1998 Legislation
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HOUSE BILL NO. 460 – Insurance Dept, fees, collection


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Daily Data Tracking History

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

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 460

                                      BY MR. SPEAKER
                          Requested by: Department of Insurance

 1                                        AN ACT

 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    collect  in advance , and persons so served shall pay to the direc-
10    tor  in advance,  fees, licenses, and miscellaneous charges as pro-
11    vided for from time to time by  regulation   rule   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)  Any  regulation   rule  setting fees,  licenses
16    and  miscellaneous  charges shall adhere to the Idaho administrative procedure
17    act except that the effective date of such  regulation    rule
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


 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 / Fiscal Impact

    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.
    Name: James Alcorn
    Agency: Department of Insurance
    Phone: 3344250
    Statement of Purpose/Fiscal Impact
    H 460