North Carolina 2019-2020 Session Status: Enacted 2 R cosponsors

HB 219 — NAIC Accreditation Amendments.-AB

Last action — Signed by Gov. 6/26/2019

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    2 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

621 added · 624 removed

Plain-language change summary

The changes made to House Bill 219 include updating the bill's title and reference from an earlier draft. While the content seems to largely remain the same, these revisions help clarify the bill's identity and ensure it's aligned with formal legislative procedures. This matters because precise titles and references improve the bill's tracking and understanding throughout the legislative process.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 219* Committee Substitute Favorable 4/11/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 219* Short Title:
Representatives Setzer, Bumgardner, and Corbin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 28, 2019 A BILL TO BE ENTITLED AN ACT TO REVISE VARIOUS INSURANCE LAWS IN ORDER TO MAINTAIN NAIC ACCREDITATION, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.
Insurance, if favorable, Rules, Calendar, and Operations of the House February 28, 2019 AN ACT TO REVISE VARIOUS INSURANCE LAWS IN ORDER TO MAINTAIN NAIC ACCREDITATION, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.
6 PART I.
PART I.
*H219-v-2* General Assembly Of North Carolina Session 2019 (1) It does not have substantial insurance operations in the United States.
(1) It does not have substantial insurance operations in the United States.
(2) It has substantial insurance operations in the United States, but not in this State.
*H219-v-1* General Assembly Of North Carolina Session 2019 (2) It has substantial insurance operations in the United States, but not in this State.
Page 2 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 (2) This State being the place of domicile of the top-tiered insurers in the insurance holding company system of the internationally active insurance group.
(2) This State being the place of domicile of the top-tiered insurers in the insurance holding company system of the internationally active insurance group.
(d) PursuanttoG.S.
Page 2 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 (d) PursuanttoG.S.
(5) Enter into agreements with or obtain documentation from any insurer registered under G.S.
(5) Request documents or enter into agreements providing the basis for or otherwise clarifying the Commissioner's role as group-wide supervisor with anyinsurer registered under G.S.
58-19-25, any member of the internationally active insurance group, and any other state, federal, and international regulatory agencies for members of the internationally active insurance group, providing the basis for or otherwise clarifying the Commissioner's role as group-wide supervisor, including provisions for resolving disputes with other regulatory officials.
58-19-25, anymember of the internationally active insurance group, and any other state, federal, and international regulatory agencies with jurisdiction over members of the internationally active insurance group.
Such agreements ordocumentationshallnot serveas evidencein any proceeding that any insurer or person within an insurance holding company system not domiciled or incorporated in this State is doing business in this State or is otherwise subject to jurisdiction in this State.
These agreements may include provisions for resolving disputes with other regulatory officials.
House Bill 219*-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (6) Other group-wide supervision activities, consistent with the authorities and purposes enumerated above, as considered necessary by the Commissioner.
These agreements or documentation shall not serve as evidence in any proceeding that insurers or other persons within an insurance holding company system, not domiciled or incorporated in this State, are doing business in this State or are otherwise subject to jurisdiction in this State.
(f) If the Commissioner acknowledges that another regulatoryofficial from a jurisdiction that is not accredited by the NAIC is the group-wide supervisor, the Commissioner is authorized to reasonablycooperate, through supervisorycolleges or otherwise, with group-wide supervision undertaken bythe group-wide supervisor, provided that both of the following conditions are met:
(6) Other group-wide supervision activities, consistent with the authorities and purposes enumerated above, as considered necessary by the Commissioner.
House Bill 219*-First Edition Page 3 General Assembly Of North Carolina Session 2019 (f) If the Commissioner acknowledges that another regulatoryofficial from a jurisdiction that is not accredited by the NAIC is the group-wide supervisor, the Commissioner is authorized to reasonablycooperate, through supervisorycolleges or otherwise, with group-wide supervision undertaken bythe group-wide supervisor, provided that both of the following conditions are met:
(i) A registered insurer subject to this section shall be liable for and shall pay the reasonable expenses of the Commissioner's participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and reasonable travel expenses." SECTION 1.(d) G.S.
(i) A registered insurer subject to this section shall be liable for the reasonable expenses of the Commissioner's participation in the administration of this section, including the engagement of attorneys, actuaries, and any other professionals and reasonable travel expenses." SECTION 1.(d) G.S.
If an audit Page 4 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 committee is not designated by the insurer, the insurer's entire board of directors shall constitute the audit committee." SECTION 2.(b) G.S.
If an audit committee is not designated by the insurer, the insurer's entire board of directors shall constitute the audit committee." SECTION 2.(b) G.S.
"(6a) "Internal audit function" means a person or persons that provide independent, objective, and reasonable assurance designed to add value and improve an organization's operations and accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes." SECTION 2.(c) G.S.
Page 4 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 "(6a) "Internal audit function" means a person or persons that provide independent, objective, and reasonable assurance designed to add value and improve an organization's operations and accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes." SECTION 2.(c) G.S.
58-10-246 that no longer meets the threshold for exemption House Bill 219*-Second Edition Page 5 General Assembly Of North Carolina Session 2019 shall have one calendar year after the year the threshold is exceeded to comply with the requirements of that section." 4 PART III.
58-10-246 that no longer meets the threshold for exemption shall have one calendar year after the year the threshold is exceeded to comply with the requirements of that section." PART III.
CORPORATE GOVERNANCE ANNUAL DISCLOSURE SECTION 3.(a) Article 10 of Chapter 58 of the General Statues is amended by adding a new Part to read:
CORPORATE GOVERNANCE ANNUAL DISCLOSURE House Bill 219*-First Edition Page 5 General Assembly Of North Carolina Session 2019 SECTION 3.(a) Article 10 of Chapter 58 of the General Statues is amended by adding a new Part to read:
(3) Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group's internal operations and proprietary and trade-secret information which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(3) Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group's internal operations and proprietary and trade secret information which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(c) The requirements of this Part shall apply to all insurers domiciled in this State.
(c) The requirements of this Part shall apply to all insurers domiciled in this state.
Notwithstanding any request from the Commissioner Page 6 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 made pursuant to subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit the report required by this section to the Commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC.
