Sub. HB 2081--Am. by SCW
[As Amended by Senate Committee of the Whole]
As Amended by Senate Committee
Session of 1997
Substitute for HOUSE BILL No. 2081
By Committee on Insurance

12 AN ACT relating to insurance; rate making and rating organizations; ad- 13 visory organizations; rate administration and statistical plans; rebating 14 of premium; repealing K.S.A. 40-925, 40-926, 40-927, 40-928, 40-928a, 15 40-929, 40-930, 40-931, 40-932, 40-933, 40-934, 40-935, 40-936, 40- 16 937, 40-938, 40-939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945, 17 40-1111, 40-1111a, 40-1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 18 40-1114a, 40-1115, 40-1116, 40-1117, 40-1118, 40-1119, 40-1120, 40- 19 1121, 40-1122, 40-1123, 40-1124 and 40-1125. 20 21 Be it enacted by the Legislature of the State of Kansas: 22 Section 1. The purpose of this act is to: 23 (a) Protect policyholders and the public against the adverse effects of 24 excessive, inadequate or unfairly discriminatory rates; 25 (b) encourage, as the most effective way to produce rates that con- 26 form to the standards of paragraph (a), independent action by and rea- 27 sonable price competition among insurers; 28 (c) provide formal regulatory controls for use if independent action 29 and price competition fail; 30 (d) authorize cooperative action among insurers in the rate making 31 process, and to regulate such cooperation in order to prevent practices 32 that tend to bring about monopoly or to lessen or destroy competition; 33 (e) encourage the most efficient and economic marketing practices; 34 and 35 (f) regulate the business of insurance in a manner that will preclude 36 application of federal antitrust laws. 37 Sec. 2. (a) This act applies to fire and casualty insurance, including 38 fidelity, surety and guarantee bonds, on risks or operations in this state 39 except reinsurance, accident and health insurance, insurance against loss 40 of or damage to, or against liability arising out of the ownership, main- 41 tenance or use of any aircraft. 42 (b) As used herein, the term ``fire insurance'' shall be construed to 43 apply to and include the classes of insurance described in K.S.A. 40-901. Sub. HB 2081--Am. by SCW

 1  The term ``casualty insurance'' shall be construed to apply to and include
 2  the classes of insurance described in (b), (c), (d), (e), (i), (j), (k), (l) and
 3    (m) of K.S.A. 40-1102 and amendments thereto, and paragraphs (b), (d),
 4    (e), (f), (g) and (h) of K.S.A. 40-1203 and amendments thereto, and the
 5  classes of insurance governed by Article 12a, Chapter 40, Kansas Statutes
 6  Annotated. ``Casualty insurance'' shall not include the basic coverage re-
 7  quired by K.S.A. 40-3401. et. seq. and amendments thereto.
 8    (c)  For title insurance rate filing purposes, only those charges made
 9  in connection with the issuance, sale and servicing of title insurance pol-
10  icies or real estate transactions by title insurance companies, agencies and
11  agents on property located in counties having a population of more than
12  10,000 shall be subject to filing requirements of this act. Charges made
13  for the assumption of risk under title insurance policies which shall be
14  construed as premium for the purposes of K.S.A. 40-252 and amend-
15  ments thereto, shall include risk premium, underwriting expenses such
16  as searching charges, examination charges, to include any such charges
17  retained by agents of the title insurer, charges for determining insurability
18  and every other charge related to the issuance of the title insurance policy.
19  Services provided by agents which are not related to insurance, such as
20  performance of real estate closings or extension of the abstract of title,
21  may be charged but not included as premium. No provision of this act
22  shall apply to the filing or regulation of title insurance rates other than
23  the requirements imposed by this section.
24    Every insurance agent, agency or company authorized to transact title
25  insurance in this state shall file with the commissioner every manual of
26  classification, rules and rates, every rating plan, every rate card and every
27  modification of the foregoing which may be used in connection with pro-
28  viding title insurance or other services in connection with real estate trans-
29  actions on property located in counties having a population of 10,000 or
30  more. No charge may be made by any title insurance agent, agency or
31  company that has not been filed with the commissioner as required by
32  this section. Any service customarily provided by a title insurance agent
33  or affiliated entity that is not included in the rates shall be disclosed when
34  the rates are filed with the commissioner.
