By Eiland, Seaman                                     H.B. No. 2102
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the determination of premium rates for certain lines of
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 3(b), (c), (d), and (o), Article 5.101,
 1-6     Insurance Code, are amended to read as follows:
 1-7           (b)  The commissioner shall promulgate by rule a benchmark
 1-8     rate for each line subject to this article after notice and hearing
 1-9     [under Chapter 2001, Government Code (the Administrative Procedure
1-10     Act)].  The commissioner shall set the benchmark rate to produce a
1-11     range that:
1-12                 (1)  promotes stability in that line; and
1-13                 (2)  produces rates that are just, reasonable, adequate
1-14     and not excessive for the risks to which they apply, and not
1-15     confiscatory.
1-16           (c)  In promulgating the benchmark rate, the commissioner may
1-17     give due consideration to:
1-18                 (1)  past and prospective loss experience within the
1-19     state and outside the state if the state data are not credible;
1-20                 (2)  the peculiar hazards and experience of individual
1-21     risks, past and prospective, within and outside the state;
1-22                 (3)  a reasonable margin for profit;
1-23                 (4)  expenses of operation of all insurers, excluding
1-24     only those [which may not include disallowed] expenses that are
 2-1     disallowed under Subsection (o) of this section;
 2-2                 (5)  the extent and nature of competition in that
 2-3     market;
 2-4                 (6)  the availability or lack of availability in that
 2-5     market;
 2-6                 (7)  the level and range of rates and rate changes
 2-7     among insurers;
 2-8                 (8)  investment and underwriting experience of
 2-9     insurers;
2-10                 (9)  reinsurance availability;
2-11                 (10)  consumer complaints;
2-12                 (11)  extent of denials and restrictions of coverage;
2-13                 (12)  the volume of cancellations and nonrenewals; and
2-14                 (13)  any other factor considered appropriate by the
2-15     commissioner.
2-16           (d)  Each flexibility band is based on a benchmark rate
2-17     promulgated by rule by the commissioner.  The commissioner shall
2-18     conduct hearings annually to determine the benchmark rates by line
2-19     [on or before September 1 of each year].  Before each hearing
2-20     conducted under this subsection, the commissioner shall request
2-21     recommendations from insurers, trade associations, the public
2-22     insurance counsel, and any other interested person or entity
2-23     regarding changes to the benchmark rates.  The recommendations must
2-24     include any supporting actuarial analyses.  Notice of each hearing
2-25     proposing changes to the benchmark rates must be published in the
2-26     Texas Register. The commissioner shall receive public comment for
2-27     at least 30 days after the notice is published.  The determination
 3-1     of the rate shall not include disallowed expenses under Subsection
 3-2     (o) of this section.  An insurer, the public insurance counsel, and
 3-3     any other interested person may present views, analyses, and
 3-4     arguments in response to the commissioner's request for
 3-5     recommendations, either before or [testimony] at the hearing, and
 3-6     may file information for consideration by the commissioner.  The
 3-7     public insurance counsel and any insurer, trade association, or
 3-8     other interested person or entity that has submitted proposed
 3-9     changes or actuarial analyses may ask questions of any person
3-10     testifying at [An advisory organization which collects ratemaking
3-11     data shall not be a party to] the hearing.  A trade association
3-12     that does not collect historical data and that does not provide
3-13     statistical plans, prospective loss costs, or supplementary rating
3-14     information to its members may, on behalf of its members that are
3-15     small or medium-sized insurers, as defined by the commissioner,
3-16     present rate making data and make recommendations to the
3-17     commissioner before or at the hearing.  There is no immunity from
3-18     antitrust liability for a trade association that presents rate
3-19     making data or makes recommendations to the commissioner [at the
3-20     hearing].  The definition of "small and medium-sized insurers"
3-21     shall be a limitation upon the scope of the presentation to be made
3-22     by a trade association, but may not limit the participation of a
3-23     trade association because its membership includes other sized
3-24     insurers.  After the hearing, the commissioner shall adopt a rule
3-25     promulgating the benchmark rates. An insurer shall use that
3-26     benchmark rate and the flexibility band to develop rates used for
3-27     the line for the year following the setting of the benchmark rate.