Notwithstanding any request from the Commissioner made pursuant to subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit the report required by this section to the Commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC.
In these instances, a copy of the CGAD must also be provided, upon request, to the chief regulatory official of any state in which the insurance group has a domestic insurer.
In Page 6 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 these instances, a copy of the CGAD must also be provided, upon request, to the chief regulatory official of any state in which the insurance group has a domestic insurer.
(d) The insurer or insurance group shall have discretion regarding the appropriate format for providing the required information and may customize the CGAD to provide the most relevant information necessary to permit the Commissioner to gain an understanding of the corporate governance structure, policies, and practices utilized by the insurer or insurance group.
(d) The insurer or insurance group shall have discretion regarding the appropriate format for providing the required information and may customize the CGAD to provide the most relevant information necessary to permit the Commissioner to gain an understanding of the corporate governance structure, policies, and practices utilized bythe insurer or insurance group.
(a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer's or insurance group's corporate House Bill 219*-Second Edition Page 7 General Assembly Of North Carolina Session 2019 governance structure, policies, and practices.
(a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices.
(b) Notwithstandingsubsection(a)ofthis section,theCGADshall beprepared consistent with this Part.
House Bill 219*-First Edition Page 7 General Assembly Of North Carolina Session 2019 (b) Notwithstandingsubsection(a)ofthis section,theCGADshall beprepared consistent with this Part.
(1) Anyprocessesorpractices, suchas suitabilitystandards,to determinewhether officersandkeypersonsincontrolfunctionshavetheappropriatebackground, Page 8 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 experience, and integrity to fulfill their prospective roles, including both of the following:
(1) Anyprocessesorpractices, suchas suitabilitystandards,to determinewhether officersandkeypersonsincontrolfunctionshavetheappropriatebackground, experience, and integrity to fulfill their prospective roles, including both of the following:
b.
Page 8 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 b.
The description should allow the Commissioner to understand the frequency at which information on each critical risk area is reported to and reviewed by House Bill 219*-Second Edition Page 9 General Assembly Of North Carolina Session 2019 senior management and the board of directors.
The description should allow the Commissioner to understand the frequency at which information on each critical risk area is reported to and reviewed by senior management and the board of directors.
d.
House Bill 219*-First Edition Page 9 General Assembly Of North Carolina Session 2019 d.
58-19-37, and from the NAIC, and shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the Page 10 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 laws of the jurisdiction that is the source of the document, material, or information.
58-19-37, and from the NAIC, and shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.
(d) The sharing of information and documents by the Commissioner pursuant to this Part shall not constitute a delegation of regulatory authority or rule making, and the Commissioner is solely responsible for the administration, execution, and enforcement of the provisions of this Part.
(d) The sharing of information and documents by the Commissioner pursuant to this Part shall not constitute a delegation of regulatory authority or rulemaking, and the Commissioner is Page 10 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 solely responsible for the administration, execution, and enforcement of the provisions of this Part.
(e) No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials or other CGAD-related information shall occur as a result of disclosure of CGAD-related information or documents to the Commissioner under this section or as a result of sharing as authorized in this Part.
(e) No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade secret materials or other CGAD-related information shall occur as a result of disclosure of CGAD-related information or documents to the Commissioner under this section or as a result of sharing as authorized in this Part.
(6) A requirement that the NAIC or a third-party consultant to consent to intervention byan insurer in anyjudicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential House Bill 219*-Second Edition Page 11 General Assembly Of North Carolina Session 2019 information about the insurershared with the NAICora third-partyconsultant pursuant to this Part.
(6) A requirement that the NAIC or a third-party consultant to consent to intervention byan insurer in anyjudicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurershared with the NAICora third-partyconsultant pursuant to this Part.
(a) Civil Penalties.
House Bill 219*-First Edition Page 11 General Assembly Of North Carolina Session 2019 (a) Civil Penalties.
– The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer." SECTION 3.(b) If any provision of Section 3 other than G.S.
– The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
58-10-780, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this section which can be given effect without the invalid provision or application, and to that end the provisions of this section, with the exception of G.S.
"§ 58-10-795.
Severability clause.
If any provision of this Part other than G.S.
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58-10-780, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this Part which can be given effect without the invalid provision or application, and to that end the provisions of this Part, with the exception of G.S.
SECTION3.(c) Section 3shall become effective onJanuary1, 2020.
"§ 58-10-800.
The first filling of the CGAD shall be made on or before June 1, 2020.
Effective date.
PART IV.
The requirements of this Part shall become effective on January 1, 2020.
The first filing of the CGAD shall be made on or before June 1, 2020." PART IV.
– An entity entity, including a fraternal benefit society as defined in Article 24 of this Chapter, which has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, annuity contracts, pure endowment contracts, or deposit-type contracts (i) in this State and has at least one such policy in force or on claim or (ii) in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, annuity contract, pure endowment, or deposit-type contracts in this State." SECTION 5.
– An entity entity, including a fraternal benefit society as defined in Article 24, which has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, annuity contracts, pure endowment contracts, or deposit-type contracts (i) in this State and has at least one such policy in force or on claim or (ii) in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance, annuity contract, pure endowment, or deposit-type contracts in this State." SECTION 5.
The Commissioner shall use the lowest financial strength rating Page 12 House Bill 219*-Second Edition General Assembly Of North Carolina Session 2019 received from an approved rating agency in establishing the maximum rating of a certified reinsurer.
The Commissioner shall use the lowest financial strength rating received from an approved rating agency in establishing the maximum rating of a certified reinsurer.
A failure to obtain or maintain at least two financial strength ratings from acceptable rating agencies will result in loss of eligibility for certification;
A failure to obtain or Page 12 House Bill 219*-First Edition General Assembly Of North Carolina Session 2019 maintain at least two financial strength ratings from acceptable rating agencies will result in loss of eligibility for certification;
Section 3 of this act becomes effective January 1, 2020.
House Bill 219*-Second Edition Page 13
House Bill 219*-First Edition Page 13
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Action History

