HBA-NRS H.B. 304 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 304
By: Burnam
Insurance
2/9/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the benchmark with flex band system provides insurers with
substantial pricing flexibility. The benchmark rate is the rate set
annually by the commissioner of insurance (commissioner) for particular
types of insurance and the flexibility band (flex band) is the range of
rates, plus or minus 30 percent of the benchmark, within which an insurer
may offer rates. The limits on rate increases protect consumers because
insurers have in the past reacted to catastrophic events by increasing
rates. The limits imposed by the flex band provide the commissioner with
the ability to maintain orderly markets. At the same time, most insurers
will not be affected by the flex band limitations. The benchmark ratemaking
hearings provide the public an opportunity to present testimony and file
information concerning auto and property rates each year. House Bill 304
requires the commissioner of insurance to set separate benchmark rates for
county mutual insurance companies and authorizes a county mutual insurance
company to use multiple rating tiers or rating programs.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 304 amends the Insurance Code to  provide that a county mutual
insurance company, an underwriter at a Lloyd's, and a reciprocal or
interinsurance exchange are subject to the flexible rating program for
certain insurance lines. The bill requires the commissioner of insurance to
establish separate benchmark rates for county mutual insurance companies
and consider, in promulgating such rates, the factors that may be used in
promulgating benchmark rates based only on the experience of county mutual
insurance companies. The bill authorizes a county mutual insurance company
to use multiple rating tiers or rating programs within that company, but
provides that such a company must make a separate filing for each rating
tier or rating program. The bill provides that county mutual insurance
companies are subject to certain sanctions and inquiries in relation to an
issued or existing authorization. Except for the aforementioned provisions
regarding benchmark rates, the bill provides that each county mutual
insurance company, underwriter at a Lloyd's, and reciprocal or
interinsurance exchange is subject to the rate and rating manual filing
requirements related to the operation of the flexible rating program. 

EFFECTIVE DATE

September 1, 2001, and applies only to rates for an insurance policy that
is delivered, issued for delivery, or renewed on or after January 1, 2002.