 4-1           (o)  For the purposes of this section, "disallowed expenses"
 4-2     include:
 4-3                 (1)  administrative expenses, not including acquisition
 4-4     expenses, not including acquisition, loss control and safety
 4-5     engineering expenses, that exceed 110 percent of the industry
 4-6     median for those expenses;
 4-7                 (2)  lobbying expenses;
 4-8                 (3)  advertising expenses, other than advertising that
 4-9     is directly related to the services or products provided by the
4-10     insurer, advertising designed and directed at loss prevention, or
4-11     advertising the promotion of organizations exempt from federal
4-12     taxation under Section 501(c)(3) of the Internal Revenue Code;
4-13                 (4)  amounts paid by an insurer as damages in a suit
4-14     against the insurer for bad faith or as fines or penalties for
4-15     violation of law;
4-16                 (5)  contributions to organizations engaged in
4-17     legislative advocacy;
4-18                 (6)  fees and penalties imposed on the insurer for
4-19     civil or criminal violations of law;
4-20                 (7)  contributions to social, religious, political, or
4-21     fraternal organizations;
4-22                 (8)  fees and assessments paid to advisory
4-23     organizations; and
4-24                 (9)  any unreasonably incurred expenses, as determined
4-25     by the commissioner after notice and  hearing in a proceeding
4-26     separate from the benchmark hearing under this article.
4-27           SECTION 2. Section 5, Article 5.101, Insurance Code, is
 5-1     amended to read as follows:
 5-2           Sec. 5.  APPLICABILITY OF CERTAIN GOVERNMENT CODE
 5-3     REQUIREMENTS [ADMINISTRATIVE PROCEDURE ACT APPLICABLE; BENCHMARK
 5-4     RATE HEARINGS]. (a)  Subject to Chapter 40 of this code, Chapter
 5-5     2001, Government Code [(the Administrative Procedure Act)], applies
 5-6     to all rate hearings conducted under this article, other than a
 5-7     benchmark rate hearing conducted under Section 3(d) of this article
 5-8     [subject to Article 1.33B of this code and Subsections (b)-(d) of
 5-9     this section].
5-10           (b)  Subchapter A, Chapter 2006, Government Code, does not
5-11     apply to a benchmark rate hearing conducted under Section 3(d) of
5-12     this article. [In a hearing on benchmark rates conducted under this
5-13     article, discovery directed to any party to the proceeding
5-14     concerning that party's premium, loss, expense, profit, or rate of
5-15     return experience or its operations is prohibited, except to the
5-16     extent that the party presents evidence, relies on, or provides to
5-17     another party its own individual insurer data in the benchmark rate
5-18     hearing.  This subsection does not deny or restrict any party's
5-19     right to produce or rely on relevant information concerning an
5-20     individual insurer as evidence in a benchmark rate hearing.]
5-21           [(c)  As part of a benchmark rate hearing, any party may
5-22     present evidence regarding, and the administrative law judge shall
5-23     make proposed findings concerning, any adjustments or amendments
5-24     that should be made to the statistical reporting rules and
5-25     statistical plans to aid in presenting a case at future benchmark
5-26     rate hearings.]
5-27           [(d)  If the record indicates evidence under Subsection (c)
 6-1     of this section, the commissioner may initiate a proceeding under
 6-2     Article 5.96 of this code to determine and make adjustments and
 6-3     amendments to the rules and statistical plans as necessary to
 6-4     further aid in determining whether rates and rating systems in use
 6-5     under this article comply with the regulatory standards imposed
 6-6     under this article.  The commissioner shall consider the evidence
 6-7     taken at the benchmark rate hearings under Subsection (c) of this
 6-8     section, and shall address that evidence in any order or action
 6-9     taken as a result of the proceeding.]
6-10           SECTION 3. Article 5.101, Insurance Code, is amended by
6-11     adding Section 6 to read as follows:
6-12           Sec. 6.  APPEAL. A person aggrieved by an order of the
6-13     commissioner setting benchmark rates may,  not later than the 30th
6-14     day after the date on which the commissioner issued the order,
6-15     appeal the order.   An appeal of  an  order of the commissioner
6-16     setting benchmark rates under this article must be made in
6-17     accordance with Subchapter D, Chapter 36, of this code.
