SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 37
As Amended by Senate Committee of the Whole

Brief*
SB 37, as amended, would amend provisions governing
agent licensing and renewal licensure requirements in the
Uniform Agents Licensing Act and in the Public Adjusters
Licensing Act and would also amend a statute governing the
examination of applicants for agent licensure. The bill would
also provide for an exemption and extension in complying
with the continuing education requirements of licensed
insurance agents serving on active duty in the National Guard
or armed services of the United States for a specified period
of time. The bill would further require certification by pre-
need-only insurance agents that no other insurance business
was transacted.

Examination for Applicant Agent Licensure (Section 1)
The bill would modify the requirement of examination for
applicants and prospective applicants for an agent’s license
to remove a sixth-month waiting period for the retaking of an
examination after a third or subsequent failure.

Uniform Insurance Agents Licensing Act (Sections 2-7)
Definitions (Section 2)
The bill would modify the definition of “biennial due date”
as the term applies to both agents (the last day of the agent’s
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
birth month) and to registered businesses (the last day of the
month of the business’ initial licensure).
Biennial Renewal Fee and Continuing Education
Requirements for Licensure (Section 3)
Biennial renewal fee. In addition to the current criteria
specified for residential agents to meet educational
requirements in the biennial license period, the bill would
require agents to submit an application for renewal on a form
prescribed by the Commissioner of Insurance
(Commissioner) and, on and after January 1, 2022, to pay a
$4.00 biennial renewal application fee.
Continuing education credits. Under current law,
licensed agents holding only a property and casualty (P&C)
or a life, accident, and health (L&H) qualification are required
to obtain biennially a minimum of 12 continuing education
credits (CECs), including at least 1 hour in insurance ethics
and no more than 3 CECs in insurance agency management.
If an agent holds both the P&C and L&H certifications, the
agent would be required to obtain a minimum of 24 CECs
biennially.
On and after January 1, 2022, the bill would amend the
CEC requirement for agents to require each licensed agent to
earn 18 CECs biennially and permit at least 3 hours of
instruction in ethics and remove the required insurance
agency management hours.
The bill would update the CEC requirements for
specified lines of insurance to add exemptions for insurance
agents licensed to hold only a qualification in either self-
service storage unit or travel insurance.
Pre-need agent reporting requirement. The bill would
require that, at the biennial due date, a licensed insurance
agent, who is an individual and holds a life insurance license
only for the purpose of selling pre-need funeral insurance or

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annuity products, provide certification from an officer of each
insurance company that has appointed such agent that the
agent transacted no other business during the period covered
by the report. Under current law, the certification is only
required upon request of the Commissioner.
Exemption and extension for licensed agents in
active duty armed services. The bill would exempt a
licensed agent who is a member of the National Guard or any
reserve component of the armed services of the United
States who serves on active duty for at least 90 consecutive
days from continuing education requirements during the time
such insurance agent is on active duty. The bill would require
the Commissioner to grant an extension to any such licensed
agent until the biennial due date that occurs in the year next
succeeding the year in which such active duty ceases.
Appointment of Agents; Notification (Section 4, Section 6)
Appointment of agents. The bill would remove
affiliation requirements for business entities (insurance
companies). Under current law, each officer, director, partner,
and employee of the business entity who acts as an
insurance agent must be licensed as an insurance agent. The
business entity is required to disclose to the Kansas
Insurance Department (Department) all of its officers,
directors, partners, and employees, regardless of whether
such persons are licensed as insurance agents. The current
notification requirement and licensure of the business entity’s
representatives includes an associated time frame for
notification to the Department and penalties for failure to
notify. The bill would remove the notification time frames and
penalties.
The bill would, on and after January 1, 2022, also
remove a required annual certification and related certification
fee for a licensed insurance agent who is an officer, director,
partner, or employee or is otherwise legally associated with a
corporation, association, partnership, or other legal entity

