Code of Alabama

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27-29B-1
Section 27-29B-1 Purpose and scope. (a) The purpose of this chapter is to do all of the following:
(1) Provide the Commissioner of Insurance a summary of an insurer or insurance group's corporate
governance structure, policies, and practices to permit the commissioner to gain and maintain
an understanding of the insurer's corporate governance framework. (2) Outline the requirements
for completing a corporate governance annual disclosure with the commissioner. (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. (b)
Nothing in this chapter shall be construed to prescribe or impose corporate governance standards
and internal procedures beyond the procedures...
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27-29B-3
Section 27-29B-3 Disclosure requirement. (a) Not later than June 1 of each calendar year, an
insurer or the insurance group of which the insurer is a member, shall submit to the commissioner
a Corporate Governance Annual Disclosure that contains the information described in Section
27-29B-5. Notwithstanding any request from the commissioner made pursuant to subsection (c),
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. (b) The CGAD shall include a signature of
the insurer or insurance group's chief executive officer or corporate secretary attesting
to the best of that individual's belief and knowledge that the insurer has implemented the
corporate governance practices and that a copy of the disclosure has been...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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27-29B-2
Section 27-29B-2 Definitions. For purposes of this chapter, the following definitions apply:
(1) COMMISSIONER. The Commissioner of Insurance. (2) CORPORATE GOVERNANCE ANNUAL DISCLOSURE
or CGAD. A confidential report filed by an insurer or insurance group in accordance with the
requirements of this chapter. (3) INSURANCE GROUP. Insurers and affiliates included within
an insurance holding company system as defined in Chapter 29. (4) INSURER. As defined in Section
27-1-2, except the term shall not include agencies, authorities, or instrumentalities of the
United States, its possessions and territories, the Commonwealth of Puerto Rico, the District
of Columbia, or a state or political subdivision of a state. (5) NATIONAL ASSOCIATION OF INSURANCE
COMMISSIONERS or NAIC. The National Association of Insurance Commissioners and its affiliates
and subsidiaries. (Act 2019-97, ยง1.)...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information shall be confidential by law and privileged,
shall not be subject to any open records, freedom of information, sunshine, or other public
record disclosure laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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27-29B-7
Section 27-29B-7 NAIC and third-party consultants. (a) The commissioner, at the insurer's expense,
may retain third-party consultants, including attorneys, actuaries, accountants, and other
experts not otherwise a part of the staff of the commissioner as may be reasonably necessary
to assist the commissioner in reviewing the CGAD and related information or the insurer's
compliance with this chapter. (b) Any persons retained under subsection (a) shall be under
the direction and control of the commissioner and shall act in a purely advisory capacity.
(c) The NAIC and third-party consultants shall be subject to the same confidentiality standards
and requirements as the commissioner. (d) As part of the retention process, a third-party
consultant shall verify to the commissioner, with notice to the insurer, that it is free of
a conflict of interest and that it has internal procedures in place to monitor compliance
with a conflict and to comply with the confidentiality standards and...
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27-45A-4
Section 27-45A-4 Licensure of pharmacy benefits managers. (a) (1) Effective January 1, 2020,
to conduct business in this state, a pharmacy benefits manager must be licensed by the commissioner.
To initially obtain a license or renew a license, a pharmacy benefits manager shall submit
all of the following: a. A nonrefundable fee not to exceed $500. b. A copy of the licensee's
corporate charter, articles of incorporation, or other charter document. c. A completed licensure
form adopted by the commissioner containing: 1. The name and address of the licensee. 2. The
name, address, and official position of an employee who will serve as the primary contact
for the Department of Insurance. 3. Any additional contact information deemed appropriate
by the commissioner or reasonably necessary to verify the information contained in the application.
(2) The licensee shall inform the commissioner by any means acceptable to the commissioner
of any change in the information required by this subsection...
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27-36A-15
Section 27-36A-15 Valuation manual for policies issued on or after the operative date of the
valuation manual. (a) For policies issued on or after the operative date of the valuation
manual, the standard prescribed in the valuation manual is the minimum standard of valuation
required under subsection (b) of Section 27-36A-3, except as provided under subsection (e)
or (g) of this section, Section 27-36A-19, or Section 27-36A-20. (b) The operative date of
the valuation manual is January 1 of the first calendar year following the first July 1 as
of which all of the following have occurred: (1) The valuation manual has been adopted by
the NAIC by an affirmative vote of at least 42 members, or three-fourths of the members voting,
whichever is greater. (2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation
including substantially similar terms and provisions, has been enacted by states representing
greater than 75 percent of the direct premiums written as reported in...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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