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STATE INSURANCE AND RISK MANAGEMENT BOARD |
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The State Insurance and Risk Management Board shall determine the method by which the state shall insure itself against
losses by the purchase of insurance governed by the provisions of title 38a to obtain the
broadest coverage at the most reasonable cost. It shall direct the negotiations for purchase
of such insurance and determine whether deductible or other risk retention provisions
should be included in the insurance contract. Wherever appropriate it shall determine
that the state shall act as a self-insurer and may request funds from the contingency fund
to establish reserves and carry out such practices as are necessary to safeguard the self-
insurance activity. Said board may develop and implement risk management and loss
prevention programs related to insurance plans established pursuant to the provisions
of sections 4a-19 to 4a-21, inclusive. It shall designate the agent or agents of record and
shall select the companies from whom insurance coverage and surety bonds shall be
purchased. Notwithstanding any other provision of the general statutes, including without limitation sections 38a-707 and 38a-825, it shall have full authority to negotiate
either a commission or fee structure to compensate the agent or agents of record for
services performed. It shall also have full authority to retain consulting firms and to
negotiate their fee compensation for services performed. Any refund, dividend or other
payment from any insurance company in connection with insurance for the state shall
be returned to the Comptroller for deposit in the General Fund. The board shall establish
specifications for each contract of insurance and shall request bids for each such contract
through the agent of record. Each such contract shall be for a specified period of time.
(1963, P.A. 348, S. 2; February, 1965, P.A. 313, S. 2; P.A. 77-563, S. 2, 5; P.A. 83-570, S. 5, 17; P.A. 84-346, S. 3, 4;
P.A. 90-243, S. 173; P.A. 93-163, S. 1; P.A. 98-74, S. 2, 4.)
History: 1965 act changed "board" to "commission"; P.A. 77-563 included surety bonds under provisions of section;
P.A. 83-570 amended section to require board to establish specifications for insurance contracts and request bids through
the agent of record for each contract which shall be for a specified period of time; P.A. 84-346 changed the reference to
chapter 682 to chapter 682a, correcting an outdated reference; Sec. 4-37b transferred to Sec. 4a-20 in 1989; P.A. 90-243
made technical changes for statutory consistency; P.A. 93-163 replaced provision relating to the board as authority to
negotiate all elements of insurance and surety bond premiums and agent's commissions with provision authorizing agents'
compensation on a commission or a structured fee basis and also empowering board to retain and negotiate fees with any
consulting firm it employs; P.A. 98-74 substituted "The State Insurance and Risk Management Board" for "Said board",
inserted "or other risk retention" re provisions the board determines should be included in insurance contract, and authorized
the board to develop and implement risk management and loss prevention programs, effective July 1, 1998.
Annotation to former section 4-37b:
Cited. 26 CS 423.
Annotations to present section:
Cited. 34 CA 863, 865.
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Notwithstanding the provisions of section 4a-20, the State Insurance and Risk
Management Board may negotiate directly with an insurance company to avoid any
commission or fee associated with the compensation of an agent or agents of record for
any services performed.
(P.A. 93-163, S. 3; P.A. 98-74, S. 3, 4.)
History: P.A. 98-74 replaced "State Insurance Purchasing Board" with "State Insurance and Risk Management Board",
effective July 1, 1998.
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Said board shall, on or before
September first, annually, make a report to the Governor of its activities during the year
ending the preceding June thirtieth. Such report shall include (1) an evaluation of the
state insurance program in terms of adequacy and reasonableness of cost, (2) a complete
statement of the costs of said program enumerating lines of coverage, (3) an evaluation
of the effectiveness of each portion of the program involving deductibles or partial self-
insurance, (4) a statement of the agent or agents of record, or consultants, if any, (5) an
evaluation of the agent or agents of record, or consultants, if any, (6) a breakdown of
the actual commissions or fees paid and (7) such other matters as the board determines
to be appropriate and necessary. Each such report shall become a public record.
(1963, P.A. 348, S. 3; February, 1965, P.A. 313, S. 3; P.A. 83-570, S. 6, 17; P.A. 93-163, S. 2.)
History: 1965 act changed "board" to "commission"; P.A. 83-570 replaced alphabetic Subdiv. indicators with numeric
indicators and required that evaluation of agent of record be included in annual report; Sec. 4-37c transferred to Sec. 4a-
21 in 1989; P.A. 93-163 amended the section to require reporting re consultants to substitute breakdown of the actual fees
or commissions paid for breakdown of commissions paid as "percentage of the total premium and in terms of dollars of
commissions".
Annotation to former section 4-37c:
Cited. 26 CS 423.