2002 Legislation
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HOUSE BILL NO. 484 – Insurance, surplus lines broker lic

HOUSE BILL NO. 484

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Daily Data Tracking History



H0484...........................................................by BUSINESS
INSURANCE - SURPLUS LINES BROKERS - Amends and repeals existing law
relating to insurance to provide for surplus line brokers to be licensed in
Idaho; to revise definitions; to provide that the broker shall file an
affidavit with the director of the Department of Insurance within thirty
days after the insurance policy is received by the broker; to provide for
rules; to provide that a person who independently procures his own
insurance pursuant to the surplus lines law shall only purchase surplus
line insurance from listed insurers; to apply penalties to the person who
independently procures his own insurance; to revise requirements for
licensing of surplus line brokers; to revise criteria for which a surplus
line broker's license may be suspended or revoked; to revise record
requirements; to require an annual report; to provide penalties for brokers
who fail to file the required report or remit the required tax; and to
revise requirements for reports and tax of independently procured
coverages.
                                                                        
01/24    House intro - 1st rdg - to printing
01/25    Rpt prt - to Bus
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 59-0-11
      AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Callister, Campbell, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones,
      Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague,
      Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young
      NAYS -- None
      Absent and excused -- Bedke, Bruneel, Crow, Gould, Jaquet, Kendell,
      Montgomery, Sellman, Smith(23), Wood, Mr. Speaker
    Floor Sponsor - Meyer
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Com/HuRes
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor-Goedde
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 91
         Effective: 03/19/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 484
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SURPLUS INSURANCE LINE LAW; AMENDING  SECTION  41-1211,  IDAHO
  3        CODE,  TO  PROVIDE FOR SURPLUS LINE BROKERS TO BE LICENSED IN IDAHO AND TO
  4        MAKE A TECHNICAL CORRECTION; AMENDING SECTION 41-1213, IDAHO CODE, TO PRO-
  5        VIDE THAT THE DEFINITION OF BROKER INCLUDES RESIDENT SURPLUS LINE  BROKERS
  6        AND  NONRESIDENT  SURPLUS LINE BROKERS AND TO MAKE A TECHNICAL CORRECTION;
  7        AMENDING SECTION 41-1215, IDAHO CODE, TO PROVIDE  THAT  THE  BROKER  SHALL
  8        FILE OR CAUSE TO BE FILED AN AFFIDAVIT WITH THE DIRECTOR OF THE DEPARTMENT
  9        OF  INSURANCE WITHIN THIRTY DAYS AFTER THE INSURANCE POLICY IS RECEIVED BY
 10        THE BROKER; AMENDING SECTION 41-1216, IDAHO CODE, TO PROVIDE FOR RULES AND
 11        TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 41-1217,  IDAHO  CODE,  TO
 12        PROVIDE  THAT A PERSON WHO INDEPENDENTLY PROCURES ITS OWN INSURANCE PURSU-
 13        ANT TO THE SURPLUS LINE LAW SHALL ONLY  PURCHASE  SURPLUS  LINE  INSURANCE
 14        FROM  INSURERS ON THE LIST OF ELIGIBLE INSURERS; AMENDING SECTION 41-1218,
 15        IDAHO CODE, TO APPLY PENALTIES TO THE PERSON  WHO  INDEPENDENTLY  PROCURES
 16        ITS  OWN  INSURANCE  AND  TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
 17        41-1223, IDAHO CODE, TO REVISE REQUIREMENTS FOR LICENSING OF SURPLUS  LINE
 18        BROKERS  AND  TO  MAKE  A  TECHNICAL CORRECTION; AMENDING SECTION 41-1224,
 19        IDAHO CODE, TO REVISE CRITERIA FOR WHICH A SURPLUS LINE  BROKER'S  LICENSE
 20        MAY BE SUSPENDED OR REVOKED; REPEALING SECTION 41-1225, IDAHO CODE; AMEND-
 21        ING  SECTION  41-1227,  IDAHO CODE, TO REVISE RECORD REQUIREMENTS FOR BRO-
 22        KERS; AMENDING SECTION 41-1228, IDAHO CODE, TO REQUIRE AN ANNUAL REPORT OF
 23        A BROKER; AMENDING SECTION 41-1230, IDAHO CODE, TO PROVIDE  PENALTIES  FOR
 24        BROKERS  WHO  FAIL TO FILE THE ANNUAL REPORT OR REMIT THE REQUIRED TAX AND
 25        TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 41-1233, IDAHO  CODE,
 26        TO  REVISE REQUIREMENTS FOR REPORTS AND TAX OF INDEPENDENTLY PROCURED COV-
 27        ERAGES; AND DECLARING AN EMERGENCY.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION 1.  That Section 41-1211, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        41-1211.  SURPLUS LINE LAW -- SHORT TITLE -- PURPOSE. (1) Sections 41-1211
 32    through  41-1234, Idaho Code, constitute and may be cited as the "Surplus Line
 33    Law."
 34        (2)  It is declared that the purposes of the Ssurplus Lline  Llaw  are  to
 35    provide orderly access for the insuring public of Idaho to insurers not autho-
 36    rized  to  transact insurance in this state, through only qualified, licensed,
 37    and supervised surplus line brokers resident licensed in Idaho and under  such
 38    safeguards for the insured as may be practical, for insurance coverages and to
 39    the  extent  thereof  not procurable from authorized insurers; to protect such
 40    authorized insurers, which under the laws of Idaho must meet certain standards
 41    as to policy forms and rates, from  unwarranted  competition  by  unauthorized
 42    insurers  who,  in  the  absence  of this law, would not be subject to similar
 43    requirements; and for other purposes as set forth in this law.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 41-1213, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        41-1213.  DEFINITIONS.  (1)  "Broker" as used in this chapter means a sur-
  4    plus line broker duly licensed as such under this chapter, including  resident
  5    surplus line brokers and nonresident surplus line brokers.
  6        (2)  To  "export"  means  to  place  in an unauthorized insurer under this
  7    Ssurplus Lline Llaw  insurance  covering  a  subject  of  insurance  resident,
  8    located, or to be performed in Idaho.
                                                                        
