In this issue
DOI Regulations Update
Huge Tax Hikes Coming!
AMA and ObamaCare
Join IABAC
CA Insurance Commissioner's Race
Greetings! Welcome to the July edition of "The Producer's Advocate".  IABAC is dedicated to defending producer's rights in the state of California. We hope that you enjoy our newsletter - which we intend to fill with vital information designed to help you grow and prosper in California's tough regulatory environment.

Your feedback is welcome and we invite you to join IABAC by visiting www.iabac.org. Thank you for your partnership in these critical times.
 
DOI Regulations- Update
So far the DOI has not responded...

IABAC continues to strongly oppose the CDI Proposed Homeowners Replacement Estimate Regulations on the basis that they create onerous standards and recordkeeping requirements on producers who use replacement cost estimates in quoting homeowners insurance. There is also deep concern that the new regulations will create new legal exposure for agents. IABAC President Joe Jimenez and legal counsel Bob Hogeboom of Barger and Wolen testified against the regulations last month and submitted written comments setting forth legal and policy objections to them. Unfortunately, we have yet to receive a response.

"Dear Commissioner Poizner:

On behalf of the attached list of property and casualty insurer and producer trade associations (the "trade associations"), we are requesting that you reconsider and withdraw the proposed Replacement Estimate Regulations (the "Regulations"). At the CDI hearing held on May 17, 2010, witness testimony was presented by trade associations opposing the Regulations. Following the hearing, a meeting was held in Sacramento during which the trade associations approved this request on the basis that proposed standards and penalties contained in Section 2695.183 are overreaching and inappropriate. This letter sets forth the trades' reasoning for their request..."
(Read the entire letter here)

IABAC continues to urge all agents and brokers to join us in vigorously opposing this proposed regulation. Please get involved by supporting our efforts and become a member today! Visit our website to sign up online at www.iabac.org, emailing info@iabac.org or calling us at 800-998-4022.
 
Huge Tax Hikes Coming
From Americans for Tax Reform

July 2010
Ryan Ellis, ATR Tax Policy Director: rellis@atr.org

In just six months, the largest tax hikes in the history of America will take effect. They will hit families and small businesses in three great waves on January 1, 2011:

First Wave: Expiration of 2001 and 2003 Tax Relief


In 2001 and 2003, the GOP Congress enacted several tax cuts for investors, small business owners, and families. These will all expire on January 1, 2011:

Personal income tax rates will rise. The top income tax rate will rise from 35 to 39.6
percent (this is also the rate at which two-thirds of small business profits are taxed). The lowest rate will rise from 10 to 15 percent. All the rates in between will also rise. Itemized deductions and personal exemptions will again phase out, which has the same mathematical effect as higher marginal tax rates. The full list of marginal rate hikes is below:

- The 10% bracket rises to an expanded 15%
- The 25% bracket rises to 28%
- The 28% bracket rises to 31%
- The 33% bracket rises to 36%
- The 35% bracket rises to 39.6%

Higher taxes on marriage and family. The "marriage penalty" (narrower tax brackets for married couples) will return from the first dollar of income. The child tax credit will be cut in half from $1000 to $500 per child. The standard deduction will no longer be doubled for married couples relative to the single level. The dependent care tax credit will be cut.

The return of the Death Tax. This year, there is no death tax. For those dying on or after January 1 2011, there is a 55 percent top death tax rate on estates over $1 million. A person leaving behind two homes and a retirement account could easily pass along a death tax bill to their loved ones.

Higher tax rates on savers and investors. The capital gains tax will rise from 15 percent this year to 20 percent in 2011. The dividends tax will rise from 15 percent this year to 39.6 percent in 2011. These rates will rise another 3.8 percent in 2013.

Second Wave: Obamacare

There are over twenty new or higher taxes in Obamacare. Several will first go into effect on January 1, 2011. They include:

The Tanning Tax. This went into effect on July 1st of this year. It imposes a new, 10% excise tax on getting a tan at a tanning salon. There is no exemption for tanners making less than $250,000 per year.

The "Medicine Cabinet Tax" Thanks to Obamacare, Americans will no longer be able to use health savings account (HSA), flexible spending account (FSA), or health reimbursement (HRA) pretax dollars to purchase non-prescription, over-the-counter medicines (except insulin).

The HSA Withdrawal Tax Hike. This provision of Obamacare increases the additional tax on non-medical early withdrawals from an HSA from 10 to 20 percent, disadvantaging them relative to IRAs and other tax-advantaged accounts, which remain at 10 percent.

Brand Name Drug Tax. Starting next year, there will be a multi-billion dollar tax assessment imposed on name-brand drug manufacturers. This tax, like all excise taxes, will raise the price of medicine, hurting everyone.

