Printable Format40-102. Insurance department; creation; commissioner of insurance, duties. There is hereby established a department to be known as the insurance department, and such department shall have a chief officer entitled the commissioner of insurance. The commissioner of insurance shall be charged with the administration of all laws relating to insurance, insurance companies and fraternal benefit societies doing business in this state and all other duties that are or may be imposed upon such officer by law.
History: L. 1927, ch. 231, 40-102; L. 1945, ch. 322, § 4; L. 1949, ch. 431, § 4; L. 1953, ch. 383, § 9; L. 1959, ch. 337, § 11; L. 1961, ch. 413, § 9; L. 1965, ch. 458, § 29; L. 1967, ch. 443, § 20; L. 1968, ch. 325, § 1; L. 1972, ch. 153, § 49; L. 1973, ch. 175, § 67; L. 1974, ch. 361, § 59; L. 1976, ch. 380, § 17; L. 1978, ch. 308, § 48; L. 1978, ch. 350, § 1; L. 1982, ch. 354, § 19; L. 1985, ch. 278, § 12; L. 1992, ch. 116, § 27; L. 1992, ch. 296, § 10; L. 1995, ch. 256, § 10; L. 1998, ch. 196, § 2; L. 2008, ch. 159, § 12; L. 2023, ch. 69, § 7; January 1, 2025.
Source or prior law:
L. 1871, ch. 93, § 1; L. 1879, ch. 166, §§ 106, 107, 112; L. 1891, ch. 181, § 8; L. 1905, ch. 488, § 7; L. 1911, ch. 208, § 4; L. 1919, ch. 284, § 30; L. 1921, ch. 1, § 14; R.S. 1923, 40-101, 40-904, 40-905, 75-901, 75-909, 75-3116, 75-3166.
Revisor's Note:
Section was also amended by L. 1992, ch. 296, § 9, but was repealed by L. 1992, ch. 296, § 25.
Additional biweekly compensation for the commissioner of insurance for an aggregate of $2,809.68 per biweekly pay period chargeable to fiscal year 2001, see section 108(f) of chapter 130 of the 2000 Session Laws of Kansas.
Prior to the amendment of 40-102 by section 12 of chapter 159 of the 2008 Session Laws of Kansas which increased the biweekly compensation for the commissioner of insurance for fiscal year 2009 and thereafter, additional biweekly compensation was provided for each fiscal year during fiscal years 1999 through 2008. For fiscal year 2008, additional biweekly compensation was provided for the commissioner of insurance so that the aggregate biweekly compensation provided by law was $3,227.13 per biweekly pay period. See section 160(f) of chapter 167 of the 2007 Session Laws of Kansas.
Cross References to Related Sections:
Administration of workers compensation fund, see 44-566a.
Informational and educational materials about workers compensation, duties of commissioner of insurance, see 44-5,101 et seq.
Workers compensation fund oversight committee, see 46-2401.
Commencing on January 1, 2025, salary of commissioner of insurance, see 75-3101a.
Attorney General's Opinions:
Health care stabilization fund; board of governors. 84-88.
Health care provider insurance; health care provider insurance availability plan; governing board; Kansas tort claims act; advisory committees. 85-21.
Approving insurance policy providing benefits to unmarried domestic partners does not violate article 15 § 16 of Kansas constitution. 2007-29.
CASE ANNOTATIONS
1. Determination of commissioner cannot be controlled or directed by mandamus. Insurance Co. v. Wilder, 40 Kan. 561, 20 P. 265.
2. Commissioner not compelled to certify policy embodying forbidden special inducements. National Savings Life Ins. Co. v. Hobbs, 129 Kan. 663, 668, 284 P. 397.
3. Cited; commissioner's finding revoking agent's license conclusive unless authority abused. Murphy v. Hobbs, 139 Kan. 799, 801, 33 P.2d 135.
4. Validity of stock issue; court without jurisdiction until commissioner considers question. Morris v. Liberty Life Ins. Co., 154 Kan. 152, 115 P.2d 773.
5. Mentioned; commissioner cannot surround right of hearing for license applicant with unreasonable terms and conditions. Holmstrom v. Sullivan, 192 Kan. 746, 752, 391 P.2d 100.