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appointed by an insurance company. Under current law, an
annual certification fee must be paid for each licensed agent
certified by the company at the time the company files its
premium tax returns.
Notification. The bill would create reporting
requirements on each person or entity licensed in the state as
an insurance agent. The bill would require the following
information to be reported to the Commissioner within 30
calendar days of an occurrence:
● Each disciplinary action on the agent’s license or
licenses by the regulatory agency of another state
or territory of the United States;
● Each disciplinary action on an occupational license
held by the licensee, other than an insurance
agent’s license;
● Each judgment or injunction entered against the
licensee on the basis of conduct involving fraud,
deceit or misrepresentation, or a violation of any
insurance law;
● All details of any conviction of a misdemeanor or
felony (details are specified in the bill; minor traffic
violations could be omitted);
● Each change in name (if the change is effected by
court order, a copy of such order must be provided
to the Commissioner);
● Each change in residence or mailing address,
email address, or telephone number;
● Each change in the name or address of the agency
with which the agent is associated; and


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● Each termination of a business relationship with an
insurer if the termination is for cause, including the
reason for the termination.
In addition, each person or entity licensed in Kansas as
an insurance agent would be required to provide to the
Commissioner, upon request, a current listing of company
affiliations and affiliated insurance agents. Business entities
licensed in Kansas as insurance agents would be required to
report each change in legal or mailing address, email
address, and telephone number to the Commissioner within
30 days of occurrence. These entities would also be required
to report each change in the name and address of the
licensed agent who is responsible for the business entity’s
compliance with the insurance laws of Kansas to the
Commissioner within 30 days of occurrence.
Commissioner—Licenses and Renewals; Permissible
Considerations (Section 5)
Under continuing law, the Commissioner is permitted to
deny, suspend, revoke, or refuse renewal of licenses if the
Commissioner finds violation of several listed actions of the
applicant or license holder (e.g., providing incorrect,
misleading, incomplete, or untrue information; violations of
insurance law; been convicted of a misdemeanor or felony).
The bill would add “failed to respond to an inquiry from the
Commissioner within 15 business days” to this list of actions.
In addition, the bill would require the Commissioner to
consider the following criteria when determining whether to
grant or renew a license:
● Applicant’s age at the time of the conduct;
● Recency of the conduct;
● Reliability of the information concerning the
conduct;

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● Seriousness of the conduct;
● Factors underlying the conduct;
● Cumulative effect of the conduct or information;
● Evidence of rehabilitation;
● Applicant’s social contributions since the conduct;
● Applicant’s candor in the application process; and
● Materiality of any omissions or misrepresentations.
Separately, the Commissioner would be required to
consider when determining whether to reinstate or grant to an
applicant a license that has been revoked:
● Present moral fitness of the applicant;
● Demonstrated consciousness by the applicant of
the wrongful conduct and disrepute that the
conduct has brought to the insurance profession;
● Extent of the applicant’s rehabilitation;
● Seriousness of the original conduct;
● Applicant’s conduct subsequent to discipline;
● Amount of time that has elapsed since the original
discipline;
● Applicant’s character, maturity, and experience at
the time of the revocation; and
● Applicant’s present competence and skills in the
insurance industry.
The bill would provide that an applicant to whom a
license has been denied after a hearing could not apply for a

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license again until after the expiration of a period of one year
from the date of the Commissioner’s order. A licensee whose
license was revoked could not reapply until after two years
from the date of the order.
Renewal Application—Penalties (Section 7)
The bill would amend provisions applying to the renewal
of licensure for an insurance agent to create corresponding
penalty provisions when the required renewal application is
not received by the Commissioner by the agent’s biennial due
date. The bill would provide, if the required renewal
application is late:
● Such individual insurance agent’s qualification and
each corresponding license shall be suspended
automatically for a period of 90 calendar days or
until such time as the agent satisfactorily submits a
completed application, whichever occurs first; and
● The Commissioner shall assess a penalty of $100
for each licensed suspended:
○ If such agent fails to provide the required
renewal application and the monetary penalty
within 90 calendar days of the biennial due
date, the agent’s qualification and each
corresponding license would expire on such
agent’s biennial due date;
○ If, after more than 3 but less than 12 months
from the date the license expired, the agent
desires to reinstate his or her license, the
agent must provide the required renewal
application and pay a reinstatement fee in the
amount of $100 for each license suspended;
and
○ If, after more than 12 months have passed
since license expiration, the agent desires to
reinstate the license, this agent would be

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required to apply for an insurance agent’s
license, provide the required proof of CEC
completion, and pay a reinstatement fee in
the amount of $100 for each license
suspended.
The bill would permit, upon receipt of a written
application from an agent claiming extreme hardship, the
Commissioner to waive any penalty associated with renewal
of an agent’s license.

