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H0396........................................................by MR. SPEAKER Requested by: Department of Insurance INSURANCE REFUND ACCOUNT - Amends existing law to allow for deposits to the Insurance Refund Account by the director of the Department of Insurance of up to twenty percent of taxes, fines and penalties as needed to meet current refund obligations. 01/17 House intro - 1st rdg - to printing Rpt prt - to Bus 02/10 Rpt out - rec d/p - to 2nd rdg 02/11 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 67-0-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Geddes, Hornbeck, Linford Floor Sponsor - Taylor Title apvd - to Senate 02/15 Senate intro - 1st rdg - to Com/HuRes 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Riggs, Risch, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Richardson, Sandy Floor Sponsor - McLaughlin Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed 03/27 To Governor 03/29 Governor signed Session Law Chapter 64 Effective: 03/29/00
H0396|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 396 BY MR. SPEAKER Requested by: Department of Insurance 1 AN ACT 2 RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-406, IDAHO CODE, 3 TO ALLOW FOR DEPOSITS TO THE INSURANCE REFUND ACCOUNT OF UP TO TWENTY PER- 4 CENT OF TAXES, FINES AND PENALTIES AS NEEDED TO MEET CURRENT REFUND OBLI- 5 GATIONS; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 41-406, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 41-406. DEPOSIT AND REPORT OF FEES, LICENSES AND TAXES. (1) The director 10 shall transmit all taxes, fines and penalties collected by him to the state 11 treasurer as provided under section 59-1014, Idaho Code. The director shall 12 file with the state controller a statement of each deposit thus made. All such 13 funds received shall be deposited into the department of insurance suspense 14 account. 15 Such funds shall be distributed as follows: 16 (a)Ten percent (10%) shall be depositedThe director may deposit up to 17 twenty percent (20%) of the funds received in the insurance refund account 18 which is hereby created for the purpose of repaying overpayments of any 19 taxes, fines, and penalties or other erroneous receipts. There is hereby 20 appropriated out of the insurance refund account so much thereof as shall 21 be necessary for the payment of refunds. Any unencumbered balance remain- 22 ing in the insurance refund account on June 30 of each and every year in 23 excess of forty thousand dollars ($40,000) shall be transferred to the 24 general account and the state controller is hereby authorized and directed 25 on such dates to make such transfers unless the board of examiners, which 26 is hereby authorized to do so, changes the date of transfer or sum to be 27 transferred. 28 (b) That portion of the premium tax, payable to the public employee 29 retirement account as provided in section 59-1394, Idaho Code, shall be 30 distributed to that account. 31 (c) That portion of the premium tax necessary to cover administrative 32 costs incurred by the department in placing insurance companies or any 33 other insurance entities into receivership or under administrative super- 34 vision, and such costs cannot be satisfied from the assets of these compa- 35 nies or entities, shall be distributed to the insurance insolvency admin- 36 istrative account which is hereby created. There is hereby appropriated 37 out of the insurance insolvency administrative account so much thereof as 38 shall be necessary, but not to exceed two hundred thousand dollars 39 ($200,000) in any one (1) fiscal year, for the payment of the department's 40 administrative expenses incurred in carrying out such receiverships or 41 supervisions. A balance of one hundred thousand dollars ($100,000) shall 42 be maintained in this account on June 30 of each year. 43 (d) The balance of the premium tax, fines and penalties shall be distrib- 2 1 uted to the general account of the state of Idaho. 2 (e) All moneys received for fees, licenses and miscellaneous charges col- 3 lected shall be distributed to the insurance administrative account. 4 (2) The director shall make and file with the state controller an item- 5 ized statement of the fees, licenses, taxes, fines and penalties collected by 6 him during the preceding month, and shall deliver a certified copy of the 7 statement to the state treasurer. 8 SECTION 2. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval.
STATEMENT OF PURPOSE RS09382 Idaho Code 41-406(1)(a) requires that ten percent (10%) of the taxes, fines and penalties the Department of Insurance collects be deposited in the Insurance Refund Account to be used to repay overpayments. In recent years, the 10% set aside has not provided sufficient funding to meet the State's obligation to refund overpayments. As a result of this deficiency, current year obligations are pushed into subsequent years. The proposed legislation would allow the Director of the Department of Insurance to increase the amount set aside to meet refund obligations in order to address the continuing deficiency and make certain that refund obligations are met on a timely basis. The Director could set aside up to 20% of taxes, fines and penalties to fund the Insurance Refund Account. The law requires that any unencumbered balance in excess of $40,000 in the Refund Account as of June 30 each year be transferred to the general fund. FISCAL IMPACT It is expected that increasing the amount of revenues going into the Refund Account from 10% to the 20% maximum would enable the State to become current on its insurance refund obligations during FY 2001. This would decrease revenue paid into the general fund by approximately $3,100,000 in FY 2000. If the legislation is not adopted, this amount will represent a liability of the State of Idaho that will continue to be carried forward into subsequent years. CONTACT Name: Bob Murphy Agency: Department of Insurance Phone: 208-334-4250 Statement of Purpose/Fiscal Impact H0396