Kansas House Bill HB2090

Kansas 2023-2024 Regular Session

• Introduced: 1/19/23
• Refer: 1/19/23
• Report Pass: 2/14/23
• Engrossed: 2/21/23
• Refer: 2/22/23
• Report Pass: 3/15/23
• Enrolled: 4/24/23
• Passed: 4/24/23

Caption

Authorizing the commissioner of insurance to set the amount of certain fees, specifying permissible uses of information obtained from background checks, fingerprinting and criminal history records checks; discontinuing annual registration fees for prepaid service plans and modifying reporting requirements related to such plans; and decreasing the premium tax rate imposed on surplus lines insurance.

Impact

The enactment of HB 2090 is expected to streamline the licensing process for insurance agents by clarifying the requirements and methods the commissioner will use to assess applicants. This could lead to a more efficient regulatory framework within the insurance sector. Additionally, the changes to the tax structure may help foster a more favorable environment for surplus lines insurance, potentially benefiting both insurers and consumers by promoting more competitive pricing structures. Repealing annual fees for prepaid service plans could also alleviate financial burdens on service providers, making offerings more accessible to consumers.

Summary

House Bill 2090 focuses on various aspects of the insurance industry, particularly concerning the regulation of insurance agents and the fees associated with their licensing. This bill authorizes the commissioner of insurance to set certain fees related to public adjuster licenses and mandates the use of background checks and fingerprinting for applicants. The key intent is to enhance the verification process for applicants, ensuring they meet necessary criteria before being licensed as insurance agents. The bill also discusses the discontinuation of annual registration fees for prepaid service plans and revision of the tax rates imposed on surplus lines insurance, reducing the rate from 6% to 3%.

Sentiment

The reception to HB 2090 appears to be largely positive among the legislative body, evident from its strong support during voting—122 votes in favor against only 1 opposition. This overwhelming majority suggests a shared belief in the necessity of regulating insurance practices to protect consumers and to improve the operational framework surrounding insurance agents. However, there may be some contention regarding the implementation of stringent background checks, with concerns about the implications for applicants who may face barriers due to past criminal records.

Contention

While HB 2090 aims to enhance regulatory oversight, it could raise discussions about privacy and the fairness of background check processes for potential public adjusters. Critics might argue that relying heavily on background checks may disproportionately affect individuals with minor or historic infractions, thus limiting opportunities within the profession. Additionally, there may be discussions on whether the financial adjustments made in the premium tax will balance the needs of the state with those of the insurance industry.