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Individual State Agency Fiscal Note — 5210 SB, Annuity transactions, Office of Insurance Commissioner

Summary

Individual State Agency Fiscal Note for 5210 SB, titled Annuity transactions, from the Office of Insurance Commissioner (agency 160). Part I lists operating expenditures of $48,908 in FY 2024, $13,939 in FY 2025 and $62,847 for 2023-25 from the Insurance Commissioners Regulatory Account-State, with estimated cash receipts of NONE; the box for new rule making is marked X. The narrative says Section 2(2) requires a producer to act in the best interest of the consumer and Section 2(4)(b) requires an insurer to establish and maintain a supervision system. It says Section 2(11) authorizes the OIC to adopt rules and that rulemaking is required in FY2024.

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“Individual State Agency Fiscal Note — 5210 SB, Annuity transactions, Office of Insurance Commissioner.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-01-19-a30404-d248086-5210-sb-fn-final-01-13-23-1a5764a555/, SHA-256 d572449ee3a0461f68f8babdab69289db9392a480a86fa74a0c6e4ae299b40da.

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                            Individual State Agency Fiscal Note

Bill Number:      5210 SB                Title:     Annuity transactions                                      Agency: 160-Office of Insurance
                                                                                                                      Commissioner

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:

      NONE


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  0.3                   0.1              0.2                      0.1              0.1
 Account
 Insurance Commissioners Regulatory                           48,908                 13,939             62,847                27,878              27,878
 Account-State       138-1
                                Total $                       48,908                 13,939             62,847                27,878              27,878


Estimated Capital Budget Impact:

    NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
      form Parts I-V.
  X   If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

  X   Requires new rule making, complete Part V.


   Legislative Contact:     Kellee Gunn                                                       Phone: 786-7429                Date: 01/09/2023
   Agency Preparation:      Michael Walker                                                    Phone: 360-725-7036            Date: 01/12/2023
   Agency Approval:         Michael Wood                                                      Phone: 360-725-7007            Date: 01/12/2023
  OFM Review:               Jason Brown                                                       Phone: (360) 742-7277          Date: 01/13/2023

Form FN (Rev 1/00) 177,621.00                                                                                                      Request # 23-07-1
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 5210 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 Section 2(2) requires a producer, when making a recommendation of an annuity, to act in the best interest of the consumer
 under the circumstances known at the time the recommendation is made, without placing the producer’s or the insurer’s
 financial interest ahead of the consumer’s interest. A producer has acted in the best interest of the consumer if they have
 satisfied the obligations regarding care, disclosure, conflict of interest and documentation.

 Section 2(4)(a) prohibits an insurer, except as permitted under Subsection (3), from issuing an annuity recommended to a
 consumer unless there is a reasonable basis to believe the annuity would effectively address the particular consumer’s
 financial situation, insurance needs, and financial objectives based on the consumer’s consumer profile information.

 Section 2(4)(b) requires an insurer to establish and maintain a supervision system that is reasonably designed to achieve the
 insurer’s and the producer’s compliance with Section 2.

 Section 2(6) puts the responsibility for compliance with Section 2 directly on the insurer. If a violation occurs, either
 because of the action or inaction of the insurer, or its producer, the Office of Insurance Commissioner (OIC) may order a)
 an insurer to take reasonably appropriate corrective action for any consumer harmed by a failure by the insurer, an entity
 contracted to perform the insurer’s supervisory duties, or by the producer; b) a general agency, independent agency or the
 producer to take reasonably appropriate corrective action for any consumer harmed by the producer’s violation; and/or c)
 appropriate penalties and sanctions.

 Section 2(11) authorizes the OIC to adopt rules necessary to implement and administer Section 2.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 Section 2(2) requires a producer, when making a recommendation of an annuity, to act in the best interest of the consumer
 under the circumstances known at the time the recommendation is made, without placing the producer’s or the insurer’s
 financial interest ahead of the consumer’s interest. A producer has acted in the best interest of the consumer if they have
 satisfied the obligations regarding care, disclosure, conflict of interest and documentation.

 Section 2(4)(a) prohibits an insurer, except as permitted under Subsection (3), from issuing an annuity recommended to a
 consumer unless there is a reasonable basis to believe the annuity would effectively address the particular consumer’s
 financial situation, insurance needs, and financial objectives based on the consumer’s consumer profile information.

