HR 5637 · 109th Congress 2005–2007, ended

Nonadmitted and Reinsurance Reform Act of 2006

Latest action · Nov 13, 2006 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 19, 2006
  2. Passed HouseSep 27, 2006
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Nonadmitted and Reinsurance Reform Act of 2006 - Title I: Nonadmitted Insurance - (Sec. 101) Prohibits any state other than the home state of an insured from requiring a premium tax payment for nonadmitted insurance (property and casualty insurance, usually for unique or hard-to-place risks, permitted to be placed directly or through a surplus lines broker with an eligible nonadmitted insurer, that is, an insurer not licensed to engage in the insurance business in a state).

Authorizes states to enter into a compact or otherwise establish procedures to allocate among them the premium taxes paid to an insured's home state.

Declares that Congress intends that each state adopt a nationwide or uniform procedure, such as an interstate compact, that provides for the reporting, payment, collection, and allocation of premium taxes for nonadmitted insurance.

Allows an insured's home state to require surplus lines brokers (licensed in a state to sell, solicit, or negotiate insurance with nonadmitted insurers) and insureds who have independently procured insurance to file tax allocation reports annually with the insured's home state detailing the portion of the nonadmitted insurance policy premium or premiums attributable to properties, risks or exposures located in each state.

(Sec. 102) Subjects nonadmitted insurance solely to the regulatory requirements of the insured's home state.

Declares that only an insured's home state may: (1) require a surplus lines broker to be licensed to sell, solicit, or negotiate nonadmitted insurance with respect to such insured; or (2) enforce regulations governing nonadmitted insurance. Exempts workers' compensation insurance from the home state preemption.

(Sec. 103) Prohibits a state from collecting fees relating to licensure of a surplus lines broker in the state unless it has a regulatory mechanism in effect for participation in the national insurance producer database of the National Association of Insurance Commissioners (NAIC).

(Sec. 104) Prohibits a state from: (1) establishing eligibility criteria for nonadmitted insurers domiciled in a U.S. jurisdiction except in conformance with the Non-Admitted Insurance Model Act; or (2) prohibiting a surplus lines broker from placing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer domiciled outside the United States and listed on the NAIC International Insurers Department Quarterly Listing of Alien Insurers.

(Sec. 105) Prescribes conditions under which a surplus lines broker seeking to procure or place nonadmitted insurance in a state for an exempt commercial purchaser shall not be required to satisfy any state requirement to make a due diligence search to determine whether the full amount or type of insurance sought by the exempt commercial purchaser can be obtained from admitted insurers.

Defines exempt commercial purchaser as any person purchasing commercial insurance that: (1) employs or retains a qualified risk manager to negotiate insurance coverage; (2) has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months; and (3) meets at least one of certain net worth, revenue, employee, or annual expenditure criteria, or is a municipality with a population of over 50,000.

(Sec. 106) Directs the Comptroller General to study and report to certain congressional committees regarding the nonadmitted insurance market to determine effect of this Act upon the size and market share of the nonadmitted insurance market for providing coverage typically provided by the admitted insurance market.

Title II: Reinsurance - (Sec. 201) Prohibits a state from denying credit for reinsurance if the state of domicile of an insurer purchasing reinsurance (ceding insurer): (1) is either an NAIC-accredited state; or (2) has financial solvency requirements substantially similar to NAIC accreditation requirements and recognizes credit for reinsurance for the insurer's ceded risk.

Preempts the extraterritorial application of the law of a state other than the ceding insurer's state of domicile to the extent that such law prescribes certain restrictions or requirements.

(Sec. 202) Reserves to the state of domicile of a reinsurer sole responsibility for regulating the reinsurer's financial solvency if the state is NAIC-accredited, or has financial solvency requirements substantially similar to NAIC accreditation requirements.

Prohibits a state from requiring a reinsurer to provide any additional financial information other than that required to file with its NAIC-compliant domiciliary state.

Title III: Rule of Construction - Declares that this Act shall not be construed to modify, impair, or supersede the application of the antitrust laws.