6-18           SECTION 4. Section 5, Article 21.81, Insurance Code, is
6-19     amended to read as follows:
6-20           Sec. 5.  RATES FOR INSURANCE; HEARING. (a)  [At least
6-21     annually, the commissioner shall conduct a hearing for the purpose
6-22     of determining appropriate rates to be charged for insurance
6-23     provided through the association.  The association may appear as a
6-24     matter of right, shall be admitted as a party to present testimony
6-25     at the hearing, and may file information for consideration by the
6-26     commissioner.]  The commissioner shall determine and prescribe
6-27     appropriate rates to be charged for insurance provided through the
 7-1     association [rates] that are just, reasonable, adequate, not
 7-2     excessive, not confiscatory, and not unfairly discriminatory for
 7-3     the risks to which they apply.  Rates shall be set in an amount
 7-4     sufficient to carry all claims to maturity and to meet the expenses
 7-5     incurred in the writing and servicing of the business.  In making a
 7-6     determination, the commissioner shall consider the reports of
 7-7     aggregated premiums earned and losses and expenses incurred in the
 7-8     writing of motor vehicle insurance through the plan collected under
 7-9     the statistical plan provided for by Subsection (b) of this
7-10     section.
7-11           (b)  The commissioner shall promulgate reasonable rules and
7-12     statistical plans to be used by each insurer in the recording and
7-13     reporting of its premium, loss, and expense experience which must
7-14     be reported separately for business assigned to it and other data
7-15     required by the commissioner.
7-16           (c)  The association shall file annually with the department
7-17     for approval by the commissioner rates to be charged for insurance
7-18     provided through the association.  The association may not make
7-19     such a filing more than once in any 12-month period.  Subchapter B,
7-20     Chapter 40, of this code does not apply to:
7-21                 (1)  a filing made under this subsection;
7-22                 (2)  Subsections (d)-(h) of this section; or
7-23                 (3)  a department action with respect to such a filing.
7-24           (d)  Before approving, disapproving, or modifying a filing
7-25     made under Subsection (c) of this section, the commissioner shall
7-26     provide all interested persons a reasonable opportunity to:
7-27                 (1)  review the filing;
 8-1                 (2)  obtain copies of the filing on payment of any
 8-2     legally required copying cost; and
 8-3                 (3)  submit to the commissioner written comments,
 8-4     analyses, or information related to the filing.
 8-5           (e)  Not later than the 45th day after the date on which the
 8-6     department receives the filing required under Subsection (c) of
 8-7     this section, the commissioner shall schedule a hearing at which
 8-8     interested persons may present written or oral comments relating to
 8-9     the filing.  A hearing under this subsection is not a contested
8-10     case hearing under Chapter 2001, Government Code.  The association,
8-11     the public insurance counsel, and any other interested person or
8-12     entity that has submitted proposed changes or actuarial analyses
8-13     may ask questions of any person testifying at the hearing.
8-14           (f)  The department shall file with the Texas Register notice
8-15     that a filing has been made under Subsection (c) of this section
8-16     not later than the seventh day after the date the filing is
8-17     received by the department. The notice must include information
8-18     relating to:
8-19                 (1)  the availability of the filing for public
8-20     inspection at the department during regular business hours and the
8-21     procedures for obtaining copies of the filing;
8-22                 (2)  procedures for making written comments related to
8-23     the filing; and
8-24                 (3)  the time, place, and date of the hearing scheduled
8-25     under Subsection (e) of this section.
8-26           (g)  After the conclusion of the hearing, the commissioner
8-27     shall approve, disapprove, or modify the filing in writing.  If the
 9-1     commissioner disapproves a filing, the commissioner shall state in
 9-2     writing the reasons for the disapproval and the criteria to be met
 9-3     by the association to obtain approval.  The association may file
 9-4     with the commissioner, not later than the 10th day after the date
 9-5     on which the association receives the commissioner's written
 9-6     disapproval, an amended filing to comply with the commissioner's
 9-7     comments.
 9-8           (h)  Before approving or disapproving an amended filing, the
 9-9     commissioner shall provide all interested persons a reasonable
9-10     opportunity to review the amended filing, obtain copies of the
9-11     amended filing on payment of any legally required copying cost, and
9-12     submit to the commissioner written comments or information related
9-13     to the amended filing in the manner provided by Subsection (d) of
9-14     this section, and may hold a hearing not later than the 20th day
9-15     after the date on which the department receives the amended filing
9-16     in the manner provided by Subsection (e) of this section.  Not
9-17     later than the 10th day after the date on which the hearing on the
9-18     amended filing is concluded, the commissioner shall approve or
9-19     disapprove the amended filing.  Not later than the 30th day after
9-20     the date on which the amended filing is received by the department,
9-21     the commissioner shall disapprove the amended filing or it is
9-22     considered approved.  The requirements adopted under Subsections
9-23     (f) and (g) of this section apply to a hearing conducted under this
9-24     subsection.
