Page:United States Statutes at Large Volume 113 Part 2.djvu/412

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

113 STAT. 1432 PUBLIC LAW 106-102—NOV. 12, 1999 (i) REMOVAL. — If the President determines that the Association is not acting in the interests of the public, the President may remove the entire existing Board for the remainder of the term to which the members of the Board were appointed and appoint, with the advice and consent of the Senate, new members to fill the vacancies on the Board for the remainder of such terms. (ii) SUSPENSION OF RULES OR ACTIONS.— The President, or a person designated by the President for such purpose, may suspend the effectiveness of any rule, or prohibit any action, of the Association which the President or the designee determines is contrary to the public interest, (c) ANNUAL REPORT. — As soon as practicable after the close of each fiscal year, the Association shall submit to the President and to the Congress a written report relative to the conduct of its business, and the exercise of the other rights and powers granted by this subtitle, during such fiscal year. Such report shall include financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. 15 USC 6763. SEC. 333. RELATIONSHIP TO STATE LAW. (a) PREEMPTION OF STATE LAWS. —State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted as provided in subsection (b). (b) PROHIBITED ACTIONS.— NO State shall— (1) impede the activities of, take any action against, or apply any provision of law or regulation to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association; (2) impose any requirement upon a member of the Association that it pay different fees to be licensed or otherwise qualified to do business in that State, including bonding requirements, based on its residency; (3) impose any licensing, appointment, integrity, personal or corporate qualifications, education, training, experience, residency, or continuing education requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership, except that countersignature requirements imposed on nonresident producers shall not be deemed to have the effect of limiting or conditioning a producer's activities because of its residence or place of operations under this section; or (4) implement the procedures of such State's system of licensing or renewing the licenses of insurance producers in a manner different from the authority of the Association under section 325. (c) SAVINGS PROVISION.— Except as provided in subsections (a) and (b), no provision of this section shall be construed as altering or affecting the continuing effectiveness of any law, regulation, provision, or other action of any State which purports to regulate insurance producers, including any such law, regulation, provision,