Legislative Proposals
DPFR-4
STATE OF MAINE
IN THE YEAR OF OUR LORD
TWO THOUSAND AND SEVEN
________________
____ L.D. ____
AN ACT to Adopt the National Association of Insurance Commissioners
(NAIC)
Authorization for Criminal History Record Check Model Act.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §1410, sub-§9, is enacted to read:
9. Fingerprints. An individual
applying for a resident insurance producer, adjuster or consultant license
must comply with applicable fingerprinting requirements as set forth
in subchapter IV-A.
Sec. 2. 24-A MRSA §1420-E, sub-§1, as enacted
by PL 2001, c. 259, §24, is amended to read:
1. Uniform application. An individual applying for
a resident insurance producer license shall apply to the superintendent
on the uniform application and declare under penalty of refusal, suspension
or revocation of the license that the statements made in the application
are true, correct and complete to the best of the individual's knowledge
and belief. Before approving the application, the superintendent must
find that the individual:
A. Is at least 18 years of age;
B. Has not committed any act that is a ground for denial, suspension
or revocation set forth in section 1420-K;
C. When required by the superintendent, has completed the prelicensing
requirements for the lines of authority for which the person has applied,
as set forth in section 1410;
D. Has paid any required fees set forth in section 601; and
E. Has successfully passed the examinations for the lines of authority
for which the person has applied.;
and
F. Has complied with applicable fingerprinting
requirements as set forth in subchapter IV-A.
Sec. 3. 24-A MRSA §1424-A, sub-§1, as enacted
by PL 2001, c. 259, §29, is amended to read:
1. Application. An individual applying for an insurance
adjuster or consultant license shall apply to the superintendent on
a form as determined by the superintendent and declare under penalty
of refusal, suspension or revocation of the license that the statements
made in the application are true, correct and complete to the best of
the individual's knowledge and belief. Before approving the application,
the superintendent must find that the individual:
A. Has complied with the requirements of subchapter V in the case
of consultants and subchapter VI in the case of adjusters;
B. Has not committed any act that is a ground for denial, suspension
or revocation set forth in sections 1417 and 1420-K;
C. Has completed any prelicensing requirements for the license for
which the person has applied, as specified in subchapter II;
D. Has paid any required fees set forth in section 601; and
E. Has successfully passed the examinations for the license for which
the person, if a resident, has applied.;
and
F. Has complied with applicable fingerprinting
requirements as set forth in subchapter IV-A.
Sec. 4. 24-A MRSA c. 16, sub-c. IV-A is enacted to
read:
SUBCHAPTER IV-A
MAINE PRODUCER, ADJUSTER
AND CONSULTANT CRIMINAL
HISTORY RECORD CHECK ACT
§1455. Purpose and scope
1. Purpose. The purpose of this Act is to set forth
the requirements for the superintendent to obtain access to the Criminal
Justice Information Services Division of the Federal Bureau of Investigation
(FBI) criminal history record information and secure information or
reports from the Criminal Justice Information Services Division of the
FBI.
2. Scope. The scope of this Act is to set forth
the applicability of the criminal history record check to applicants
for resident individual producer, adjuster, or consultant licenses under
sections 1420-E and 1424-A.
§1456. Definitions
When used in this subchapter:
1. “Applicant” means a natural person
applying for any of the following:
A. An initial license as a resident insurance
producer, adjuster or consultant;
B. An additional line of authority under an existing
resident insurance producer or consultant license where a criminal
history record check has not been obtained; or
C. A resident insurance producer, adjuster or
consultant license under change of home state provisions pursuant
to section 1420-H.
2. “Fingerprints” means an impression of the lines on
the finger taken for the purpose of identification. The impression
may be electronic or in ink converted to an electronic format.
§1457. Authorization of the Superintendent
1. In order to make a determination of license
eligibility, the superintendent is authorized to require fingerprints
of applicants and submit such fingerprints and the fee required to
perform the criminal history record checks to the Department of Public
Safety and the FBI for state and national criminal history record
checks.
2. The superintendent must require a criminal history record check
on each applicant in accordance with this subchapter. The superintendent
must require each applicant to submit a full set of fingerprints (including
a scanned file from a hard copy fingerprint) in order for the superintendent
to obtain and receive National Criminal History Records from the FBI
Criminal Justice Information Services Division.
3. The superintendent may contract for the collection and transmission
of fingerprints authorized under this subchapter. If the superintendent
does so, the superintendent may order the fee for collecting and transmitting
fingerprints to be payable directly to the contractor by the applicant.
The superintendent may agree to a reasonable fingerprinting fee to
be charged by the contractor.
4. The superintendent is authorized to receive criminal history record
information in lieu of the Department of Public Safety or other state
law enforcement agency that submitted the fingerprints to the FBI.
§1458. Confidentiality
The superintendent shall treat and maintain an
applicant’s fingerprints and any criminal history record information
obtained under this subchapter as confidential and shall apply security
measures consistent with the Criminal Justice Information Services
Division of the Federal Bureau Investigation standards for the electronic
storage of fingerprints and necessary identifying information and
limit the use of records solely to the purposes authorized in this
subchapter. The fingerprints and any criminal history record information
is not a public record within the meaning of Title 1, chapter 13,
subchapter I, shall not be subject to subpoena other than one issued
in a criminal action or investigation, shall be confidential by law
and privileged, and shall not be subject to discovery or admissible
in evidence in any private civil action.
§1459. Rules
The superintendent may adopt reasonable rules for
the implementation and administration of this subchapter. Rules adopted
pursuant to this subchapter are routine technical rules as defined
in Title 5, chapter 375, subchapter II-A.
SUMMARY
This bill adopts an NAIC Model Act to add a fingerprinting and criminal
background check to the requirements for resident insurance producer,
adjuster, and consultant licensing, through authorizing language that
is intended to satisfy Federal requirements for the FBI’s release
of such information for this purpose. Particularly with regard to producers,
the fingerprinting and background check as provided for in the Model
Act relate directly to an aspect of complying with national uniformity
standards.
