COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2497-02

Bill No.: SB 981

Subject: Insurance - General; Consumer Protection; Insurance Department

Type: Original

Date: February 18, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Insurance Dedicated $0 to $33,900 $0 $0
Total Estimated

Net Effect on All

State Funds

$0 to $33,900 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Official from the Missouri Consolidated Health Care Plan, the Missouri Department of Conservation, the Department of Public Safety - Missouri State Highway Patrol, the Department of Transportation, and the Department of Social Services assume this proposal would not fiscally impact their agencies.



Officials from the Secretary of State (SOS) assume this proposal prohibits insurers from using lack of an established credit history in denying or refusing to renew insurance. SOS states the Department of Insurance could promulgate rules. The SOS assumes this proposal would result in the SOS publishing rules in the Missouri Register and the Code of State Regulations at a cost of $246 in fiscal year 2003.



Oversight assumes SOS could absorb the cost related to this proposal. If multiple proposals pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process.



Officials from the Department of Insurance (INS) assume property and casualty insurers would be required to re-file their policy forms to comply with this legislation. This would result in one-time maximum revenues to the Insurance Dedicated Fund as follows: 678 insurers ( personal auto, fire and homeowner insurers) x $50 per filing - $33,900. Projected revenues would be $0 to $33,900. It is anticipated that current appropriations and staff would be able to absorb the work for implementation of this single proposal. However if additional proposals are approved during the legislative session, the INS would require additional staff to handle the increase in workload.



This proposal would result in an increase in Total State Revenues.



FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
INSURANCE DEDICATED FUND
Income - Department of Insurance
Form filing fees $0 - $33,900 $0 $0
ESTIMATED NET EFFECT ON INSURANCE DEDICATED FUND



$0 - $33,900


$0


$0


FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This proposal prohibits insurance companies from using an individual's lack of an established credit history in denying or refusing to renew insurance coverage. An insurer cannot cancel, refuse to write, or refuse to renew a policy or base an adverse underwriting decision because a person does not have an established credit history. An insurance company which violates this section is guilty of an unfair trade practice. The provisions of this proposal will apply to insurance policies entered into on or after January 1, 2003.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Department of Transportation

Department of Social Services

Missouri Consolidated Health Care Plan

Department of Insurance

Missouri Department of Conservation

Secretary of State

Department of Public Safety -

Missouri State Highway Patrol









Mickey Wilson, CPA

Acting Director

February 18, 2002