  9        SECTION  3.  That  Section 41-1215, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        41-1215.  BROKER'S AFFIDAVIT. At the time of procuring  any  such  surplus
 12    line insurance the broker shall execute an affidavit, in form as prescribed or
 13    accepted  by the director, setting forth facts from which it can be determined
 14    whether such insurance was eligible for export under  section  41-1214,  Idaho
 15    Code.  The  broker  shall  file, or cause to be filed, this affidavit with the
 16    director within thirty (30) days after the insurance policy is received by the
 17    broker.
                                                                        
 18        SECTION 4.  That Section 41-1216, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        41-1216.  OPEN  LINES FOR EXPORT. (1) The director may by order or by rule
 21    declare eligible for export generally and without compliance with  the  provi-
 22    sions of sections 41-1214(2), 41-1214(3) and 41-1215, Idaho Code, any class or
 23    classes  of  insurance coverage or risk for which he finds, after a hearing of
 24    which notice was given to each insurer authorized to transact  such  class  or
 25    classes  in this state, consistent with the procedural requirements of chapter
 26    52, title 67, Idaho Code, that there is no reasonable or adequate market among
 27    authorized insurers either as to acceptance of the risk,  contract  terms,  or
 28    premium  or  premium  rate. Any such order shall continue in effect during the
 29    existence of the conditions upon which predicated, but subject to earlier ter-
 30    mination by the director.
 31        (2)  The broker shall file with or as directed by the director a  memoran-
 32    dum as to each such coverage placed by him in an unauthorized insurer, in such
 33    form and context as the director may reasonably require for the identification
 34    of  the  coverage  and  determination of the tax payable to the state relative
 35    thereto.
 36        (3)  The broker, or a licensed Idaho agent of the authorized insurer,  may
 37    also  place  with authorized insurers any insurance coverage made eligible for
 38    export generally under subsection (1)  above,  of  this  section  and  without
 39    regard  to  rate  or  form filings which may otherwise be applicable as to the
 40    authorized insurer. As to coverages so placed in  an  authorized  insurer  the
 41    premium tax thereon shall be reported and paid by the insurer as required gen-
 42    erally under section 41-402, Idaho Code.
                                                                        