Economic Substance Doctrine. The IRS is now empowered to disallow perfectly-legal tax deductions and maneuvers merely because it judges that the deduction or action lacks "economic substance." This is obviously an arbitrary empowerment of IRS agents.

Employer Reporting of Health Insurance Costs on a W-2. This will start for W-2s in the 2011 tax year. While not a tax increase in itself, it makes it very easy for Congress to tax employer provided healthcare benefits later.

Third Wave: The Alternative Minimum Tax and Employer Tax Hikes

When Americans prepare to file their tax returns in January of 2011, they'll be in for a nasty surprise-the AMT won't be held harmless, and many tax relief provisions will have expired. The major items include:

The AMT will ensnare over 28 million families, up from 4 million last year. According to the left-leaning Tax Policy Center, Congress' failure to index the AMT will lead to an explosion of AMT taxpaying families-rising from 4 million last year to 28.5 million. These families will have to calculate their tax burdens twice, and pay taxes at the higher level. The AMT was created in 1969 to
ensnare a handful of taxpayers.

Small business expensing will be slashed and 50% expensing will disappear. Small businesses can normally expense (rather than slowly-deduct, or "depreciate") equipment purchases up to $250,000. This will be cut all the way down to $25,000. Larger businesses can expense half of their purchases of equipment. In January of 2011, all of it will have to be "depreciated."

Taxes will be raised on all types of businesses. There are literally scores of tax hikes on business that will take place. The biggest is the loss of the "research and experimentation tax credit," but there are many, many others. Combining high marginal tax rates with the loss of this tax relief will cost jobs.

Tax Benefits for Education and Teaching Reduced. The deduction for tuition and fees will not be available. Tax credits for education will be limited. Teachers will no longer be able to deduct
classroom expenses. Coverdell Education Savings Accounts will be cut. Employer-provided educational assistance is curtailed. The student loan interest deduction will be disallowed for hundreds of thousands of families.

Charitable Contributions from IRAs no longer allowed. Under current law, a retired person with an IRA can contribute up to $100,000 per year directly to a charity from their IRA. This contribution also counts toward an annual "required minimum distribution." This ability will no longer be there.
 
Surprise! AMA Clout Diminishes After Helping Deliver ObamaCare
American Medical Association and ObamaCare

by Ed Morrissey

The American Medical Association went to bat for the Democrats on ObamaCare, campaigning openly for it and giving the Obama administration a number of photo ops that allowed him to claim support from the entire medical community for the top-down overhaul of the American health-care system.  In exchange, the AMA hoped to gain enough political IOUs to keep Medicare/Medicaid reimbursement cuts from taking place.  Instead, all they got was a few month's reprieve - and a growing reputation as saps, according to Politico:

Months after delivering its crucial endorsement of the health care overhaul, the American Medical Association has found itself with fewer friends on Capitol Hill and more critics questioning its lobbying savvy.

Its troubles couldn't come at a worse time: It is more dependent than ever on having allies in Congress, thanks to the growing number of Medicare patients.

The AMA's most prominent lobbying failure has  been its inability to repeal the obsolete formula governing payments for Medicare patients - a method that has for years required regular temporary "fixes" to avoid big pay cuts for doctors.

The problem predicates itself on the AMA's willingness to prostitute itself on behalf of a basic deception in ObamaCare.  Democrats attempted to sell it as a net deficit reducer, but kept the reimbursement cuts in place to do so.  The AMA willingly went along with ObamaCare, assured that a side deal would eliminate the cuts, even though that would destroy the economic basis for claiming that the bill would bend the cost curve downward.

At the time, Democrats didn't think it would take long to get ObamaCare pushed through Congress.  The so-called 'doctor fix' attempts began last summer, but stalled as attention drew to the problems it would create with the fiscal argument for ObamaCare.  Meanwhile, the AMA kept pimping for the overhaul while pressing Democrats to keep their end of the bargain.

Unfortunately, Democrats began looking at the polls - and started scaling back the doctor-fix legislation.  Instead of playing along the second time, the AMA attempted to campaign against a compromise bill that would have scaled back the cuts for the next five years rather than repeal them altogether.  After spending millions of dollars, they succeeded in stopping the five year plan, but instead Congress adopted a five month fix that will last until just after the November midterms.

Now the AMA has found itself outside of both parties on Capitol Hill.  Democrats, having passed ObamaCare with the AMA's millions of lobbying dollars, has no more use for them.  Neither do Republicans, who would rather work with other health-care associations that don't sell themselves out so easily.  The AMA is six million dollars poorer and in the worst shape in which it could possibly be - and they only have themselves to blame for it.
 