9-25           (i)  A person aggrieved by a decision of the commissioner
9-26     under this section may, not later than the 30th day after the date
9-27     of the commissioner's decision, appeal the decision. An appeal of a
 10-1    commissioner's decision under this section must be made in
 10-2    accordance with Subchapter D, Chapter 36, of this code.
 10-3          (j)  Notwithstanding Subsections (a)-(h) of this section or
 10-4    any other provision of this article, an applicant is eligible for
 10-5    insurance through the association if the applicant and the
 10-6    servicing agent certify that the applicant is unable to find
 10-7    coverage at a rate that is within the benchmark flexibility band
 10-8    adopted under Article 5.101 of this code and that the applicant is
 10-9    a good driver.  The applicant shall be charged a rate for coverage
10-10    that does not exceed a rate that is greater than the midway point
10-11    between 115 percent of the benchmark rate adopted under Article
10-12    5.101 of this code and the rate adopted under this section.  The
10-13    commissioner may adopt rules as necessary to implement this
10-14    subsection.  In this subsection, "good driver" means an individual
10-15    who:
10-16                (1)  is over the age of:
10-17                      (A)  if male, 25 years of age; and
10-18                      (B)  if female, 21 years of age;
10-19                (2)  has been licensed for at least three years to
10-20    drive the type of motor vehicle to be insured;
10-21                (3)  during the previous three years, has not:
10-22                      (A)  been at fault in a motor vehicle accident
10-23    that resulted in bodily injury, death, or property damage;
10-24                      (B)  been convicted of a violation of a traffic
10-25    safety regulation that involved a moving vehicle; or
10-26                      (C)  been convicted of an offense under Section
10-27    49.04, Penal Code, or Section 106.041, Alcoholic Beverage Code;
 11-1                (4)  has never made a fraudulent insurance claim; and
 11-2                (5)  does not drive a sports car or other
 11-3    high-performance vehicle.
 11-4          SECTION 5.  Subchapter B, Chapter 40, Insurance Code, is
 11-5    amended by adding Section 40.061 to read as follows:  
 11-6          Sec. 40.061.  FLEXIBLE RATING PROGRAM.  Notwithstanding
 11-7    Sections 40.051-40.060, hearings for benchmark rates for all lines
 11-8    of insurance subject to Article 5.101 of this code are conducted as
 11-9    provided by Section 3(d) of that article.
11-10          SECTION 6. The heading to Article 5.131, Insurance Code, is
11-11    amended to read as follows:
11-12          Art. 5.131.  [TEMPORARY] RATE ROLLBACK FOR CERTAIN LINES OF
11-13    INSURANCE.
11-14          SECTION 7. Section 1, Article 5.131, Insurance Code, is
11-15    amended to read as follows:
11-16          Sec. 1.  FINDINGS. The legislature finds that:
11-17                (1)  the cost of litigation against insureds and their
11-18    insurers, the possibility of large and unjust judgments, and the
11-19    uncertainty created by a litigious environment within this state
11-20    have been significant factors in the high cost of certain lines of
11-21    insurance;
11-22                (2)  legislation enacted by regular sessions of the
11-23    75th, 76th, and 77th [73rd and 74th] legislatures, and legislation
11-24    passed by or pending in [which may be aided by legislation under
11-25    consideration by] the [104th] Congress of the United States, is
11-26    intended to meaningfully reform the civil justice system of this
11-27    state and this nation and will result in reductions in the cost of
 12-1    litigation and in the size of judgments;
 12-2                (3)  certain decisions by the Supreme Court of Texas
 12-3    and federal appellate courts during the years 1995-2001 have
 12-4    resulted in reductions in the size of certain judgments;
 12-5                (4)  it can be reasonably anticipated that there will
 12-6    be additional legislation and court decisions in the future that
 12-7    will result in reductions in the cost of litigation and in the size
 12-8    of judgments;
 12-9                (5)  while the monetary effect of the legislative
12-10    changes can be actuarially determined within a reasonable degree of
12-11    certainty, insurers will delay implementation of rate reductions
12-12    until they have data evidencing actual loss experience;
12-13                (6) [(4)]  the delay described by Subdivision (5) [(3)]
12-14    of this section will result in a windfall for the insurers
12-15    benefited by the changes [legislation] described by Subdivisions
12-16    [Subdivision] (2), (3), and (4) of this section, and this benefit
12-17    should be passed on to their insureds; and
12-18                (7) [(5)]  legislative action in the public interest
12-19    and within the police power of the state is required to eliminate
12-20    unnecessary delays to pass these benefits on to the insured public
12-21    of this state.