 43        SECTION  5.  That  Section 41-1217, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        41-1217.  ELIGIBLE SURPLUS LINES INSURERS. (1) A broker  shall  not  know-
 46    ingly  place  surplus  lines  insurance with an insurer that is unsound finan-
 47    cially, or that is ineligible under this section.
 48        (2)  The director shall from time to time compile or approve a list of all
                                                                        
                                           3
                                                                        
  1    surplus lines insurers deemed by him to be eligible currently, and shall cause
  2    to be sent a copy of such list to each broker at his  office  last  of  record
  3    with the director. This subsection shall not be deemed to require the director
  4    to  determine  the actual financial condition or claims practices of any unau-
  5    thorized insurer; and the status of eligibility, if granted by  the  director,
  6    shall  indicate  only  that the insurer appears to be sound financially and to
  7    have satisfactory claims practices, and that the director has no credible evi-
  8    dence to the contrary. While any such list  is  in  effect  the  broker  shall
  9    restrict  to  the  insurers so listed all surplus lines business placed by him
 10    and a person who independently procures its own  insurance  pursuant  to  this
 11    chapter  for risks located in Idaho shall only purchase surplus line insurance
 12    from insurers so listed.
                                                                        
 13        SECTION 6.  That Section 41-1218, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        41-1218.  ELIGIBLE SURPLUS LINE INSURERS -- PENALTY FOR VIOLATION. (1) For
 16    any violation of section 41-1217, Idaho Code, the broker or a person who inde-
 17    pendently procures its own insurance shall, upon conviction thereof, be guilty
 18    of  a  misdemeanor  punishable  as  provided  in  section  41-117, Idaho Code,
 19    (general penalty). If the director finds, after hearing, that the  broker  has
 20    violated  such  section  he  shall  revoke all licenses held by him under this
 21    code, and shall not again license such individual under  this  code  within  a
 22    period of two (2) years after such revocation became final.
 23        (2)  The  director may impose an administrative penalty not to exceed fif-
 24    teen thousand dollars ($15,000), for deposit in the  general  account  of  the
 25    state  of  Idaho,  upon  any person or entity who transacts or who attempts to
 26    transact insurance as a surplus lines insurer in violation of any provision of
 27    chapter 12, title 41, Idaho Code.  Failure of any such person or entity to pay
 28    a fine imposed pursuant to the provisions of this section shall authorize  the
 29    director  to seek enforcement of the fine, and any associated costs and attor-
 30    ney fees related to bringing the action, in any district court of this state.
                                                                        
 31        SECTION 7.  That Section 41-1223, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        41-1223.  LICENSING  OF  SURPLUS  LINE  BROKERS.  (1) Any individual while
 34    licensed in this state as a producer licensed for property or casualty  insur-
 35    ance  who  has  had  at least two (2) years' experience as a licensed agent or
 36    broker producer for the lines of insurance for  which  he  is  seeking  to  be
 37    licensed  as  a  surplus lines broker, and who is deemed by the director to be
 38    competent and trustworthy with respect to the handling of surplus  lines,  and
 39    while  maintaining  an  office  at a designated location in this state, may be
 40    licensed as a surplus line broker.
 41        (2)  Application for the license shall be made to the director on forms as
 42    designated and furnished by the director.
 43        (3)  The license and continuation fee shall be as set forth by rule pursu-
 44    ant to section 41-401, Idaho Code.
 45        (4)  The license and licensee shall be subject to  the  applicable  provi-
 46    sions of chapter 10, title 41, Idaho Code (producers -- licensing).
                                                                        
