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S1583......................................................by STATE AFFAIRS PETROLEUM PRODUCTS - Amends existing law to provide that the manager of the State Insurance Fund, subject to appropriation, is authorized to utilize the Idaho Petroleum Clean Water Trust Fund for the purpose of insuring private and governmental entities that are owners and operators of petroleum storage tanks; and to provide for reinitiation of the transfer fee when the unencumbered balance in the fund equals $15,000,000; and to provide that all moneys which may come into the Idaho Petroleum Clean Water Trust Fund may be expended by the manager of the State Insurance Fund only pursuant to legislative appropriation. 04/04 Senate intro - 1st rdg - to printing 04/04 Rpt out - to Transp Rpt prt - to 2nd rdg Ret'd to Transp
S1583|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1583 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO PETROLEUM CLEAN WATER TRUST FUND; AMENDING SECTION 3 41-4904, IDAHO CODE, TO PROVIDE THAT THE MANAGER OF THE STATE INSURANCE 4 FUND, SUBJECT TO APPROPRIATION, IS AUTHORIZED TO UTILIZE THE IDAHO PETRO- 5 LEUM CLEAN WATER TRUST FUND FOR THE PURPOSE OF INSURING PRIVATE AND GOV- 6 ERNMENTAL ENTITIES THAT ARE OWNERS AND OPERATORS OF PETROLEUM STORAGE 7 TANKS; AMENDING SECTION 41-4914, IDAHO CODE, TO PROVIDE THAT ALL MONEYS 8 WHICH MAY COME INTO THE IDAHO PETROLEUM CLEAN WATER TRUST FUND MAY BE 9 EXPENDED BY THE MANAGER OF THE STATE INSURANCE FUND ONLY PURSUANT TO LEG- 10 ISLATIVE APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-4904, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-4904. CREATION, AUTHORIZATION AND MANAGEMENT OF THE IDAHO PETROLEUM 15 CLEAN WATER TRUST FUND. (1) The Idaho petroleum clean water trust fund is 16 hereby created, subject to the direction and supervision of the board, and the 17 manager of the state insurance fund, subject to appropriation, is hereby 18 authorized to utilize this trust fund for the purpose of insuring governmental 19 and private entities who are owners and operators of petroleum storage tanks 20 against the costs of corrective action and compensating third parties that are 21 legally entitled to receive compensation for bodily injury and property damage 22 arising out of accidental releases of petroleum from petroleum storage tanks 23 covered by a contract of insurance between the owner or operator and the trust 24 fund. The manager shall be the trustee of this fund, and shall appoint an 25 administrator of this fund who shall be an employee of the state insurance 26 fund. 27 (2) Nothing in this chapter shall enlarge or otherwise adversely affect 28 the legal liability of any legal entity insured by the trust fund, and any 29 immunity or other bar to a civil lawsuit under Idaho or federal law shall 30 remain in effect. The fact that the trust fund insures the legal liability of 31 any legal entity and thus may relieve the entity or an employee of the entity 32 from the payment of any judgment arising from a civil lawsuit, shall not be 33 communicated to the trier of fact in such a lawsuit. 34 (3) The trust fund shall consist of all application fees and all transfer 35 fees collected pursuant to section 41-4908, Idaho Code, all other moneys 36 received and paid into the trust fund, property and securities acquired by or 37 through the use of money belonging to the trust fund, money loaned to the 38 trust fund under the terms and agreements of a subordinated note of indebted- 39 ness or borrowed surplus as hereinafter defined and authorized, and of inter- 40 est earned on money and securities owned or in the possession of the trust 41 fund under an agreement that such investment earnings can accrue to the bene- 42 fit of the trust fund. 43 (4) The trust fund shall have the powers and privileges of a nonprofit 2 1 corporate entity and in its name may sue and be sued in any court of competent 2 jurisdiction, and may lease and maintain offices and space for its departmen- 3 tal and operational facilities, subject to the provisions of chapters 6 and 7, 4 title 41, Idaho Code. 5 (5) (a) The personnel costs, operating expenditures and capital outlay 6 budget of the trust fund shall be subject to review and approval in the 7 appropriation of the state insurance fund, and it is the intent of this 8 chapter that the trust fund be a self-supporting insurance fund, so that 9 no appropriations, loans, or other transfers of state funds need to be 10 made to the trust fund except as follows: 11 (i) A temporary line of credit for the initial start-up costs of 12 the trust fund may be obtained as provided in paragraph (b) of this 13 subsection; and 14 (ii) A temporary line of credit to offset any temporary shortages in 15 the operating fund balance of the trust fund may be obtained as pro- 16 vided in paragraph (b) of this subsection. 17 (b) There is hereby established a temporary line of credit to be drawn 18 from the state general account to the trust fund account in the amount of 19 one million dollars ($1,000,000). This amount of money is continuously 20 appropriated for the purposes of this chapter. The temporary line of 21 credit may be drawn upon by the trust fund only during the first eighteen 22 (18) months after the effective date of this chapter and only for the pur- 23 pose of financing the initial start-up costs of the trust fund and any 24 temporary shortages in the operating fund balance of the trust fund. The 25 manager may draw upon all or part of the temporary line of credit, as 26 shall be required. The money advanced from the state general account shall 27 be repaid with interest from surplus moneys in the trust fund to the gen- 28 eral account within one (1) year from the date the trust fund commences to 29 issue contracts of insurance. Interest of ten percent (10%) per annum 30 shall be calculated upon the principal amount outstanding each month until 31 repaid. 32 (c) In the event the trust fund is unable to repay the funds drawn from 33 the state general account under the temporary line of credit established 34 under paragraph (b) of this subsection due to the dissolution of the trust 35 fund pursuant to a court order, then an amount necessary to repay the line 36 of credit shall be appropriated by the next regular session of the state 37 legislature. 