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H0460........................................................by MR. SPEAKER
Requested by: Department of Insurance
INSURANCE DEPARTMENT - Amends existing law to delete the requirement that
fees and miscellaneous charges be collected in advance by the Department of
Insurance.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Bus
01/30 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 68-0-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Jaquet
Floor Sponsor - Alltus
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen, Ipsen, Riggs
Floor Sponsor - McLaughlin
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 225
Effective: 07/01/98
H0460|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 460 BY MR. SPEAKER Requested by: Department of Insurance 1 AN ACT 2 RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-401, IDAHO CODE, 3 TO ELIMINATE THE REQUIREMENT THAT FEES BE COLLECTED IN ADVANCE AND TO MAKE 4 TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 41-401, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 41-401. FEES -- LICENSES -- MISCELLANEOUS CHARGES. (1) The director shall 9 collectin advance, and persons so served shall pay to the direc- 10 torin advance,fees, licenses, and miscellaneous charges as pro- 11 vided for from time to time byregulationrule pro- 12 mulgated by the director. The director may adjust fees, licenses and miscella- 13 neous charges as necessary to allow the department to meet the appropriation 14 as provided for by law. 15 (2) Anyregulationrule setting fees, licenses 16 and miscellaneous charges shall adhere to the Idaho administrative procedure 17 act except that the effective date of suchregulationrule 18 shall be July 1 of the calendar year of enactment or change. If the 19 appropriation is not known or set by April 1, the director shall be authorized 20 to use emergency rulemaking procedures to maintain an effective date of July 21 1. 22 (3) Insurance Administrative Account: 23 (a) There is hereby created an account in the dedicated fund in the state 24 treasury, to be designated the "Insurance Administrative Account" to pro- 25 vide for the expenses of the department of insurance as provided for by 26 law. 27 (b) The insurance administrative account shall be effective December 31, 28 1984, and be in existence for a period of at least six (6) months prior to 29 the dedicated account appropriation becoming effective and shall consist 30 of the following: 31 1. All moneys appropriated by the legislature. 32 2. All fees, licenses and miscellaneous charges collected pursuant 33 to this section. 34 (c) All moneys placed in the account shall be examined, audited and 35 allowed in the manner now or hereafter provided by law. 36 (d) Pending use for purposes of the provisions of the laws of this state, 37 moneys in the insurance administrative account shall be invested by the 38 state treasurer in the same manner as provided under section 67-1210, 39 Idaho Code, with respect to other surplus or idle moneys in the state 40 treasury. 41 (e) At the beginning of each fiscal year, those moneys in the insurance 42 administrative account which exceed the current year's appropriation plus 43 any residual encumbrances made against prior years' appropriations by 2 1 twenty-five percent (25%) or more shall be transferred to the general 2 account. The balance in this account shall not be considered excessive 3 until such a transfer is required pursuant to the provisions of this sub- 4 section.
STATEMENT OF PURPOSE
RS07335
Idaho Code, Section 41401 presently requires that all fees, licenses, and miscellaneous
charges as provided by rules promulgated by the Director of the Department of Insurance, be
paid in advance. This bill, removing the pre-paid requirement, will allow the department, by rule,
to implement more efficient methods of collection.
FISCAL IMPACT
It is difficult to estimate the full fiscal impact of this legislation at this time. It will allow the
department to investigate more efficient and cost effective means to handle the payment of fees,
therefore saving time and money for both the department and the insurance companies.
CONTACT
Name: James Alcorn
Agency: Department of Insurance
Phone: 3344250
Statement of Purpose/Fiscal Impact
H 460