Public Adjusters Licensing Act (Sections 8-9)
The bill would amend the Public Adjusters Licensing Act
to add fingerprinting and criminal history record checks of
applicants. Under the bill, the Commissioner would be
allowed to:
● Require a person applying for a public adjuster
license to be fingerprinted and submit to a state
and national criminal history record check or to
submit a background check, or both:
○ The fingerprints shall be used to identify the
applicant and to determine whether the
applicant has a record of criminal history in
this state or another jurisdiction. The
Commissioner would be required to submit
the fingerprints to the Kansas Bureau of
Investigation (KBI) and the Federal Bureau of
Investigation for a state and national history
record check. Local and state law
enforcement officers and agencies would be
required to assist the Commissioner in the
taking and processing of fingerprints of
applicants and to release all records of an
applicant’s arrests and convictions to the
Commissioner; and


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● Conduct or have a third party conduct a
background check on a person applying for a
public adjuster license.
The bill would provide, whenever the Commissioner
requires fingerprinting or a background check, or both, any
associated costs would be paid by the applicant. The
Commissioner would be permitted to use the information
obtained from a background check, fingerprinting, and the
applicant’s criminal history only for purposes of verifying the
identity of the applicant and in the official determination of the
applicant’s fitness to be issued a license as a public adjuster.
The bill would also amend the biennial renewal
provisions for licensure to clarify the term “biennial due date”
and increase, from 12 to 18 hours, the biennial minimum
continuing education courses for licensees and to specify
such education include 3 hours of ethics. The bill would
remove a requirement that such education include 11 hours
of P&C or general continuing education courses.
The bill would also make technical changes.

Background
The bill was introduced by the Senate Committee on
Insurance at the request of the Kansas Insurance Department
(Department). On January 29, 2021, the bill was withdrawn
from the Senate Committee on Insurance and referred to the
Senate Committee on Financial Institutions and Insurance.
[Note: The bill retains provisions pertaining to producer
licensing requirements and company appointment of agents
previously considered in 2020 SB 402. Modifications are
made to the continuing education requirements and language
is added regarding examinations of applicants for agent
licensure. A companion bill, HB 2074, has been introduced in
the House.]

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Senate Committee on Financial Institutions and
Insurance
In the Senate Committee hearing, a representative of
the Department provided proponent testimony stating the bill
would change the process for appointment of agents to give
companies greater flexibility on the number of agents
appointed and provide savings to those companies and would
also streamline the agent renewal process.
A representative of the IMA Financial Group stated the
bill would clarify the Department’s regulatory authority over
the insurance industry and would streamline the license
renewal process by allowing agents to use the National
Insurance Producer Registry to renew their Kansas licenses.
The IMA Financial Group representative also stated the bill
would remove the automatic company appointments of all
licensed staff when an agency is appointed to represent a
company, a process required only in Kansas, and would
require only individual agents to be appointed, thereby
removing burdensome reporting requirements for agencies
when staff changes occur.
A representative of the Kansas Association of Insurance
Agents (KAIA) indicated the bill was part of work with the
Department and industry stakeholders to address agent
licensing issues and craft a balanced solution. The KAIA
representative stated the portion of the bill that will have the
most significant impact on insurance agents pertains to the
amount of continuing education hours an agent must take in
order to maintain licensure. Representatives of Advisor’s
Excel and the IMA Financial Group also provided proponent
testimony. Written-only proponent testimony was provided by
representatives of the Kansas Association of Professional
Insurance Agents, the National Association of Insurance and
Financial Advisers of Kansas, and the State Farm Insurance
Companies.
No other testimony was provided.

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The Senate Committee amended the bill to change the
time a licensee whose license was revoked is prohibited from
reapplying for a license from five years to two years. The
Senate Committee also removed language allowing for the
Commissioner’s discretion to prescribe the waiting time for
reapplication for a licensee whose license has been denied or