Requires any implied or actual conflict between this Act and any amendments to this Act and the antitrust laws to be resolved in favor of the operation of the antitrust laws.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 492Passed417–0Sep 27, 2006

Cosponsors 20

Members who signed on, in the order they did. Signatures ran from Jun 19, 2006 to Jul 18, 2006; 16 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-ORDarlene HooleyOriginalJun 19, 2006
D-GADavid ScottOriginalJun 19, 2006
D-FLDebbie Wasserman SchultzOriginalJun 19, 2006
D-KSDennis MooreOriginalJun 19, 2006
D-NYJoseph CrowleyOriginalJun 19, 2006
R-ILJudy BiggertOriginalJun 19, 2006
D-ILMelissa L. BeanOriginalJun 19, 2006
R-PAMichael G. FitzpatrickOriginalJun 19, 2006
R-TXPete SessionsOriginalJun 19, 2006
R-LARichard H. BakerOriginalJun 19, 2006
R-AZRick RenziOriginalJun 19, 2006
R-ALSpencer BachusOriginalJun 19, 2006
D-NYSteve IsraelOriginalJun 19, 2006
D-PATim HoldenOriginalJun 19, 2006
R-FLTom FeeneyOriginalJun 19, 2006
R-NYVito FossellaOriginalJun 19, 2006
R-OHPaul E. GillmorJun 21, 2006
R-NCPatrick T. McHenryJun 26, 2006
R-CAJohn CampbellJul 17, 2006
R-ILDonald A. ManzulloJul 18, 2006

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Referred Jun 19, 2006Markup Jul 26, 2006Reported Sep 13, 2006
Capital Markets Subcommittee
Referred Jul 18, 2006Markup Jul 19, 2006Reported Jul 19, 2006
HouseJudiciary Committee
Referred Jun 19, 2006Discharged Sep 22, 2006
Commercial and Administrative Law Subcommittee
Referred Sep 18, 2006Hearings Sep 19, 2006
SenateBanking, Housing, and Urban Affairs Committee
Referred Nov 13, 2006

Actions 23

Everything that happened, newest first.

  1. Nov 13, 2006Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  2. Sep 28, 2006Received in the Senate.
  3. Sep 27, 2006Mr. Oxley moved to suspend the rules and pass the bill, as amended.
  4. Sep 27, 2006Considered under suspension of the rules. (consideration: CR H7561-7565)
  5. Sep 27, 2006DEBATE - The House proceeded with forty minutes of debate on H.R. 5637.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Aug 11, 2006H.R. 5637, Nonadmitted and Reinsurance Reform Act of 2006<p>Cost estimate for the bill as ordered reported by the House Committee on Financial Services on July 26, 2006</p>
  2. Aug 11, 2006H.R. 5637, Nonadmitted and Reinsurance Reform Act of 2006Cost estimate for the bill as ordered reported by the House Committee on Financial Services on July 26, 2006

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 109-143NONADMITTED AND REINSURANCE REFORM ACT OF 200642 pagesJudiciary CommitteeSep 19, 2006
Serial No. 109-119STABILIZING INSURANCE MARKETS FOR COASTAL CONSUMERS183 pagesFinancial Services CommitteeSep 13, 2006
S. Hrg. 109-1064INSURANCE REGULATION REFORM152 pagesBanking, Housing, and Urban Affairs CommitteeJul 11, 2006
Serial No. 109-101COMMERCIAL INSURANCE MODERNIZATION113 pagesFinancial Services CommitteeJun 21, 2006

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
RS22506Surplus Lines Insurance: Background and Current Legislation ArchivedReportJul 22, 2010

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To streamline the regulation of nonadmitted insurance and reinsurance, and for other purposes.
Short Titles as Introduced
Nonadmitted and Reinsurance Reform Act of 2006
Short Titles as Reported to House
Nonadmitted and Reinsurance Reform Act of 2006
Short Titles as Passed House
Nonadmitted and Reinsurance Reform Act of 2006

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 4

Each version as it was printed, newest first.

  1. Nov 13, 2006Referred in Senate
  2. Sep 27, 2006Engrossed in House
  3. Sep 22, 2006Reported in House
  4. Jun 19, 2006Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.