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H0233...........................................................by BUSINESS INSURERS - Amends existing law to specify the maximum aggregate amount of real estate which may be invested by a domestic reciprocal insurer comprised of and exclusively insuring members who are political subdivisions of the state. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Bus 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg Rls susp - PASSED - 62-0-8 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bruneel, Callister, Campbell, Chase, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Marley, McKague, Meyer, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young NAYS -- None Absent and excused -- Bradford, Clark, Jaquet, Loertscher, Montgomery, Mortensen, Swan, Mr. Speaker Floor Sponsor -- Black Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Com/HuRes 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 30-1-4 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Thorne, Wheeler, Whitworth, Williams, NAYS -- Stegner Absent and excused -- Dunklin, Keough, King-Barrutia, Stennett Floor Sponsor -- Ipsen Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 174 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 233 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO REAL ESTATE INVESTMENTS; AMENDING SECTION 41-728, IDAHO CODE, TO 3 SPECIFY THE MAXIMUM AGGREGATE AMOUNT OF REAL ESTATE WHICH MAY BE INVESTED 4 BY A DOMESTIC RECIPROCAL INSURER COMPRISED OF AND EXCLUSIVELY INSURING 5 MEMBERS WHO ARE POLITICAL SUBDIVISIONS OF THE STATE; TO CORRECT CODIFIER'S 6 ERRORS AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 41-728, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 41-728. REAL ESTATE. (1) An insurer may acquire, invest in, own, main- 11 tain, alter, furnish, improve, manage, lease and convey the following real 12 estate only: 13 (a) Land and buildings used for home office purposes, together with such 14 other real estate as is required for its accommodation in the convenient 15 transaction of its business. 16 (b) Real estate acquired in satisfaction in full or in part of or through 17 foreclosure of or judgment obtained upon, loans, mortgages, liens or other 18 evidences of indebtedness previously owing to the insurer in the regular 19 course of its business. 20 (c) Real estate acquired in part payment of the consideration in the sale 21 of other real estate owned by the insurer. 22 (d) Real estate acquired by gift or devise. 23 (e) Real estate acquired through a lawful merger or consolidation of 24 another insurer and not required for its accommodation as provided insub-25divisionparagraph (a)aboveof this subsection. 26 (f) Real estate for the production of income, under lease, or being con- 27 structed under a definite agreement providing for lease, to solvent insti- 28 tutions for commercial or industrial purposes, other than for agricul- 29 tural, horticultural, ranch, mining, mineral, oil, recreational, amuse- 30 ment, club, motel, or hotel purposes. 31 (2) The aggregate amount so invested by the insurer shall not exceed: 32 (a) If for home office and its other purposes pursuant tosubdivision33 paragraph (a)aboveof this subsection, tenper centpercent (10%) of the 34 insurer's assets, subject to the right of the director to approve an addi- 35 tional amount after hearing and for good cause shown. 36 (b) If for income purposes pursuant tosubdivisionparagraph (f)aboveof 37 this subsection, fiveper centpercent (5%) of the insurer's assets. 38 (c) In all categories and for all purposes, not to exceed twentyper cent39 percent (20%) of the insurer's assets. 40 (d) Notwithstanding the provisions of paragraphs (a) through (c) of this 41 subsection, the aggregate amount invested by a domestic reciprocal insurer 42 which is comprised of and exclusively insures members who are political 43 subdivisions of the state, as defined in section 6-902 2., Idaho Code, 2 1 shall not exceed: 2 (i) Twenty-five percent (25%) from July 1, 2001, to June 30, 2003; 3 (ii) Twenty percent (20%) from July 1, 2003, to June 30, 2004; and 4 (iii) Fifteen percent (15%) on July 1, 2004, and each year thereaf- 5 ter. 6 (3) An insurer may lease to others part of real property otherwise occu- 7 pied by it for home office and other purposes under subsection (1)(a)aboveof 8 this section, but the value of the entire property must be included for the 9 purposes of the limitation upon aggregate real estate investments provided in 10 subsection (2)(a)aboveof this section.
STATEMENT OF PURPOSE RS 11001 The Idaho Counties Risk Management Program (ICRMP) is an association of local governmental entities organized under a joint powers agreement in accordance with Idaho law. Its purpose is to pooi resources in order for these entities to self insure against risk, and obtain reinsurance and excess insurance coverage. It consists of 520 entities including 39 counties, 163 cities, 59 highway districts and numerous other entities including fire, school, and water and sewer districts, hospitals and a junior college. Under Idaho law, ICRMP is regulated by the Department of Insurance as if it were a reciprocal insurance company. Because ICRMP consists entirely of local government entities, it is restricted by state law to certain types of investments. These investments (primarily bonds) are very low yield in comparison to the types of investments most insurance companies may engage in. As a result, investment of assets in real estate has been seen to be a reasonable investment option. This bill is designed to afford ICRMP (and other public entities that may decide to form similar joint powers associations to self insure) the flexibility to use real estate as an investment option for up to fifteen percent (15%) of its total assets. As of this time ICRMP s real estate holdings are over 15% of its assets. This bill affords ICRMP a three-year time period to come into compliance with the 15% level. Because ICRMP is the only public entity reciprocal insurer in Idaho, this bill will have no effect whatever on any other foreign or domestic insurer that does business in this state. FISCAL IMPACT This bill has no impact on the general fund. CONTACT: Michael J. Kane Idaho Counties Risk Management Program (208) 342 4545 STATEMENT OF PURPOSE/FISCAL NOTE H 23