 Section 2(4)(b) requires an insurer to establish and maintain a supervision system that is reasonably designed to achieve the
 insurer’s and the producer’s compliance with Section 2.

 Section 2(6) puts the responsibility for compliance with Section 2 directly on the insurer. If a violation occurs, either
 because of the action or inaction of the insurer, or its producer, the Office of Insurance Commissioner (OIC) may order a)
 an insurer to take reasonably appropriate corrective action for any consumer harmed by a failure by the insurer, an entity
 contracted to perform the insurer’s supervisory duties, or by the producer; b) a general agency, independent agency or the

Annuity transactions                                                                                             160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,621.00                                                                                                       Request # 23-07-1
FNS063 Individual State Agency Fiscal Note                                2                                                              Bill # 5210 SB
 producer to take reasonably appropriate corrective action for any consumer harmed by the producer’s violation; and/or c)
 appropriate penalties and sanctions. OIC anticipates an average of an additional two enforcement cases per year to
 address the new insurer and producer carrier requirements. Investigations and enforcement actions generally require
 between 25-80 hours each, per enforcement case. For purposes of this fiscal note, it is assumed that investigations will
 require an average of 40 hours per case and enforcement actions will require an average of 40 per case requiring 80 hours
 (2 investigations x 40 hours) of an Investigator 3 and 80 hours (2 enforcement actions x 40 hours) of an Insurance
 Enforcement Specialist beginning in FY2024. Additionally, in FY2024, one-time costs of 20 hours of an Insurance
 Enforcement Specialist will be required to respond to industry and OIC staff inquiries; and provide advice and advisory
 opinions about the implementation of the bill.

 Section 2(11) authorizes the OIC to adopt rules necessary to implement and administer Section 2. In FY2024, ‘normal’
 rulemaking is required to align Chapters 284-17 and 284-23 WAC with Section 2 of the bill.

 Ongoing costs:
 Salary, benefits and associated costs for .05 FTE Investigator 3 and .05 FTE Insurance Enforcement Specialist beginning in
 FY2024.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type                FY 2024                   FY 2025                  2023-25                2025-27                 2027-29
 138-1      Insurance          State                    48,908                    13,939                  62,847                  27,878                 27,878
            Commissioners
            Regulatory Account
                                 Total $                     48,908                    13,939              62,847                       27,878                   27,878

III. B - Expenditures by Object Or Purpose
                                                FY 2024                   FY 2025               2023-25                 2025-27               2027-29
  FTE Staff Years                                            0.3                      0.1                 0.2                     0.1                      0.1
  A-Salaries and Wages                                 29,447                       8,254             37,701                 16,508                  16,508
  B-Employee Benefits                                   9,679                       2,897             12,576                  5,794                   5,794
  C-Professional Service Contracts
  E-Goods and Other Services                            9,782                       2,788             12,570                  5,576                   5,576
  G-Travel
  J-Capital Outlays
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $                48,908                      13,939             62,847                 27,878                  27,878

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
        Part I and Part IIIA

  Job Classification                          Salary               FY 2024             FY 2025          2023-25            2025-27               2027-29
  Functional Program Analyst 4                      80,952                   0.1                                  0.0
  Insurance Enforcement Specialist                  88,056                   0.1                0.1               0.1                   0.1                0.1
  Investigator 3                                    77,028                   0.1                0.1               0.1                   0.1                0.1
  Senior Policy Analyst                            108,432                   0.2                                  0.1
                        Total FTEs                                           0.3                0.1               0.2                   0.1                0.1




Annuity transactions                                                                                            160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,621.00                                                                                                      Request # 23-07-1
FNS063 Individual State Agency Fiscal Note                            3                                                                 Bill # 5210 SB
III. D - Expenditures By Program (optional)
 NONE


 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
       NONE

 IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.


      NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Section 2(11) authorizes the Office of Insurance Commissioner to adopt rules necessary to implement and administer Section
2. In FY2024, ‘normal’ rulemaking is required to align Chapters 284-17 and 284-23 WAC with Section 2 of the bill.




Annuity transactions                                                                                            160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,621.00                                                                                                      Request # 23-07-1
FNS063 Individual State Agency Fiscal Note                               4                                                              Bill # 5210 SB


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