12-22          SECTION 8. Section 2(c), Article 5.131, Insurance Code, is
12-23    amended to read as follows:
12-24          (c)  This article applies only to policies or coverages in
12-25    the following lines or sublines that are issued, issued for
12-26    delivery, or renewed on and after January 1, 2002 [1996]:
12-27                (1)  professional liability insurance for a physician,
 13-1    other health care provider, or hospital;
 13-2                (2)  commercial liability insurance for damages arising
 13-3    out of the manufacture, design, importation, distribution,
 13-4    packaging, labeling, lease, or sale of a product or for completed
 13-5    operations coverage;
 13-6                (3)  private passenger automobile liability insurance
 13-7    for bodily injury;
 13-8                (4)  commercial automobile liability insurance for
 13-9    bodily injury;
13-10                (5)  private umbrella and excess liability insurance;
13-11                (6)  the liability portion of commercial multi-peril
13-12    insurance;
13-13                (7)  the liability portion of homeowner's, farm and
13-14    ranch owner's, and renter's insurance;
13-15                (8)  the employer's liability portion of workers'
13-16    compensation insurance; and
13-17                (9)  other commercial liability insurance, including
13-18    the following lines and sublines:
13-19                      (A)  premises medical;
13-20                      (B)  fire legal liability;
13-21                      (C)  personal advertising injury;
13-22                      (D)  contractual liability;
13-23                      (E)  liability for all premises;
13-24                      (F)  pollution liability;
13-25                      (G)  owners and contractors protective liability;
13-26                      (H)  railroad protective liability;
13-27                      (I)  liquor liability;
 14-1                      (J)  farm liability;
 14-2                      (K)  commercial umbrella and excess liability;
 14-3                      (L)  professional liability other than insurance
 14-4    described by Subdivision (1) of this subsection; and
 14-5                      (M)  garage liability.
 14-6          SECTION 9. Sections 3(a), (b), (d), and (e), Article 5.131,
 14-7    Insurance Code, are amended to read as follows:
 14-8          (a)  Notwithstanding Chapter 40 [Article 1.33B] of this code,
 14-9    on or before September 1 of each year, the commissioner shall hold
14-10    a rulemaking hearing under Chapter 2001, Government Code, to
14-11    determine the percentage of equitable across-the-board reductions
14-12    in insurance rates required of insurers writing the lines and
14-13    sublines of liability coverage described by Section 2(c) of this
14-14    article.
14-15          (b)  Not later than October 1, 2001 [1995], the commissioner
14-16    shall issue rules mandating the appropriate rate reductions to
14-17    rates for the lines and sublines of liability coverage described by
14-18    Section 2(c) of this article and developed without consideration of
14-19    the effect of the changes [legislation] described by Section 1 of
14-20    this article.
14-21          (d)  The rate reductions adopted under this section are
14-22    applicable to each policy or coverage issued, issued for delivery,
14-23    or renewed on and after January 1, 2002 [1996], and to each policy
14-24    or coverage issued, issued for delivery, or renewed on and after
14-25    the 90th day after the date of each subsequent rule adopted under
14-26    Subsection (a)  of this section.