35    (d)  This act shall also apply to reciprocal or interinsurance exchanges
36  organized or operating under article 16 of chapter 40 of the Kansas Stat-
37  utes Annotated and amendments thereto, with respect to the classes of
38  insurance enumerated in this section.
39    Sec. 3.  Rates shall not be excessive, inadequate or unfairly discrim-
40  inatory, nor shall an insurer charge any rate which if continued will have
41  or tend to have the effect of destroying competition or creating a mo-
42  nopoly. Rates are presumed not to be excessive if a reasonable degree of
43  market competition exists at the consumer level with respect to the class
Sub. HB 2081--Am. by SCW

 1  of business to which they apply. Rates in a noncompetitive market are
 2  excessive if they are producing or are likely to produce unreasonably high
 3  profits for the insurance provided or if expenses are unreasonably high
 4  in relation to services rendered. A competitive market in a type of insur-
 5  ance subject to this act is presumed to exist unless the commissioner after
 6  notice of hearing determines and orders that a reasonable degree of com-
 7  petition does not exist in the market. Such order shall expire no later than
 8  one year after issuance unless the commissioner renews the rule after a
 9  hearing and a finding of the continued lack of a reasonable degree of
10  competition. In determining whether a reasonable degree of market com-
11  petition exists, the commissioner shall consider all relevant tests, includ-
12  ing: (1) the The number, market share, and concentration of insurers, as
13  measured by the 1992 Horizontal Merger Guidelines published in
14  the Federal Register September 10, 1992 (57 FR 41552), actively
15  engaged in the class of business, (2) the existence of rate differentials in
16  that class of business, (3) ease of entry into the market, and (4) whether
17  long-run profitability for insurers in that class of business is unreasonably
18  high in relation to its riskiness. If such competition does not exist, rates
19  are excessive if they are likely to produce a long run profit that is unrea-
20  sonably high in relation to the riskiness of the class of business, or if
21  expenses are unreasonably high in relation to the services rendered.
22    Rates are inadequate if they are clearly insufficient, together with the
23  investment income attributable to them, to sustain projected losses and
24  expenses in the class of business to which they apply.
25    One rate is unfairly discriminatory in relation to another in the same
26  class if it clearly fails to reflect equitably the differences in expected losses
27  and expenses. Rates are not unfairly discriminatory because different pre-
28  miums result for policyholders with like loss exposures but different ex-
29  pense factors or like expense factors but different loss exposures, so long
30  as the rates reflect the differences with reasonable accuracy. Rates are
31  not unfairly discriminatory if they are averaged broadly among persons
32  insured under a group, franchise, mass marketed plan or blanket policy.
33    Sec. 4.  In determining whether rates are not excessive or inadequate
34  or not unfairly discriminatory:
35    (a)  Due consideration shall be given to:
36    (1)  past Past and prospective loss and expense experience within and
37  outside the state;
38    (2)  catastrophe hazards and contingencies;
39    (3)  trends within and outside this state;
40    (4)  loadings for leveling premium rates over time;
41    (5)  dividends, savings or unabsorbed premium deposits allowed or
42  returned by insurers to their policyholders, members, or subscribers and
43  the investment income of the insurer; and
Sub. HB 2081--Am. by SCW

 1    (6)  all other relevant factors within and outside the state, including
 2  the judgment of technical personnel.
 3    (b)  The expense provisions included in the rates to be used by an
 4  insurer may reflect the operating methods of the insurer, or group of
 5  insurers, and, so far as it is credible, its own expense experience.
 6    (c)  Risks may be classified in any reasonable way for the establish-
 7  ment of rates and minimum premiums, except that no classification may
 8  be based on race, color, creed or national origin and classifications in
 9  automobile insurance may not be based on physical disability of an in-
10  sured. Rates thus produced may be modified for individual risks in ac-
11  cordance with rating plans or schedules rating plans, schedules, except
12  for workers compensation, individual risk premium modification
13  plans and expense reduction plans that establish reasonable standards
14  for measuring probable variations in experience, hazards, expenses or any
15  combination of those factors. Once it has been filed, use of any rating
16  plan shall be mandatory and such plan shall be applied uniformly for
17  eligible risks in a manner that is not unfairly discriminatory.
