GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE JOINT RESOLUTION 1296

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Sponsors: Representatives Beard; Barbee, Brawley, N.J. Crawford, DeVane, Fitch, Hasty, Holmes, Sam Hunt, Hurley, Jones, Kerr, Lilley, Lineberry, Miller, Morgan, Oldham, Redwine, Robinson, and Warner.

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Referred to:  Rules, Appointments and Calendar.

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May 20, 1991
A JOINT RESOLUTION FAVORING CONTINUANCE OF THE LIMITED ANTITRUST EXEMPTION FOR THE BUSINESS OF INSURANCE AS PRESENTLY PROVIDED IN THE MCCARRAN-FERGUSON ACT OF 1945.
Whereas, Congress and the President enacted the McCarran-Ferguson Act of 1945 to assure the continuance of strong insurance markets to serve consumers and business and to encourage economic growth; and
Whereas, a fundamental provision of that Act is the limited antitrust exemption afforded the business of insurance; and
Whereas, that limited exemption has allowed for strong state regulation of insurance premium rates through prior approval or price competition; and
Whereas, that limited exemption has allowed state legislatures to establish Fair Access to Insurance Requirements (FAIR) plans which have made essential fire and other insurances available to inner city residents and businesses; and
Whereas, that limited exemption has allowed for the establishment of Market Assistance Programs (MAPs) which have helped Main Street businesses and municipal governments obtain essential liability insurance, especially during the insurance crisis of 1985-86; and
Whereas, the limited exemption has allowed for the cost-efficient sharing of data, thereby helping new and smaller businesses to compete for customers with established and larger insurers and, thereby, encouraging economic growth and employment opportunities as well as increased marketplace competition benefitting consumers; and
Whereas, other organizations of state legislators including the National Conference of State Legislators (NCSL), the Council of State Governments (CSG), the American Legislative Exchange Council (ALEC), the National Conference of Insurance Legislators (NCOIL) and the National Black Caucus of State Legislators (NBCSL) have each adopted similar resolutions;
Now, therefore, be it resolved by the House of Representatives, the Senate concurring:
Section 1.  The North Carolina General Assembly favors continuance of the limited antitrust exemption for the business of insurance as presently provided in the McCarran-Ferguson Act of 1945 and opposes H.R. 9/S. 430.
Sec. 2.  The Secretary of State shall send certified copies of this resolution to each member of the North Carolina Congressional Delegation, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
Sec. 3.  This resolution is effective upon ratification.