SB329,4,23 (2) Application. An individual may apply for the registration required under sub. (1) by completing a form prescribed by the commissioner. The form shall require the individual to provide the individual's social security number and all documentation the commissioner determines is necessary and appropriate. The commissioner shall approve the individual's registration application if the commissioner determines the individual satisfies all the following conditions:

SB329,4,25 (a) The individual has not committed any act that warrants the denial, suspension, revocation, or nonrenewal of a registration under s. 629.13.

SB329,5,2 (b) The individual provides proof that he or she is trustworthy, reliable, financially responsible, and of good reputation.

SB329,5,3 (c) The individual pays the fee under s. 601.31 (1) (z).

SB329,5,6 (d) The individual maintains a home office in the individual's state of residence and is available to the public at that office through reasonable appointment hours or regular business hours.

SB329,5,7 (e) The individual is at least 18 years of age.

SB329,5,8 (f) The individual meets the requirement of s. 629.03.

SB329,5,11 (g) The individual supplies a bond that meets specifications established by the commissioner to guarantee faithful performance of the individual's duties and obligations as a public adjuster.

SB329,5,15 (h) If the individual is not a resident of this state, the individual agrees to be subject to the jurisdiction of the commissioner and the courts of this state and to the commissioner's rules and orders with service of process as provided under ss. 601.72 and 601.73.

SB329,5,17 (3) Exceptions. Subsection (1) does not apply to any of the following individuals:

SB329,5,19 (a) An attorney admitted to practice in this state while acting in the professional capacity as an attorney.

SB329,5,21 (b) An individual who negotiates or settles claims arising under a life or disability insurance policy or an annuity contract.

SB329,5,24 (c) An individual employed solely for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a public adjuster, including a photographer, estimator, private investigator, engineer, or handwriting expert.

SB329,5,25 (d) An individual who settles subrogation claims between insurers.

SB329,6,2 (e) An individual who is licensed as an intermediary under s. 628.04 or 628.09 while acting in the professional capacity as an intermediary.

SB329,6,10 (4) Renewal. A registration under sub. (2) shall remain in effect for 2 years from the date of issuance, unless it is revoked or suspended by the commissioner under s. 629.13. An individual may renew a registration by submitting, prior to the registration's expiration date, a request for renewal to the commissioner in the form prescribed by the commissioner. The request shall include evidence of compliance with s. 629.11 and payment of the fee under s. 601.31 (1) (zb). An individual who fails to renew a registration prior to the expiration date may reapply for registration under sub. (2).

SB329,6,17 629.03 Examination. (1) Prior to the commissioner approving an individual's registration under s. 629.02 (2), the individual shall pass a written examination that tests knowledge of the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state. The examination shall be conducted as prescribed by the commissioner and require payment of the fee under s. 601.31 (1) (zc). The commissioner may contract with an outside testing service for administering the examination and collecting the fee.

SB329,6,23 (2) An individual who is not a resident of this state and who is a licensed or registered public adjuster in the individual's state of residence and was required to pass a written examination to obtain that license or registration may request the commissioner to accept proof of the examination's passage as fulfilling the requirement under sub. (1). The commissioner may approve the request if the individual's license or registration in that state is in good standing.

SB329,7,3 629.04 Contract requirements. (1) A public adjuster may not perform any adjusting service for an insured prior to entering into a contract with the insured. The contract shall be in writing, be titled “Public Adjuster Contract,” and be on a form filed with the commissioner under s. 631.20 (1m). The contract shall include all of the following:

SB329,7,6 (a) The public adjuster's full name, state of residence, permanent principal business street address, telephone number, and registration number assigned by the commissioner.

SB329,7,7 (b) The insured's full name, street address, insurer name, and policy number.

SB329,7,8 (c) A description of the loss and its location.

SB329,7,10 (d) The date and time the contract was signed by the public adjuster and the insured.

SB329,7,12 (e) An attestation by the public adjuster that he or she is fully bonded pursuant to state law.

SB329,7,14 (f) A disclosure of the compensation the public adjuster is to receive in accordance with s. 629.05.

SB329,7,16 (g) A provision allowing the insured to void the contract in accordance with sub. (3).

SB329,7,18 (h) A statement that the contract shall constitute the entire agreement between the public adjuster and the insured.

SB329,7,20 (2) A contract under sub. (1) may not require the insured to do any of the following:

SB329,7,21 (a) Authorize an insurer to issue a check only in the name of the public adjuster.