18    Such standards shall permit recognition of expected differences
19  in loss or expense characteristics, and shall be designed so that such
20  plans are reasonable and equitable in their application, and are not
21  unfairly discriminatory, violative of public policy or otherwise con-
22  trary to the best interests of the people of this state. This section
23  shall not prevent the development of new or innovative rating meth-
24  ods which otherwise comply with this act.
25    (d)  Rates may be modified for individual risks, upon written appli-
26  cation of the insured, stating the insured's reasons therefore, filed with
27  and not disapproved by the commissioner within 10 days after filings.
28    (e)  The rates may contain provisions for contingencies and an allow-
29  ance permitting a reasonable profit. In determining the reasonableness
30  of the profit, consideration shall be given to the investment income at-
31  tributable to the line of insurance.
32    (f)  The commissioner may by rule exempt any person or class of per-
33  sons, line of insurance, or any market segment from any or all of the
34  provisions of this chapter, if and to the extent that the commissioner finds
35  their application unnecessary to achieve the purposes of this act.
36    (g)  Once it has been filed, use of any rating plan shall be man-
37  datory and such plan shall be applied uniformly for eligible risks
38  in a manner that is not unfairly discriminatory.
39    Sec. 5.  (a) Every insurer shall file with the commissioner, except as
40  to inland marine risks where general custom of the industry is not to use
41  manual rates or rating plans, every manual of classifications, rules and
42  rates, every rating plan, policy form and every modification of any of the
43  foregoing which it proposes to use. Every such filing shall indicate the
Sub. HB 2081--Am. by SCW

 1  proposed effective date and the character and extent of the coverage
 2  contemplated and shall be accompanied by the information upon which
 3  the insurer supports the filings. A filing and any supporting information
 4  shall be open to public inspection after it is filed with the commissioner.
 5  An insurer may satisfy its obligations to make such filings by authorizing
 6  the commissioner to accept on its behalf the filings made by a licensed
 7  rating organization or another insurer. Nothing contained in this act shall
 8  be construed to require any insurer to become a member or subscriber
 9  of any rating organization.
10    (b)  Any rate filing for personal lines, small business owners insurance,
11  the basic coverage required by K.S.A. 40-3401 et seq. and amend-
12  ments thereto and loss costs filings for workers compensation shall re-
13  quire approval by the commissioner before its use by the insurer in this
14  state. Policy forms shall require approval by the commissioner before use
15  by insurers in this state, consistent with the requirements of K.S.A. 40-
16  216 and amendments thereto. As soon as reasonably possible after such
17  filing has been made, the commissioner shall in writing approve or dis-
18  approve the same, except that any filing shall be deemed approved unless
19  disapproved within 30 days of receipt of the filing. The term ``personal
20  lines and small business owners insurance'' shall mean insurance for non-
21  commercial automobile, homeowners, dwelling fire, renters, farmowner's
22  package and business owner's package insurance policies, as defined by
23  the commissioner by rules and regulations.
24    (c)  Any other rate filing shall be on file for a waiting period of 30 days
25  before it becomes effective, except for inland marine rates which shall be
26  effective on filing, subject to the commissioner disapproving the same if
27  the rates are determined to be inadequate, excessive, unfairly discrimi-
28  natory or otherwise fails to meet the requirements of this act. Upon writ-
29  ten application by the insurer or rating organization, the commissioner
30  may authorize a filing to become effective before the expiration of the
31  waiting period. A filing complies with this act unless it is disapproved by
32  the commissioner within the waiting period or pursuant to subsection (e).
33    (d)  Any filing with respect to fidelity, surety or guarantee bond shall
34  be deemed approved from the date of filing.
35    (e)  In reviewing any rate filing the commissioner may require the
36  insurer or rating organization to provide, at the insurer's or rating organ-
37  ization's expense, all information necessary to evaluate the reasonableness
38  of the filing, to include payment of the cost of an actuary selected by the
39  commissioner to review any rate filing, if the department of insurance
40  does not have a staff actuary in its employ.
