TWO PIECES OF U.S. HOUSE LEGISLATION
Received from Wiggin & Dana
Non-admitted and Reinsurance Reform Act of 2009
Title I: Non-Admitted Insurance
(Sec. 101)
- Prohibits any state, other than the home state of an insured, from requiring a premium tax
payment for non-admitted insurance.
- Authorizes states to establish procedures to allocate among themselves the premium taxes paid
to an insured's home state.
- Declares that Congress intends that each state adopt nationwide uniform requirements, forms,
and procedures, such as an interstate compact, that provide for the reporting, payment,
collection, and allocation of premium taxes for non-admitted insurance consistent with this Act.
- Allows an insured's home state to require surplus lines brokers and certain insureds to file
annual tax allocation reports detailing the portion of the non-admitted insurance premiums
attributable to properties, risks, or exposures located in each state.
(Sec. 102)
- Subjects non-admitted insurance solely to the regulatory requirements of the insured's home
state.
- Declares that only an insured's home state may require a surplus lines broker to be licensed
to conduct non-admitted insurance business with respect to such insured.
- Declares that state law, rule, or regulation that restricts the placement of workers'
compensation insurance or excess insurance for self-funded workers' compensation plans with a
non-admitted insurer is not preempted.
(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), or any other
equivalent uniform national database.
(Sec. 104)
- Prohibits a state from establishing eligibility criteria for non-admitted insurers domiciled in
a U.S. jurisdiction except in conformance with the Non-Admitted Insurance Model Act, unless the
state has adopted nationwide uniform requirements, forms, and procedures developed in accordance
with this Act that include alternative nationwide uniform eligibility requirements.
- Prohibits a state from prohibiting a surplus lines broker from placing non-admitted insurance
with, or procuring non-admitted insurance from, a non-admitted insurer domiciled outside the
United States and listed on the NAIC International Insurers Department Quarterly Listing of
Alien Insurers.
(Sec. 105)
- Cites conditions with which a surplus lines broker seeking to procure or place non-admitted
insurance in a state for an exempt commercial purchaser must comply in order to win exemption
from any state requirement to make a due diligence search to determine whether the full amount
or type of insurance sought by such exempt commercial purchaser can be obtained from admitted
insurers.
(Sec. 106)
- Requires Comptroller General to study and report to Congress on the non-admitted insurance
market in order to determine the effect of this title upon the size and market share of the
non-admitted 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) recognizes credit for reinsurance for the insurer's
ceded risk, and: (1) is either an NAIC-accredited state; or (2) has financial solvency
requirements substantially similar to NAIC accreditation requirements.
(Sec. 202)
- Reserves to a reinsurer's state of domicile the sole responsibility for regulating the
reinsurer's financial solvency if such state is either NAIC-accredited, or has financial
solvency requirements substantially similar to NAIC.
- Prohibits a state from requiring a reinsurer to provide financial information other than that
required to be filed with its NAIC-compliant domiciliary state.
Title III: Rule of Construction
(Sec. 301)
- Prohibits any construction of this Act to modify, impair, or supersede the application of the
antitrust laws. States that any implied or actual conflict between this Act and any amendments
to this Act and the antitrust laws shall be resolved in favor of the operation of the antitrust
laws.
Wind Energy Research and Development Act of 2009
Directs the Secretary of Energy to carry out a research and development program to:
(1) improve the energy efficiency, reliability, and capacity of wind turbines;
(2) optimize the design and adaptability of wind energy systems to the broadest practical range of
atmospheric conditions; and
(3) reduce the cost of construction, generation, and maintenance of wind energy systems.
Requires the program to focus on research and development of specified areas, including:
(1) new materials and designs to make larger, lighter, less expensive, and more reliable rotor
blades;
(2) technologies to improve gearbox performance and reliability;
(3) automation, materials, and assembly of large-scale components to reduce manufacturing costs;
(4) advanced generators;
(5) wind technology for offshore applications;
(6) methods to assess and mitigate the effects of wind energy systems on radar and electromagnetic
fields; and
(7) wind turbines with a maximum electric power production capacity of 100 kilowatts or less.
Directs the Secretary to conduct a wind energy demonstration program that:
(1) is of sufficient size to measure wind energy system performance under the full productive range
of wind conditions in the United States; and
(2) includes demonstration projects conducted in collaboration with industry that yield data that is
useful for the research and development program.
Requires the Secretary to carry out such demonstration program in compliance with provisions of the
Energy Policy Act of 2005 regarding cost sharing and merit review of proposals
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