 Join IABAC Today!
IABAC- A Real Advocate for Our Industry

There is strength in numbers and by joining IABAC you are gaining a proactive partner in California's tough regulatory environment! The Insurance Agents & Brokers Association of California is a new association dedicated to steadfastly defending insurance producers' rights to operate freely and fairly in the state by advocating for reasonable regulatory and legislative protection. IABAC is unlike any producer association in the state as we are completely managed by fellow agents & brokers - not by paid staff members.

We will be an aggressive advocate for the agents and brokers trying to do business in California. IABAC is an all-inclusive non-profit insurance trade association dedicated to protecting the rights of all P&C producers - independent and captive - from regulation, legislation and litigation that could potentially harm your business and your customers.

   -We are a pro-active organization that will aggressively seek legislative or legal remedies when necessary for the common good of our members and their customers.
   -We are a group that will bring critical products and services that will help your business, at substantial discounts, which you may not be able to obtain on your own.
   -We are not a managing general agency or an aggregator that competes with our carrier partners.
   -We are a group that will proactively monitor the political and regulatory environment in the state and forcefully advocate for our members.

We invite you to join us in advocating for our shared businesses, our employees and our customers. It is time for producers to come together and protect our right to operate freely and fairly in California. Our membership dues are very competitive and gain you a truly aggressive industry advocate! Become a member by visiting:  www.iabac.org
 
Update on the Insurance Commissioner's Race
Results Final- Nominees Set for November Insurance Commissioner Contest

November will be upon us sooner than we know and it will be time to choose the new Insurance Commissioner for our state. This race is of obvious importance to our industry and it is our job to let our members know just how critical this year's race truly is. The new insurance commissioner will play a very crucial role in examining how the new federal health care reform law is implemented as well as enacting or enforcing numerous regulations on insurance providers.
 
What we don't want to see is an Insurance Commissioner who has in the past been less than friendly to small business owners and at times, downright hostile. Unfortunately, Dave Jones, the Democratic candidate has proven to be just that. Jones has demonstrated a penchant for over-regulation and political posturing against the business community, most recently introducing a bill designed to give more power to the Insurance Commissioner's bureaucracy. Assembly Bill 2578 (Jones and Feuer) requires that prior approval be obtained from the State before health insurance rates are increased. HMOs and health insurers would need to receive approval from the Department of Managed Health Care (DMHC) or the Department of Insurance for proposed rate increases. The Department would have sixty days to act after receiving the rate application. The bill continues to advance as it was passed on June 25th in the Senate Health Committee.

Jones' opponent, Mike Villines has demonstrated a far better grasp on the importance of unleashing the private sector to improve our state's economy. According to the California Chamber of Commerce, in 2009 Assemblyman Mike Villines had a perfect pro-business voting record, while Assemblyman Dave Jones had an abysmal anti-business voting record, voting for bills that support a business friendly environment in the state only 15% of the time! If past performance is the best indicator of future results, then everyone doing business in California has much to be concerned about with a Dave Jones continuing to hold any office.

Also, in mid-July as the budget of the world's 8th largest economy was overdue once again and an enormous deficit loomed - what does Assemblyman Dave Jones do? Why, introduce a bill designed to further over-burden small businesses in the name of 'pet insurance' of course. Filed under "Legislators Who Are Completely Out of Touch", Jones introduced AB2411, a proposed regulation that would require pet insurers to post detailed policy information on their websites.

Conversely, IABAC is encouraged by the record of Republican candidate, Mike Villines. Villines believes in freedom of choice when it comes to insurance and would like to see consumers benefit from California's policies rather than grow government. He has proven to be the better candidate for the job through his hard work in fighting for a healthy, competitive business climate in our state. Villines has introduced bills throughout his career as an assemblyman that are designed to help businesses thrive - not drive them out of business. Recently he introduced AB 1904 "Buying Insurance Across State Lines." The bill basically allows California residents to "buy health insurance products Americans in other states are allowed to buy for health care coverage or insurance." This legislation allows residents to decide which plan is best for them. Also, as a businessman, we believe Mike Villines will listen to the concerns of the business community and work to decrease the already over-bearing regulations suffocating our industry.
 
IABAC will be watching closely as we near November. We will continue to monitor this race and keep you informed about those candidates running to oversee the Department of Insurance.


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Joe Jimenez, President
Scott Moon, Vice President
Phil Munguia- Treasurer
Robert W. Hogeboom
Legal Advisor
 
  

13211 Garden Grove Blvd., Suite 100 - Garden Grove, CA 92843 - Tel.  1-800-998-4022 -
 Fax. 714-467-3538
www.iabac.org

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The Insurance Agents and Brokers Association of California (IABAC) aggressively defends insurance producers' rights to operate freely and fairly in California by providing effective regulatory, legislative and legal representation, as well as protection against potential abuses by any other group, company or organization.

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