41    (f)  If a filing is not accompanied by the information required by this
42  act, the commissioner shall promptly inform the company or organization
43  making the filing. The filing shall be deemed to be complete when the
Sub. HB 2081--Am. by SCW

 1  required information is received by the commissioner or the company or
 2  organization certifies to the commissioner the information requested is
 3  not maintained by the company or organization and cannot be obtained.
 4   If within the waiting period provided in subsection (c), the commissioner
 5  finds a filing does not meet the requirements of this act, the commissioner
 6  shall send to the insurer or rating organization that made the filing, writ-
 7  ten notice of disapproval of the filing, specifying in what respects the
 8  filing fails to comply and stating the filing shall not become effective. If
 9  at any time after the expiration of any waiting period, the commissioner
10  finds a filing does not comply with this act, the commissioner shall after
11  a hearing held on not less than ten days' written notice to every insurer
12  and rating organization that made the filing issue an order specifying in
13  what respects the filing failed to comply with the act, and stating when,
14  within a reasonable period thereafter, the filing shall be no longer effec-
15  tive. Copies of the order shall be sent to such insurer or rating organi-
16  zation. The order shall not affect any contract or policy made or issued
17  prior to the expiration of the period set forth in the order.
18    In the event an insurer or organization has no legally effective rate
19  because of an order disapproving rates, the commissioner shall specify an
20  interim rate at the time the order is issued. The interim rate may be
21  modified by the commissioner on his or her own motion or upon motion
22  of an insurer or organization. The interim rate or any modification thereof
23  shall take effect prospectively in contracts of insurance written or re-
24  newed fifteen days after the commissioner?s decision setting interim
25  rates. When the rates are finally determined, the commissioner shall order
26  any overcharge in the interim rates to be distributed appropriately, except
27  refunds to policyholders the commissioner determines are de minimis
28  may not be required.
29    Any person or organization aggrieved with respect to any filing that is
30  in effect may make written application to the commissioner for a hearing
31  thereon, provided the insurer or rating organization that made the filing
32  may not proceed under this subsection. The application shall specify the
33  grounds to be relied on by the applicant. If the commissioner finds the
34  application is made in good faith, that the applicant would be so aggrieved
35  if the applicant's grounds are established, and that such grounds otherwise
36  justify holding such a hearing, the commissioner shall, within 30 days after
37  receipt of the application, hold a hearing on not less than 10 days' written
38  notice to the applicant and every insurer and rating organization that
39  made such filing.
40    Every rating organization receiving a notice of hearing or copy of an
41  order under this section, shall promptly notify all its members or sub-
42  scribers affected by the hearing or order. Notice to a rating organization
43  of a hearing or order shall be deemed notice to its members or subscrib-
Sub. HB 2081--Am. by SCW

 1  ers.
 2    (f) (g)  No insurer shall make or issue a contract or policy except in
 3  accordance with filings which have been filed or approved for such insurer
 4  as provided in this act.
 5    (g) (h)  The commissioner may adopt rules and regulations to allow
 6  suspension or modification of the requirement of filing and approval of
 7  rates as to any kind of insurance, subdivision or combination thereof, or
 8  as to classes of risks, the rates for which cannot practicably be filed before
 9  they are used.
10    Sec. 6.  (a) Any corporation, association, partnership or individual
11  whether located in or out of the state, may apply for license as a rating
12  organization for such kinds of insurance or subdivisions thereof as are
13  specified in its application and shall file therewith: (1) a copy of its con-
14  stitution, articles of agreement or association or certificate of incorpora-
15  tion, and its bylaws and rules governing the conduct of its business; (2) a
16  list of its members and subscribers; (3) the name and address of a resident
17  of the state upon whom service of process or orders of the commissioner
18  may be served and an irrevocable agreement to accept such service or
19  notices; and (4) a statement of its qualification as a rating organization.
