2000 Legislation
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SENATE BILL NO. 1583 – Petroleum products, transfer fee

SENATE BILL NO. 1583

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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

Bill Text


 S1583
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN 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.  PERPETUAL  APPROPRIATION.  All  moneys  which  may come into the
  2    Idaho petroleum clean water trust fund are hereby perpetually appropriated  to
  3    may  be  expended  by the manager of the state insurance fund as trustee to be
  4    expended by him only 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 / Fiscal Impact


     
     
                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