2002 Legislation
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SENATE BILL NO. 1324 – Insurance producers, compensation

SENATE BILL NO. 1324

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Daily Data Tracking History



S1324.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE PRODUCERS - Amends and adds to existing law to provide for
insurance producer compensation; and to provide that certain producer fees
shall not be considered premiums.
                                                                        
01/23    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to Com/HuRes
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw,
      Cameron, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen,
      Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne(Thorne),
      Wheeler, Williams
      NAYS -- None
      Absent and excused -- Bunderson, Darrington, Frasure, Hawkins
    Floor Sponsor - Goedde
    Title apvd - to House
02/08    House intro - 1st rdg - to Bus
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 56-0-14
      AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Bolz,
      Bradford, Bruneel, Callister, Campbell, Collins, Cuddy, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley,
      Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kunz,
      Lake, Langford, Loertscher, Martinez, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
      Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Young,
      NAYS -- None
      Absent and excused -- Aikele, Barrett, Boe, Clark, Crow, Gould,
      Hornbeck, Jones, Kendell, Mader, Roberts, Sellman, Wood, Mr. Speaker
    Floor Sponsor - Deal
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/27    Governor signed
         Session Law Chapter 359
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1324
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO INSURANCE CODE; AMENDING CHAPTER  10,  TITLE  41,  IDAHO
  3        CODE,  BY  THE  ADDITION  OF  A NEW SECTION 41-1030, IDAHO CODE, TO DEFINE
  4        TERMS AND TO PROVIDE THAT RETAIL AND WHOLESALE PRODUCERS MAY  CHARGE  FEES
  5        OR  BE  COMPENSATED BY A COMBINATION OF FEES AND COMMISSIONS UPON THE DIS-
  6        CLOSURE OF CERTAIN INFORMATION; AND AMENDING SECTION 41-1803, IDAHO  CODE,
  7        TO PROVIDE THAT CERTAIN PRODUCER FEES SHALL NOT BE CONSIDERED PREMIUMS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  10,  Title 41, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 41-1030, Idaho Code, and to read as follows:
                                                                        
 12        41-1030.  PRODUCER COMPENSATION. (1) For purposes of this section:
 13        (a)  "Consumer"  means  an  insured,  a prospective insured or an employer
 14        group.
 15        (b)  "Retail producer" means a producer who solicits, negotiates  with  or
 16        sells an insurance contract directly to a consumer.
 17        (c)  "Wholesale  producer"  means  a  producer who solicits, negotiates or
 18        sells an insurance contract directly with a retail producer, but not  with
 19        a consumer.
 20        (2)  Notwithstanding  any  other provision of title 41, Idaho Code, and as
 21    provided in this subsection, retail  producers  and  wholesale  producers  may
 22    charge a fee or be compensated by a combination of fees and commissions.
 23        (a)  Before  charging a fee to a consumer, a retail producer shall provide
 24        to the consumer a written statement that describes the services the retail
 25        producer will perform and the  fees  the  retail  producer  will  receive.
 26        Acceptance  by the consumer of a fee arrangement shall be evidenced by the
 27        consumer signing and dating the fee statement.
 28        (b)  Before charging a fee to a  retail  producer,  a  wholesale  producer
 29        shall  provide  to  the retail producer a written statement that describes
 30        the services the wholesale producer will perform and the fees  the  whole-
 31        sale  producer  will receive. Information regarding the amount of the fees
 32        charged by the wholesale producer shall be disclosed  in  writing  on  the
 33        face of the policy as a separately itemized charge.
                                                                        
 34        SECTION  2.  That  Section 41-1803, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        41-1803.  "PREMIUM" DEFINED. "Premium" is the consideration for  insurance
 37    by  whatever  name  called.  Any  "assessment," or any "membership," "policy,"
 38    "survey," "inspection," "service" or similar fee or other charge in  consider-
 39    ation  for  an insurance contract is deemed part of the premium; provided that
 40    wholesale producer fees charged pursuant to  section  41-105930,  Idaho  Code,
 41    shall  not  be  considered  a premium unless the fee relates to a surplus line
                                                                        
                                           2
                                                                        
  1    policy.

Statement of Purpose / Fiscal Impact


	                   STATEMENT OF PURPOSE
                                RS 11498

This proposed legislation would put back into Idaho Code a 
provision that had been passed in the last session of the 
Legislature and signed into law but then was rescinded by a 
later piece of legislation during the session. The current 
proposal would also expand that legislation passed last year 
to now allow retail insurance agents to charge a fee for 
services, provided those services and fees are disclosed and 
agreed to in writing by the insured.


                          FISCAL IMPACT

Fees will be subject only to income tax. Theoretically, this 
legislation could adversely impact insurance premium taxes. In 
practicality, there should be little fiscal impact resulting from 
this proposed legislation, and there already exists a means to 
track any change and make adjustments if needed.




Contact
Name:	John Goedde
Phone:	208-332-1355


STATEMENT OF PURPOSE/FISCAL NOTE		S 1324