20  Every rating organization shall notify the commissioner promptly of every
21  change in its organizational structure, members or subscribers and the
22  person upon whom service or notices may be made. If the commissioner
23  finds the applicant is qualified, the commissioner shall issue a license
24  specifying the kinds of insurance or subdivisions thereof for which the
25  applicant is authorized to act as a rating organization. Every such appli-
26  cation shall be granted or denied in whole or in part by the commissioner
27  within 60 days of the date of its filing. Licenses issued pursuant to this
28  section shall continue in force until May 1 next after their date unless
29  suspended or revoked by the commissioner. The fee for such license shall
30  be $25 annually. Licenses issued pursuant to this section may be sus-
31  pended or revoked by the commissioner, after hearing upon notice, in
32  the event the rating organization ceases to meet the requirements of this
33  section.
34    (b)  Every rating organization shall furnish its rating services without
35  discrimination to its members and subscribers. Subject to rules which
36  have been approved by the commissioner as reasonable, each rating or-
37  ganization shall permit any insurer or group pool, not a member, to be a
38  subscriber to its rating service for any kind of insurance or subdivision
39  thereof for which its is authorized to act as a rating organization. The
40  reasonableness of any rule in its application to subscribers, or the refusal
41  of any rating organization to admit an insurer or group pool as a sub-
42  scriber, at the request of any subscriber, pool or any insurer shall be
43  reviewed by the commissioner at a hearing.
Sub. HB 2081--Am. by SCW

 1    (c)  No rating organization shall adopt any rule, the effect of which
 2  would be to prohibit or regulate the payment of dividends, savings or
 3  unabsorbed premium deposits allowed or returned by insurers to their
 4  policyholders, members or subscribers.
 5    (d)  The commissioner, at least once in five years, shall make or cause
 6  to be made an examination of each rating organization licensed in this
 7  state. The reasonable costs of such examination shall be paid by the rating
 8  organization examined, upon presentation to it of a detailed account of
 9  such cost. The officers, managers, agents and employees of such rating
10  organization may be examined under oath and shall exhibit all books,
11  records, accounts, documents or agreements governing its method of op-
12  eration. The commissioner may waive such examination upon proof such
13  rating organization has, within a reasonably recent period, been examined
14  by the insurance supervisory official of another state, and upon filing with
15  the commissioner a copy of the report of such examination.
16    (e)  Cooperation among rating organizations or among rating organi-
17  zations and insurers in rate making or in other matters within the scope
18  of this act is hereby authorized, provided the filings resulting from such
19  cooperation are subject to all the provisions of this act which are appli-
20  cable to filings generally. The commissioner may review such cooperative
21  activities and practices and if, after a hearing, the commissioner finds any
22  such activity or practice is unfair, unreasonable or otherwise inconsistent
23  with this act or other provision of the insurance laws of this state, the
24  commissioner may issue a written order requiring discontinuance of such
25  activities or practices.
26    (f)  Any rating organization may provide for the examination of poli-
27  cies, daily reports, binders and other transaction with its members or
28  subscribers, providing it makes reasonable rules governing those activi-
29  ties, which rules shall be approved by the commissioner. Such rules shall
30  contain a provision that in the event any insurer does not within 60 days
31  furnish satisfactory evidence to the rating organization of the correction
32  of any error or omissions previously called to its attention by the rating
33  organization, it shall be the duty of the rating organization to notify the
34  commissioner thereof. All information submitted for examination shall be
35  confidential.
36    (g)  Any rating organization may subscribe for or purchase actuarial,
37  technical or other services, and such services shall be available to all mem-
38  bers and subscribers without discrimination. Any rating organization may
39  collect, compile and distribute past and current premiums of individual
40  insurers.
41    Sec. 7.  (a) Every group, association or other organizations of insur-
42  ers, whether located within or outside this state, assisting insurers which
43  make their own filings or rating organizations in rate making, by the col
Sub. HB 2081--Am. by SCW

 1  lection and furnishing of loss or expense statistics, or by the submission
 2  of recommendations, but which does not make filings under this act, shall
 3  be known as an advisory organization.
 4    (b)  Every advisory organization shall file with the commissioner: (1)
 5  a copy of its constitution, articles of agreement or association, its certifi-
 6  cate of incorporation and its bylaws, rules and regulations governing its
 7  activities; (2) a list of its members; (3) the name and address of a resident
 8  of this state upon whom notices or orders of the commissioner or process
 9  issued at the commissioners direction may be served, with its written
10  agreement to accept such notices or service; and (4) an agreement the
11  commissioner may examine such advisory organization in accordance with
12  this act.
