House Resolution 119 - Introduced

PAG LIN

                                    H.R. ________ S.R. ________


  1  1                HOUSE RESOLUTION NO.    
  1  2             BY  WISE, PETERSEN, and OLDSON
  1  3 A Resolution expressing opposition to federal legislation
  1  4    that would threaten the power of the states to oversee,
  1  5    regulate, and investigate the business of insurance
  1  6    and to protect consumers.
  1  7    WHEREAS, regulation, oversight, and consumer
  1  8 protection have traditionally and historically been
  1  9 powers reserved to state governments under the federal
  1 10 McCarran=Ferguson Act of 1945; and
  1 11    WHEREAS, state legislatures are more responsive to
  1 12 the needs of their constituents and the need for
  1 13 insurance products and regulation to meet their
  1 14 state's unique market demands; and
  1 15    WHEREAS, many states, including Iowa, have recently
  1 16 enacted and amended state insurance laws to modernize
  1 17 market regulation and provide insurers with greater
  1 18 ability to respond to changes in market conditions;
  1 19 and
  1 20    WHEREAS, state legislatures, the National
  1 21 Conference of Insurance Legislators (NCOIL), the
  1 22 National Association of Insurance Commissioners
  1 23 (NAIC), and the National Conference of State
  1 24 Legislatures (NCSL) continue to address uniformity
  1 25 issues between state insurance laws by adoption of
  1 26 model laws that address market conduct, product
  1 27 approval, agent and company licensing, and rate
  1 28 deregulation; and
  1 29    WHEREAS, initiatives are being contemplated by
  1 30 certain members of the United States Congress that
  2  1 have the potential to destroy the state system of
  2  2 insurance regulation and create an unwieldy and
  2  3 inaccessible federal bureaucracy, all without consumer
  2  4 or constituent demand; and
  2  5    WHEREAS, such initiatives include S. 40/H.R. 3200,
  2  6 titled as the National Insurance Act of 2007, which
  2  7 proposed federal charter legislation would bifurcate
  2  8 insurance regulation and result in a quagmire of
  2  9 federal and state directives that would promote
  2 10 ambiguity and confusion; and
  2 11    WHEREAS, adoption of S. 40/H.R. 3200 would allow
  2 12 companies to opt out of state insurance regulatory
  2 13 oversight and evade important state consumer
  2 14 protections; and
  2 15    WHEREAS, the mechanism that would be established
  2 16 under S. 40/H.R. 3200 does not, and cannot by its very
  2 17 nature, respond as state regulation does, to each
  2 18 state's individual and unique insurance markets and
  2 19 constituent concerns; and
  2 20    WHEREAS, S. 40/H.R. 3200 has the potential to
  2 21 compromise state guaranty fund coverage, and employers
  2 22 could be forced to absorb losses otherwise covered by
  2 23 these safety nets for businesses affected by
  2 24 insolvencies; and
  2 25    WHEREAS, S. 40/H.R. 3200 does not fully guarantee
  2 26 state premium tax revenues in the long term and has
  2 27 the potential to draw premium tax revenue from the
  2 28 states;  NOW THEREFORE,
  2 29    BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
  2 30 That the House of Representatives joins the National
  3  1 Conference of State Legislatures in expressing its
  3  2 strong opposition to S. 40/H.R. 3200 and any other
  3  3 federal legislation that threatens the power of state
  3  4 legislatures, governors, insurance commissioners, and
  3  5 attorney generals to oversee, regulate, and
  3  6 investigate the business of insurance and to protect
  3  7 consumers; and
  3  8    BE IT FURTHER RESOLVED, That a copy of this
  3  9 resolution be printed and forwarded to the members of
  3 10 the Iowa Congressional delegation in the United States
  3 11 House and Senate, and also to members of the United
  3 12 States Senate Committee on Banking, Housing, and Urban
  3 13 Affairs, and the United States House of
  3 14 Representatives Committee on Financial Services.
  3 15 LSB 6584HH 82
  3 16 av/nh/14