15 U.S.C. § 6760 — Relationship to State law

Page 2287 TITLE 15—COMMERCE AND TRADE § 6760 Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6761 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6758, Pub. L. 106–102, title III, § 328, Nov. 12, 1999, 113 Stat. 1427, related to bylaws, rules, and disciplinary action, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6755 of this title. § 6759. Presidential oversight (a) Removal of Board If the President determines that the Associa- tion is acting in a manner contrary to the inter- ests of the public or the purposes of this sub- chapter or has failed to perform its duties under this subchapter, the President may remove the entire existing Board for the remainder of the term to which the Board members were ap- pointed and appoint, in accordance with section 6754 of this title and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, new Board members to fill the vacancies on the Board for the remainder of the terms. (b) Removal of Board member The President may remove a Board member only for neglect of duty or malfeasance in office. (c) Suspension of bylaws and standards and pro- hibition of actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subchapter. (Pub. L. 106–102, title III, § 329, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.) Editorial Notes REFERENCES IN TEXT Senate Resolution 116 of the 112th Congress, referred to in subsec. (a), which was agreed to June 29, 2011, pro- vided for expedited Senate consideration of certain nominations subject to advice and consent. PRIOR PROVISIONS Provisions similar to this section were contained in section 6762(b)(2)(C) of this title, prior to the general amendment of this subchapter by Pub. L. 114–1. A prior section 6759, Pub. L. 106–102, title III, § 329, Nov. 12, 1999, 113 Stat. 1430, related to assessments, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6756(1) of this title. § 6760. Relationship to State law (a) Preemption of State laws State laws, regulations, provisions, or other actions purporting to regulate insurance pro- ducers shall be preempted to the extent provided in subsection (b). (b) Prohibited actions (1) In general No State shall— (A) impede the activities of, take any ac- tion against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that in- surance producer or any affiliate plans to be- come, has applied to become, or is a member of the Association; (B) impose any requirement upon a mem- ber of the Association that it pay fees dif- ferent from those required to be paid to that State were it not a member of the Associa- tion; or (C) impose any continuing education re- quirements on any nonresident insurance producer that is a member of the Associa- tion. (2) States other than a home State No State, other than the home State of a member of the Association, shall— (A) impose any licensing, personal or cor- porate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership; (B) impose any requirement upon a mem- ber of the Association that it be licensed, registered, or otherwise qualified to do busi- ness or remain in good standing in the State, including any requirement that the insur- ance producer register as a foreign company with the secretary of state or equivalent State official; (C) require that a member of the Associa- tion submit to a criminal history record check as a condition of doing business in the State; or (D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, so- licit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if the member is licensed or otherwise author- ized to operate in the State where the in- sured maintains its principal place of busi- ness and the contract of insurance insures risks located in that State. (3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including sus- pension or revocation of authority of an insur- ance producer to do business in a State, in ac- cordance with State law and that is not incon- sistent with the provisions of this section, against a member of the Association as a re- sult of a complaint or for any alleged activity, regardless of whether the activity occurred be- fore or after the insurance producer com- menced doing business in the State pursuant to Association membership. (Pub. L. 106–102, title III, § 330, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.) Page 2288 TITLE 15—COMMERCE AND TRADE § 6761 1 So in original. The comma probably should not appear. Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6763 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6760, Pub. L. 106–102, title III, § 330, Nov. 12, 1999, 113 Stat. 1430, related to functions of the NAIC, prior to the general amendment of this sub- chapter by Pub. L. 114–1. § 6761. Coordination with Financial Industry Regulatory Authority The Association shall coordinate with the Fi- nancial Industry Regulatory Authority in order to ease any administrative burdens that fall on members of the Association that are subject to regulation by the Financial Industry Regulatory Authority, consistent with the requirements of this subchapter and the Federal securities laws. (Pub. L. 106–102, title III, § 331, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6764(b) of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6761, Pub. L. 106–102, title III, § 331, Nov. 12, 1999, 113 Stat. 1430, related to liability of the Association and the directors, officers, and employees of the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6758 of this title. § 6762. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably ex- hausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and ob- tain all appropriate relief. (b) Association interpretations In any action under subsection (a), the court shall give appropriate weight to the interpreta- tion of the Association of its bylaws and stand- ards and this subchapter. (Pub. L. 106–102, title III, § 332, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6765 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6762, Pub. L. 106–102, title III, § 332, Nov. 12, 1999, 113 Stat. 1431, related to elimination of NAIC oversight, prior to the general amendment of this subchapter by Pub. L. 114–1. See sections 6757 and 6759 of this title. § 6763. Federal funding prohibited The Association may not receive, accept, or borrow any amounts from the Federal Govern- ment to pay for, or reimburse,1 the Association for, the costs of establishing or operating the Association. (Pub. L. 106–102, title III, § 333, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.) Editorial Notes PRIOR PROVISIONS A prior section 6763, Pub. L. 106–102, title III, § 333, Nov. 12, 1999, 113 Stat. 1432, related to relationship to State law, prior to the general amendment of this sub- chapter by Pub. L. 114–1. See section 6760 of this title. § 6764. Definitions For purposes of this subchapter, the following definitions shall apply: (1) Business entity The term ‘‘business entity’’ means a cor- poration, association, partnership, limited li- ability company, limited liability partnership, or other legal entity. (2) Depository institution The term ‘‘depository institution’’ has the meaning as in section 1813 of title 12. (3) Home State The term ‘‘home State’’ means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer. (4) Insurance The term ‘‘insurance’’ means any product, other than title insurance or bail bonds, de- fined or regulated as insurance by the appro- priate State insurance regulatory authority. (5) Insurance producer The term ‘‘insurance producer’’ means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers ad- vice, counsel, opinions or services related to insurance. (6) Insurer The term ‘‘insurer’’ has the meaning as in section 313(e)(2)(B) of title 31. (7) Principal place of business The term ‘‘principal place of business’’ means the State in which an insurance pro- ducer maintains the headquarters of the insur- ance producer and, in the case of a business entity, where high-level officers of the entity direct, control, and coordinate the business activities of the business entity. (8) Principal place of residence The term ‘‘principal place of residence’’ means the State in which an insurance pro- ducer resides for the greatest number of days during a calendar year. (9) State The term ‘‘State’’ includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, Amer- ican Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.