13    (c)  If, after a hearing, the commissioner finds the furnishing of such
14  information or assistance involves an act or practice which is unfair or
15  unreasonable or otherwise inconsistent with this act or the insurance laws
16  of this state, the commissioner may issue a written order requiring the
17  discontinuance of the act or practice. No insurer or rating organization
18  shall support its filings by statistics or adopt rate making recommenda-
19  tions furnished to it by an advisory organization which has not complied
20  with this section or with an order of the commissioner issued under this
21  section. If the commissioner finds such insurer or rating organization to
22  be in violation of this subsection the commissioner may issue an order
23  requiring the discontinuance of such violation.
24    Sec. 8.  Every member of or subscriber to a rating organization shall
25  adhere to the filings made on its behalf by such organization, except any
26  such insurer may make independent filings or may deviate from the man-
27  ual of classifications, rules and rates or rating plans filed by the rating
28  organization for a kind of insurance, or a subdivision thereof, by filing
29  notice of intent to do so with the commissioner. Those deviations shall
30  take effect upon filing such notice, except for those lines which require
31  prior approval of the commissioner, in which case they shall become ef-
32  fective on approval by the commissioner or 30 days after the notice is
33  filed with the commissioner, whichever is sooner.
34    Sec. 9.  Any member of or subscriber to a rating organization may
35  appeal to the commissioner from the decision of such rating organization
36  in approving or rejecting any proposed change in or addition to the filings
37  of such rating organization and the commissioner, after a hearing, shall
38  issue an order approving the decision of such rating organization or di-
39  recting it to give further consideration to such proposal, or, if such appeal
40  is from the action or decision of the rating organization in rejecting a
41  proposed addition to its filings, the commissioner may, in the event the
42  commissioner finds such action or decision was unreasonable or unfair,
43  issue an order directing the rating organization to make an addition to its
Sub. HB 2081--Am. by SCW

 1  filing, on behalf of its members and subscribers, in a manner consistent
 2  with the commissioner's findings, within a reasonable time after the is-
 3  suance of such order.
 4    Sec. 10.  Every rating organization and every insurer which makes its
 5  own rates, within a reasonable time after receiving written request there-
 6  for, shall furnish to any insured affected by a rate made by it, or to the
 7  authorized representative of such insured, all pertinent information as to
 8  such rate. Every rating organization and every insurer which makes its
 9  own rates shall provide within this state reasonable means whereby any
10  person aggrieved by the application of its rating system may be heard, in
11  person or by authorized representative, on written request to review the
12  manner in which such rating system has been applied in connection with
13  the insurance afforded such person. If the rating organization or insurer
14  fails to grant or reject such request within 30 days after it is made, the
15  applicant may proceed in the same manner as if such application has been
16  rejected. Any party affected by the action of such rating organization or
17  such insurer on such request, within 30 days after written notice of such
18  action, may appeal to the commissioner, who, after a hearing, may affirm
19  or reverse such action.
20    Sec. 11.  (a) The commissioner shall develop statistical plans which
21  shall be used by each insurer in the recording and reporting of its loss
22  and expense experience, in order that the experience of all insurers may
23  be made available at least annually in such form and detail as may be
24  necessary to aid the commissioner in determining whether rating systems
25  comply with the standards set forth in this act. Such plans may also pro-
26  vide for the recording and reporting of expense experience items which
27  are specially applicable to this state. In promulgating such plans, the com-
28  missioner shall give due consideration to the rating systems on file with
29  the commissioner and, in order that such plans may be as uniform as is
30  practicable among the several states, to the form of the plans used for
31  such rating systems in other states. The commissioner may designate one
32  or more rating organizations or other agencies to assist the commissioner
33  in gathering such experience and making compilations thereof, and such
34  compilations shall be made available, by the commissioner to insurers and
35  rating organizations.
36    (b)  Reasonable plans may be developed by the commissioner for in-
37  terchange of data necessary for the application of rating plans.
38    (c)  In order to further uniform administration of rate regulatory laws,
39  the commissioner and every insurer and rating organization may exchange
40  information and experience data with insurance supervisory officials, in-
41  surers and rating organizations in other states and may consult with them
42  with respect to rate making and the application of rating systems.
