2006 Legislation
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SENATE BILL NO. 1315 – Insurance/cnty proprty/fund balance

SENATE BILL NO. 1315

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Bill Status



S1315.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE - COUNTY PROPERTY - Amends existing law to remove a cap on fund
balances for insurance on county property.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Com/HuRes
02/03    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McKenzie
    Floor Sponsor - Goedde
    Title apvd - to House
02/13    House intro - 1st rdg - to Loc Gov
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
      Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Bayer
    Title apvd - to Senate
03/02    To enrol
03/03    Rpt enrol - Pres signed
03/06    Sp signed
03/07    To Governor
03/11    Governor signed
         Session Law Chapter 21
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1315
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COUNTIES; AMENDING SECTION 31-814, IDAHO CODE, TO REMOVE A CAP  ON
  3        FUND BALANCES FOR INSURANCE ON COUNTY PROPERTY.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section  31-814, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        31-814.  INSURANCE OF COUNTY PROPERTY. Where in the discretion of the com-
  8    missioners it is desirable, they are hereby authorized to  make  contracts  of
  9    insurance  with  any  insurance company authorized to transact business within
 10    the state providing for insurance against loss by fire, and  against  any  and
 11    all  hazards  on any or all property belonging to the county, including insur-
 12    ance to cover liability for damages to property and for bodily injury  arising
 13    as  a result of the ownership, operation or use of county vehicles. In consid-
 14    eration of the premium at which any such policy shall be written, it shall  be
 15    a  part  of  the  policy contract between the county and the insurance company
 16    that the insurance company shall not be entitled to the defense of  governmen-
 17    tal  immunity  of  the insured. Immunity of the county, against liability dam-
 18    ages, is hereby waived to the extent of the liability insurance carried by the
 19    county on such vehicles.  Nothing  herein  contained  shall  be  construed  to
 20    require  the  making  of  such  contracts of insurance by the commissioners on
 21    behalf of the county; provided that the board may create or participate  in  a
 22    self-insured  risk program. with a fund balance which may be carried over from
 23    year  to  year,  said  fund  balance  not  to  exceed  ten   million   dollars
 24    ($10,000,000).

Statement of Purpose / Fiscal Impact


                                                  
                       STATEMENT OF PURPOSE

                             RS 15665
 
     The purpose of this bill is to delete reference in Idaho
Code Section 31-814 to capping the amount of funds a self-
insurance risk program uses to insure counties against liability
claims at ten million dollars. Capping the amount of surplus or
reserves of a self-insurance pool is contrary to reasonable
insurance practices.


                          FISCAL IMPACT

     There will be no impact on the general fund of the state as
a result of this bill.




Contact   
Name:  Michael J. Kane, Idaho Counties Risk Management Program
Phone: 342-4545


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1315