14-27          (e)  Notwithstanding Subsection (d) of this section, if, on
 15-1    January 1, 2002 [1996], the commissioner has not issued an order
 15-2    establishing rate reductions for a line or subline under this
 15-3    section, the following reductions, as measured from the base rates
 15-4    in effect on April 1, 2001 [1995], apply to each insurer for each
 15-5    affected policy or coverage issued, issued for delivery, or renewed
 15-6    on and after January 1, 2002 [1996]:
 15-7    LINE or SUBLINE                                PERCENTAGE REDUCTION
 15-8    (1)  professional liability insurance for
 15-9         physician, other health care provider,
15-10         or hospital:                                       30%        
15-11    (2)  commercial liability insurance for
15-12         damages arising out of the manufacture,
15-13         design, importation, distribution,
15-14         packaging, labeling, lease, or sale
15-15         of a product or for
15-16         completed operations coverage:                     25%        
15-17    (3)  private passenger automobile liability
15-18         insurance for bodily injury:                       15%        
15-19    (4)  commercial automobile liability
15-20         insurance for bodily injury:                       20%        
15-21    (5)  private umbrella and excess liability
15-22         insurance:                                         20%        
15-23    (6)  the liability portion of commercial
15-24         multi-peril insurance:                             10%        
15-25    (7)  the liability portion of homeowner's,
15-26         farm and ranch  owner's,
15-27         and renter's insurance:                             5%        
 16-1    (8)  the employer's liability portion
 16-2         of workers' compensation  
 16-3         insurance:                                         10%        
 16-4    (9)  all lines and sublines of other
 16-5         commercial liability insurance:                    15%        
 16-6          SECTION 10. Section 4(a), Article 5.131, Insurance Code, is
 16-7    amended to read as follows:
 16-8          (a)  Except as provided by Subsection (b) of this section, a
 16-9    rate filed as to a line or subline of insurance coverage affected
16-10    by this article on and after January 1, 2002 [1996], and a rate
16-11    filed on and after the 90th day following the effective date of a
16-12    subsequent rule adopted under Section 3(a) of this article, shall
16-13    reflect the rate reduction imposed by Section 3 of this article.
16-14    The commissioner shall disapprove a rate, subject to the procedures
16-15    established by Section 7, Article 5.13-2, of this code if the
16-16    commissioner finds that the filed rate does not reflect that
16-17    reduction.
16-18          SECTION 11. Section 6, Article 5.131, Insurance Code, is
16-19    amended to read as follows:
16-20          Sec. 6.  CONTINUATION [DURATION] OF REDUCTION.  After the
16-21    conclusion of each regular biennial legislative session, beginning
16-22    with the 78th legislative session, the commissioner shall conduct a
16-23    review of state and federal legislation and court decisions
16-24    analogous to that conducted under Section 3 of this article to
16-25    determine if that legislation and those court decisions can
16-26    reasonably be anticipated to reduce  the cost of litigation or the
16-27    amount of damages.  If the commissioner finds that those reductions
 17-1    are likely, the commissioner shall order an additional rate
 17-2    rollback, as provided by this article, to begin on January 1 of
 17-3    each even-numbered year. [Unless the commissioner grants relief
 17-4    under Section 4 or 5 of this article, each rate resulting from the
 17-5    reduction required under Section 3 of this article remains in
 17-6    effect until January 1, 2001.]
 17-7          SECTION 12. Section 8, Article 5.131, Insurance Code, is
 17-8    amended to read as follows:
 17-9          Sec. 8.  HEARINGS AND ORDERS. Notwithstanding Chapter 40
17-10    [Article 1.33B] of this code, a rulemaking hearing under this
17-11    article shall be held before the commissioner or the commissioner's
17-12    designee.  [Article 1.09-5 of this code does not apply to hearings
17-13    under this article.]  The rulemaking procedures established by this
17-14    section do not apply to any other rate promulgation proceeding.
17-15          SECTION 13. Section 9, Article 5.131, Insurance Code, is
17-16    amended to read as follows:
17-17          Sec. 9.  PENDING RATE MATTERS. A rate filed pursuant to a
17-18    commissioner's order issued before May 1, 2001 [1995], is not
17-19    subject to the rate reductions required by this article before
17-20    January 1, 2002 [1996].
17-21          SECTION 14. Section 37.052(d), Insurance Code, is amended to
17-22    read as follows:
17-23          (d)  The department may appear as a matter of right as a
17-24    party, present evidence, or question a witness in a proceeding
17-25    before the commissioner or the designated hearings officer in which
17-26    insurance rates are set under this code.  [This subsection expires
17-27    September 1, 2001.]
 18-1          SECTION 15. This Act applies only to premium rates for an
 18-2    insurance policy delivered, issued for delivery, or renewed on or
 18-3    after January 1, 2002.  Rates for a policy delivered, issued for
 18-4    delivery, or renewed before January 1, 2002, are governed by the
 18-5    law as it existed immediately before the effective date of this
 18-6    Act, and that law is continued in effect for that purpose.
 18-7          SECTION 16. This Act takes effect September 1, 2001.