  1. Signed by Gov. 6/26/2019

  2. Ch. SL 2019-57

  3. Pres. To Gov. 6/24/2019

  4. Ratified

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Ordered Enrolled

  8. Withdrawn From Cal

  9. Placed On Cal For 06/20/2019

  10. Reptd Fav

  11. Reptd Fav

  12. Re-ref Com On Rules and Operations of the Senate

  13. Withdrawn From Com

  14. Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

  15. Regular Message Received From House

  16. Passed 1st Reading

  17. Ref To Com On Rules and Operations of the Senate

  18. Regular Message Sent To Senate

  19. Amend Adopted A1

  20. Passed 2nd Reading

  21. Passed 3rd Reading

  22. Ordered Engrossed

  23. Reptd Fav

  24. Cal Pursuant Rule 36(b)

  25. Placed On Cal For 04/25/2019

  26. Reptd Fav Com Substitute

  27. Re-ref Com On Rules, Calendar, and Operations of the House

  28. Passed 1st Reading

  29. Ref to the Com on Insurance, if favorable, Rules, Calendar, and Operations of the House

  30. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 42 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 25004
Republican 10003
Total 42008
% of votes cast 84%0%0%16%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Woodard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Smith — Not Voting
VanDuyn — Not Voting
Ballard — Not Voting
Bishop — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Not Voting
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Not Voting
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Not Voting
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 107 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 51008
Democratic 25000
Republican 30003
U 1001
Total 1070012
% of votes cast 90%0%0%10%
How each member voted (119)
Member Party Vote
Martin — Yea
Autry — Yea
Beasley — Yea
Black — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Insko — Yea
Lucas — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Jackson — Not Voting
Moore — Not Voting
Hunt — Not Voting
Hunter — Not Voting
Henson — Not Voting
L. Johnson — Not Voting
Yarborough — Not Voting
Zachary — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Not Voting
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Not Voting
Steve Jarvis Republican Not Voting
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Yea

Official roll call →

Subjects

finance health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 219?
HB 219 is sponsored by Mitchell S. Setzer (Republican), Bumgardner, Kevin Corbin (Republican), and Lucas.
What is the current status of HB 219?
This bill has been enacted into law. Introduced February 27, 2019. Enacted.
Where can I track HB 219?
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