43    (d)  The commissioner may make reasonable rules and regulations
Sub. HB 2081--Am. by SCW

 1  necessary to effect the purposes of this act.
 2    Sec. 12.  No person or organization shall willfully withhold informa-
 3  tion from, or knowingly give false or misleading information to the com-
 4  missioner, any statistical agency designated by the commissioner, any rat-
 5  ing organization or any insurer, which will affect the rates or premiums
 6  chargeable under this act.
 7    Sec. 13.  The commissioner, if the commissioner finds any person or
 8  organization has violated any provision of this act, may impose a penalty
 9  of not more than $500 for each violation, but, if the commissioner finds
10  such violation to be willful, may impose a penalty of not more than $2,000
11  for each such violation. Such penalties may be in addition to any other
12  penalty provided by law. The commissioner may suspend the license of
13  any rating organization or insurer which fails to comply with an order of
14  the commissioner within the time limited by such order, or any extension
15  thereof which the commissioner may grant.
16    Sec. 14.  Any hearing required or requested under this act shall be
17  conducted in accordance with the Kansas administrative procedure act.
18    Sec. 15.  The filing of a petition for review of any action of the com-
19  missioner under this act, shall act as a stay of any such action, if it provides
20  for a change in any rating system resulting in an increase or decrease in
21  premiums. Any insurer affected by such order may continue to charge
22  rates which obtained prior to the commissioner's order to increase or
23  decrease rates, on condition that the difference in premiums shall be
24  deposited with the commissioner of insurance by the insurer and, on the
25  final determination of the suit, shall be paid by the commissioner to the
26  insurer if the court shall find the insurer entitled to it, or to the holders
27  of policies written by the insurer, after the rate complained of was ordered
28  by the commissioner as the court may deem just and equitable. The court,
29  at its discretion, in lieu of such deposit, may require of the insurer a bond
30  with such sureties and in such sum as the court may approve.
31    Sec. 16.  No broker or agent shall knowingly charge, demand or re-
32  ceive a premium for any policy of insurance except in accordance with
33  the provisions of this act. No insurer or employee thereof, and no broker
34  or agent shall pay, allow, or give, or offer to pay, allow to give, directly or
35  indirectly, as an inducement to insurance, or after insurance has been
36  effected, any rebate, discount, abatement, credit or reduction of the pre-
37  mium named in a policy of insurance, or any special favor or advantage
38  in the dividends or other benefits to accrue thereon, or any valuable
39  consideration or inducement whatever, not specified in the policy of in-
40  surance, except to the extent provided for in an applicable filing. No
41  insured named in a policy of insurance, or any employee of such insured
42  shall knowingly receive or accept directly or indirectly, any such rebate,
43  discount, abatement, credit or reduction of premium, or any such special
Sub. HB 2081--Am. by SCW

 1  favor or valuable consideration or inducement. Nothing in this section
 2  shall be construed as prohibiting the payment of commissions or other
 3  compensation to duly licensed agents and brokers, nor as prohibiting any
 4  insurer from allowing or returning to its participating policyholder, mem-
 5  bers or subscribers, dividends, savings or unabsorbed premium deposits.
 6  As used in this section the word ``insurance'' includes suretyship and the
 7  word ``policy'' includes bond.
 8    Sec. 17.  If any section, subsection, subdivision, paragraph, sentence
 9  or clause of this act is held invalid or unconstitutional, such decision shall
10  not affect the remaining portions of this act.
11    Sec. 18.  K.S.A. 40-925, 40-926, 40-927, 40-928, 40-928a, 40-929, 40-
12  930, 40-931, 40-932, 40-933, 40-934, 40-935, 40-936, 40-937, 40-938, 40-
13  939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945, 40-1111, 40-1111a,
14  40-1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 40-1114a, 40-1115,
15  40-1116, 40-1117, 40-1118, 40-1119, 40-1120, 40-1121, 40-1122, 40-
16  1123, 40-1124 and 40-1125 are hereby repealed.
17    Sec. 19.  This act shall take effect and be in force from and after its
18  publication in the statute book.
19    Sec. 20.  This act shall take effect and be in force from and after its
20  publication in the statute book.