 47        SECTION  8.  That  Section 41-1224, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        41-1224.  SUSPENSION OR REVOCATION OF BROKER'S LICENSE. (1)  The  director
                                                                        
                                           4
                                                                        
  1    may suspend or revoke any surplus line broker's license:
  2        (a)  If  the  broker fails to file his annual statement report or to remit
  3        the tax as required by this law; or
  4        (b)  If the broker fails to maintain an office in this state, or  to  keep
  5        the records, or to allow the director to examine his records in this state
  6        as required by this law, or if he removes his records from the state; or
  7        (c)  If the broker knowingly places a surplus line coverage in an insurer
  8        that  is  in unsound financial condition in  violation of section 41-1217,
  9        Idaho Code; or
 10        (d)  For any other applicable cause for  which  a  general  lines  agent's
 11        producer's license may be suspended or revoked.
 12        (2)  The procedures provided by chapter 10, title 41, Idaho Code, for sus-
 13    pension or revocation of licenses shall apply to suspension or revocation of a
 14    surplus line broker's license.
 15        (3)  Upon  suspending  or  revoking  the broker's surplus line license the
 16    director shall also suspend or revoke all other licenses of the same  individ-
 17    ual under this code.
 18        (4)  No  broker whose license has been so suspended or revoked shall again
 19    be so licensed until any fines or delinquent taxes  owing  by  him  have  been
 20    paid,  nor, in case of revocation, until after expiration of one (1) year from
 21    date revocation became final.
                                                                        
 22        SECTION 9.  That Section 41-1225, Idaho Code, be, and the same  is  hereby
 23    repealed.
                                                                        
 24        SECTION  10.  That Section 41-1227, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        41-1227.  RECORDS OF BROKER. (1) Each broker shall keep in his  office  in
 27    this  state  a  full and true record of each surplus line coverage procured by
 28    him, including a copy of each daily report, if any, a copy of each certificate
 29    of insurance issued by him, and such of the following items as may be applica-
 30    ble:
 31        (a)  Amount of the insurance;
 32        (b)  Gross premium charged;
 33        (c)  Return premium paid, if any;
 34        (d)  Rate of premium charged upon the several items of property;
 35        (e)  Effective date of the contract, and the terms thereof;
 36        (f)  Name and address of each insurer on the direct risk and  the  propor-
 37        tion  of  the  entire risk assumed by such insurer if less than the entire
 38        risk;
 39        (g)  Name and address of the insured;
 40        (h)  Brief general description of the property of risk injured  and  where
 41        located or to be performed; and
 42        (i)  Other information as may be required by the director.
 43        (2)  The  record  shall  not  be  removed from this state and shall at all
 44    times within five (5) years after issuance of the coverage to which it relates
 45    be open to examination in this state by the director.
                                                                        
 46        SECTION 11.  That Section 41-1228, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        41-1228.  ANNUAL  STATEMENT  REPORT OF BROKER. (1) Each broker shall on or
 49    before the first day of March of each year file with the director  a  verified
 50    statement  report  of  all surplus line insurance transacted by him during the
                                                                        
                                           5
                                                                        
  1    preceding calendar year.
  2        (2)  The statement shall be on forms as prescribed and  furnished  by  the
  3    director and shall show:
  4        (a)  Gross amount of each kind of insurance transacted;
  5        (b)  Aggregate gross premiums charged;
  6        (c)  Aggregate of returned premiums paid to insureds;
  7        (d)  Aggregate of net premiums; and
  8        (e)  Additional information as required by the director.
                                                                        