38 (d) Funds obtained from the temporary line of credit shall constitute a 39 subordinated indebtedness subject to the provisions of section 41-4943, 40 Idaho Code. 41 (6) The manager of the state insurance fund, as trustee of the trust 42 fund, shall enter into a management and administrative contract with the state 43 insurance fund to provide the following services to the trust fund: 44 (a) Administrative functions including the hiring of qualified personnel 45 and the payment of salaries and wages earned, plus recordkeeping for the 46 personnel hired to provide services for the trust fund. 47 (b) Accounting and recordkeeping of all receipts and disbursements of the 48 trust fund. 49 (c) Underwriting functions of the trust fund to issue contracts of lia- 50 bility insurance and charge appropriate application fees under section 51 41-4908, Idaho Code, for such contracts and keep accurate statistical 52 records. 53 (d) Claims handling functions of the trust fund to process and pay appro- 54 priate claims in a prompt, fair and reasonable manner. 55 (e) Auditing functions of the trust fund to maintain accurate records of 3 1 receipts and disbursements by the trust fund and accurate reporting of 2 statistics by owners or operators of storage tanks covered by a contract 3 of insurance issued by the trust fund. 4 (f) Actuarial functions of the trust fund to maintain credible and viable 5 statistics, sufficient operating fund balances, and appropriate loss 6 reserves. 7 (g) Computer and data processing functions to assist the trust fund in 8 maintaining complete and accurate records in a timely manner and issue 9 loss payments and other disbursements, as well as provide individual sta- 10 tistics and records of storage tanks covered by a contract of insurance 11 issued by the trust fund. 12 (h) Computer programming functions to maintain a proficient and current 13 data processing system for the trust fund. 14 (i) Legal services for the trust fund. 15 (j) Any and all other functions the manager of the state insurance fund 16 as trustee deems prudent and reasonable to assure the successful operation 17 of the trust fund. 18 (7) The Idaho petroleum clean water trust fund shall be administered 19 without liability on the part of the state insurance fund or the state of 20 Idaho beyond the amount of said trust fund. 21 (8) The administrator, subject to the approval of the manager of the 22 state insurance fund as trustee, shall have the power to receive and account 23 for all moneys paid into the trust fund, accept and evaluate applications for 24 insurance coverage and issue the contracts of insurance and evaluate, investi- 25 gate and adjust claims made against the trust fund and make agreements for 26 corrective actions or compensation to third parties for bodily injury or prop- 27 erty damage those parties may be legally entitled to receive from the trust 28 fund in accordance with the provisions of this chapter. 29 (9) The administrator, with the approval of the trustee, shall establish 30 underwriting procedures to issue contracts of insurance and claim procedures. 31 The administrator shall be given notice of all applications, hearings and pro- 32 ceedings involving the rights of the trust fund and shall represent the trust 33 fund in all proceedings. The administrator's decisions shall be written, and 34 shall include all reasons for his decisions and shall be subject to judicial 35 review in the district court of Ada county; provided, however, that the admin- 36 istrator and the trust fund shall not be liable for alleged bad faith or other 37 legal theories based on any method or timing of the claims processed on his 38 decision. 39 (10) The manager of the state insurance fund may employ legal counsel or 40 obtain legal counsel through the attorney general concerning all legal matters 41 arising out of the existence and operation of the trust fund, including claims 42 made against the contracts of insurance issued by the administrator of the 43 trust fund. 44 (11) The manager of the state insurance fund may also employ such employ- 45 ees or contract for such services as are necessary to assist in the adminis- 46 tration of the trust fund, and all such administrative expenses incurred by 47 the state insurance fund for the benefit of the trust fund shall be reimbursed 48 by the trust fund. 49 (12) The administrator may, in his official capacity, sue and be sued in 50 all courts of the state, and shall be entitled to a defense by the state of 51 Idaho for any alleged acts of negligence that may arise out of his official 52 duties as administrator and/or as an employee of the state of Idaho. 53 SECTION 2. That Section 41-4914, Idaho Code, be, and the same is hereby 54 amended to read as follows: 4 1 41-4914.PERPETUALAPPROPRIATION. All moneys which may come into the 2 Idaho petroleum clean water trust fundare hereby perpetually appropriated to3 may be expended by the manager of the state insurance fundas trustee to be4expended by himonly pursuant to legislative appropriation for the purposes of 5 this chapter. 6 SECTION 3. This act shall be in full force and effect on and after Janu- 7 ary 1, 2001.
STATEMENT OF PURPOSE RS 10323C3 State law provides that the personnel costs, operating expenditures and capital outlay budget of the Idaho Petroleum Clean Water Trust Fund shall be subject to review and approval in the appropriation of the state insurance fund and that no other appropriations need to be made. This is accomplished through a perpetual appropriation. This legislation removes the perpetual appropriation and requires that all moneys be appropriated for any purposes. FISCAL NOTE There is some fiscal impact. The manager of the state insurance fund will be required to submit an annual budget request, including performance information, for the Idaho Petroleum Clean Water Trust Fund pursuant to section 67-3502. The effective date is July 1, 2001, which allows the manager time to submit the fiscal year 2002 budget request. The budget request must be submitted on a state fiscal year basis rather than a calendar year basis as is currently used by the Fund. Furthermore, the budget request would not be limited to personnel costs, operating expenditures, and capital outlay but would include all estimated needs for all purposes including claims expenses. Contact: Senator Evan Frasure 2-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1583