National Association of Registered Agents and Brokers Reform Act of 2010

Bill: 111-hr-2554
Sponsor: Rep. Scott, David [D-GA-13]
Introduced: 2009-05-21 in the House
Policy area: Finance and Financial Sector
Subjects: Consumer affairs
Criminal justice information and records
Government corporations and government-sponsored enterprises
Insurance industry and regulation
State and local government operations

Summary:
action_date: 2009-05-21
text: 
National Association of Registered Agents and Brokers Reform Act of 2009 - Amends the Gramm-Leach-Bliley Act to reestablish the National Association of Registered Agents and Brokers (NARAB) as a nonprofit corporation to prescribe, on a multi-state basis, licensing and insurance producer qualification requirements and conditions. 
 
Retains states' regulatory authority over: (1) licensing, supervision, disciplining, and setting of licensing fees for insurance producers; and (2) insurance-related consumer protection and unfair trade practices.
 
Authorizes NARAB to: (1) establish membership criteria, including a mandatory criminal background check for state-licensed insurance producers; and (2) deny membership to a state-licensed insurance producer on the basis of the criminal history information obtained.
 
Grants NARAB enforcement powers, including denial of membership to any state-licensed insurance producer for failure to meet membership criteria.
 
 
 States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities.
 
Retains state regulatory jurisdiction regarding consumer protection and market conduct. 
 
Requires NARAB to establish an office of consumer complaints, including a toll-free telephone number.
 

 
Authorizes NARAB to coordinate with state insurance regulators to: (1) establish a central clearinghouse; and (2) establish a national database for the collection of regulatory information concerning the activities of insurance producers.

action_date: 2010-03-03
text: 
National Association of Registered Agents and Brokers Reform Act of 2010 - Amends the Gramm-Leach-Bliley Act to reestablish the National Association of Registered Agents and Brokers (NARAB) as a nonprofit corporation to prescribe, on a multistate basis, licensing and insurance producer qualification requirements and conditions. 
 
Retains states' regulatory authority over: (1) licensing, supervision, disciplining, and setting of licensing fees for insurance producers; and (2) insurance-related consumer protection and unfair trade practices.
 
Makes any state-licensed insurance producer eligible to become a NARAB member. Denies an insurance producer NARAB membership-eligibility, however, if a state insurance regulator has suspended or revoked the producer's license during the three-year period preceding the date on which such producer applies for membership. Prescribes requirements for resumption of eligibility.
 
Preconditions NARAB membership eligibility upon a national criminal background record check that complies with regulations prescribed by the Attorney General.
 
Requires NARAB, upon request, to submit to the Federal Bureau of Investigation (FBI): (1) identification information obtained from an insurance producer; and (2) a request for a national criminal background record check of the producer.
 

 
Requires the Attorney General, upon NARAB request, to search all records of the FBI Criminal Justice Information Services Division for criminal history records and to provide all pertinent information to the NARAB.
 
Grants a producer the right to access such records. Prescribes civil and criminal penalties for their improper use or disclosure.
 
Directs the Attorney General to prescribe implementing regulations, including protections for ensuring the confidentiality of information and opportunity for a producer to contest the accuracy of information. 
 
Authorizes NARAB to establish membership criteria and separate classes and categories of membership.
 
States that NARAB membership authorizes an insurance producer to engage in the business of insurance in any state for any lines of insurance specified in the producer's home state license, including claims adjustments and settlement, risk management, and specified insurance-related consulting activities.
 
Prohibits duplicative state licenses.
 
Retains state regulatory jurisdiction regarding consumer protection, unfair trade practices, and market conduct.
 
Makes NARAB membership renewable biennially.
 
Requires NARAB to establish continuing education requirements as a condition of membership.
 
Requires NARAB to notify the National Association of Insurance Commissioners (NAIC) when a producer's membership has been suspended, revoked, and otherwise terminated.
 
Requires NARAB to establish an office of consumer complaints, including a toll-free telephone number.
 
Creates a board of directors for NARAB.
 
Preempts state laws purporting to regulate insurance producers.
 
Authorizes NARAB to coordinate with state insurance regulators to establish: (1) a central clearinghouse (or use the NAIC or any other appropriate entity as one); and (2) a national database for the collection of regulatory information concerning the activities of insurance producers (or contract with the NAIC or any other entity to utilize such a database).


Legislative actions:
action_date: 2010-03-04
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2010-03-03
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-03-03
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1071-1075)
action_date: 2010-03-03
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1071-1075)
action_date: 2010-03-03
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2554.
action_date: 2010-03-03
text: Considered under suspension of the rules. (consideration: CR H1071-1076)
action_date: 2010-03-03
text: Mr. Scott (GA) moved to suspend the rules and pass the bill, as amended.
action_date: 2009-05-21
text: Referred to the House Committee on Financial Services.
action_date: 2009-05-21
text: Introduced in House
action_date: 2009-05-21
text: Introduced in House