  9        SECTION  12.  That Section 41-1230, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        41-1230.  FAILURE TO FILE STATEMENT REPORT OR REMIT TAX -- PENALTY. If any
 12    broker fails to file his annual statement report, or fails to  remit  the  tax
 13    provided  by  section  41-1229,  herein  Idaho Code, prior to the first day of
 14    April after the tax is due, he shall be liable for a fine of twenty-five  dol-
 15    lars  ($25.00)  for  each  day of delinquency commencing with the first day of
 16    April. The tax may be collected by distraint, or  the  tax  and  fine  may  be
 17    recovered  by  an  action instituted by the director in any court of competent
 18    jurisdiction. Any fine collected by the director shall be paid  to  the  state
 19    treasurer and credited to the general fund.
                                                                        
 20        SECTION  13.  That Section 41-1233, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        41-1233.  REPORT AND TAX OF INDEPENDENTLY PROCURED  COVERAGES.  (1)  Every
 23    insured  who  in  this state procures or causes to be procured or continues or
 24    renews insurance in an unauthorized foreign insurer, or any  self-insurer  who
 25    in  this  state  so  procures  or  continues excess loss, catastrophe or other
 26    insurance, upon a subject of insurance resident, located or  to  be  performed
 27    within this state, other than insurance procured through a surplus line broker
 28    pursuant  to  the surplus line law of this state or exempted from tax pursuant
 29    to section 41-1212, Idaho Code, shall within thirty (30) days after  the  date
 30    such  insurance  policy  was  so received by the insured, continued or renewed
 31    file a written report of the same with the director surplus  line  association
 32    on forms designated by the director and furnished to the insured upon request.
 33    The  report  shall  show the name and address of the insured or insureds, name
 34    and address of the insurer, the subject of the insurance, a  general  descrip-
 35    tion  of  the  coverage, the amount of premium currently charged therefor, and
 36    such additional pertinent information as the director reasonably requests.  If
 37    the  insurance  covers  also a subject of insurance resident, located or to be
 38    performed outside this state a proper pro rata portion of the  entire  premium
 39    payable  for  all such insurance shall be allocated to this state for the pur-
 40    poses of this section.
 41        (2)  Any insurance in an unauthorized insurer  procured  through  negotia-
 42    tions  or  an application in whole or in part occurring or made within or from
 43    within this state, or for which premiums in whole  or  in  part  are  remitted
 44    directly or indirectly from within this state, shall be deemed to be insurance
 45    procured or continued or renewed in this state within the intent of subsection
 46    (1) of this section.
 47        (3)  The insured with respect to the obligation, chose in action, or right
 48    represented  by  such insurance shall be subject to chapter 4, title 41, Idaho
 49    Code, as it pertains to premium tax. Within thirty (30) days after the  insur-
 50    ance  policy was so received by the insured, continued or renewed, and coinci-
 51    dentally with the filing with the director surplus line  association   of  the
                                                                        
                                           6
                                                                        
  1    report  provided  for in subsection (1) of this section, the insured shall pay
  2    the amount of the tax to the director and a stamping fee to the  surplus  line
  3    association.
  4        (4)  The  tax  imposed  hereunder if delinquent shall bear interest at the
  5    rate of six percent (6%) per annum, compounded annually.
  6        (5)  The tax shall be collectible from the insured by civil action brought
  7    by the director, or by distraint.
  8        (6)  This section does not abrogate or modify any  provision  of  sections
  9    41-1201  (representing  or  aiding  unauthorized  insurer prohibited), 41-1202
 10    (representing or  aiding  unauthorized  insurer  prohibited  --  penalty),  or
 11    41-1203 (suits by unauthorized insurer prohibited), Idaho Code.
 12        (7)  This section does not apply as to life or disability insurances.
                                                                        
 13        SECTION  14.  An  emergency  existing  therefor, which emergency is hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                           RS 11531C2

This legislation brings the Surplus Line broker regulation into 
compliance with the national Gramm-Leach Bliley law. The law
also clarifies requirements relating to self-procured insurance


                          FISCAL IMPACT

There should be no fiscal impact resulting from this proposed 
legislation.



Contact
Name:	Woody Richards, Surplus Line Association
Phone:	385 5451


STATEMENT OF PURPOSE/FISCAL NOTE		H 484