experts and attorneys-at-law;

(iv) A licensed agent or general agent of an authorized insurer who processes undisputed or uncontested losses, or both, for such insurer under policies issued by the licensed agent or general agent;

(v) A person who performs clerical duties with no negotiations with the parties on disputed or contested claims, or both;

(vi) Any person who handles claims arising under life, accident and health insurance policies;

(vii) Any person who is a multiperil crop insurance adjuster; or

(viii) Any person who collects claim information from, or furnishes claim information to, insureds or claimants, and who performs data entry including entering data into an automated claims adjudication system, if the person is an employee of a licensed independent adjuster or its affiliate where no more than twenty-five (25) such persons are under the supervision of one (1) licensed independent adjuster or licensed agent. A licensed agent who is acting as a supervisor and adjusting portable electronics insurance claims in accordance with this subparagraph does not need to be licensed as an adjuster.

(b) "Insurer" means any insurance company or self-insured.

(d) "Automated claims adjudication system" means a preprogrammed computer system designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims which:

(i) May only be utilized by a licensed independent adjuster, licensed agent or supervised persons operating in accordance with paragraph (a)(viii) of this section; and

(ii) Must comply with all claims payment requirements of the insurance code; and must be certified as compliant with this section by a licensed independent adjuster that is an officer of a licensed business entity under this chapter.

(e) "Workers' compensation adjuster" means an adjuster whose scope of licensure is limited to workers' compensation insurance. A workers' compensation adjuster may not represent an insured individual. A workers' compensation adjuster must comply with all licensing and continuing education requirements as are prescribed by the commissioner pursuant to this article.

SECTION 3. Section 83-17-415, Mississippi Code of 1972, is amended as follows:

83-17-415. The commissioner shall adopt a procedure for certifying continuing education programs. * * * Each individual seeking renewal of an adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of an adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses, of which three (3) hours shall have a course concentration in ethics.

SECTION 4. Section 83-17-419, Mississippi Code of 1972, is amended as follows:

83-17-419. (1) * * * The privilege license of an individual to act as an adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee's birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as an adjuster shall continue from the date of issuance until May 31, in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.

(2) Each adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the adjuster.

SECTION 5. Section 83-17-513, Mississippi Code of 1972, is amended as follows:

83-17-513. The commissioner shall adopt a procedure for certifying continuing education programs for public adjusters. * * * Every individual seeking renewal of a public adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of a public adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses of which three (3) hours shall have a course concentration in ethics.

SECTION 6. Section 83-17-517, Mississippi Code of 1972, is amended as follows:

83-17-517. (1) * * * The privilege license of an individual to act as a public adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee's birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as a public adjuster shall continue from the date of issuance until May 31 in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.

(2) Each public adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, prior to the expiration date, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the public adjuster.

SECTION 7. This act shall take effect and be in force from and after July 1, 2016.