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S1341.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE PRODUCERS - Amends existing law relating to insurance producer
licensing to provide correct code references; and to delete references to
consultants and consulting services.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Com/HuRes
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill,
Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- None
Absent and excused -- Branch(Bartlett), Dunklin, King-Barrutia
Floor Sponsor - Goedde
Title apvd - to House
02/19 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 - 55-0-15
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Hammond,, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kunz,
Lake, Loertscher, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Raybould, Ridinger, Robison, Sali, Schaefer,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Young
NAYS -- None
Absent and excused -- Aikele, Barrett, Clark, Gould, Harwood,
Hornbeck, Jones, Kendell, Langford, Mader, Pomeroy, Roberts, Sellman,
Wood, Mr. Speaker
Floor Sponsor - Higgins
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/26 Governor signed
Session Law Chapter 281
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1341
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO INSURANCE PRODUCER LICENSING; AMENDING SECTIONS 41-1002, 41-1006
3 AND 41-1108, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AND AMENDING
4 SECTION 41-1036, IDAHO CODE, TO REMOVE REFERENCES TO CONSULTANTS AND CON-
5 SULTING SERVICES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 41-1002, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 41-1002. TERMS CONSTRUED. Wherever the terms "agent" or "broker" appear
10 in title 41, Idaho Code, or in the rules of the department, they shall be
11 understood and construed to mean "producer" as defined in section 41-1003(98),
12 Idaho Code, except as used in section 41-1018, Idaho Code, and any other sec-
13 tions where it is apparent from the language that the terms should not be so
14 construed.
15 SECTION 2. That Section 41-1006, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 41-1006. APPLICATION FOR EXAMINATION. (1) A resident individual applying
18 for an insurance producer license shall pass a written examination unless
19 exempt pursuant to section 41-1008(4), or 41-1012, 41-1027(3) or
20 41-1028(2)(c), Idaho Code. The examination shall test the knowledge of the
21 individual concerning the lines of authority for which application is made,
22 the duties and responsibilities of an insurance producer and the insurance
23 laws and rules of this state. Examinations required by this section shall be
24 developed and conducted under rules prescribed by the director of the depart-
25 ment of insurance.
26 (2) Each individual applying for an examination shall remit a nonrefund-
27 able fee as promulgated by the director pursuant to section 41-401, Idaho
28 Code.
29 (3) An individual who fails to appear for the examination as scheduled or
30 who fails to pass the examination shall reapply for an examination and remit
31 all required fees and forms before being rescheduled for another examination.
32 (4) Applications for licensure not received by the department within one
33 hundred eighty (180) days of the successful completion of the examination
34 shall be denied.
35 SECTION 3. That Section 41-1108, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 41-1108. OTHER PROVISIONS APPLICABLE. The following sections of chapter
38 10, title 41, Idaho Code, shall, to the extent so applicable, also apply as to
39 adjuster licenses:
2
1 (1) 41-1007(1) (application for producer license).
2 (2) 41-1008 (producer license).
3 (3) 41-1011 (issuance, refusal of license).
4 (4) 41-1013 (continuation, expiration of license, continuing education
5 statement).
6 (5) 41-1016 (administrative penalty -- suspension, revocation, refusal of
7 license).
8 (6) 41-103326 (procedure following suspension, revocation -- reinstate-
9 ment).
10 (7) 41-103427 (return of license).
11 SECTION 4. That Section 41-1036, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 41-1036. RECORDS. (1) Every person A producer holding a license under
14 this chapter shall make available through his principal place of business:
15 (a) If a producer, complete records of transactions placed through or
16 countersigned by the producer; and
17 (b) If a consultant, complete records of subjects of insurance on which
18 the consultant has acted.
19 (2) Records as provided in subsection (1) of this section shall include,
20 but not be limited to:
21 (a) The names and addresses of insurer and insured;
22 (b) The number and expiration date of the policy or contract;
23 (c) The premium payable as to the policy or contract; and fee payable as
24 to consulting services;
25 (d) The date, time, insurer, insured and coverage of every binder made by
26 the producer;
27 (e) All disclosures made by a producer to an insured or to a prospective
28 insured; or by a consultant to any person; and
29 (f) Such other information as the director may reasonably require.
30 (3) The records shall be kept available for inspection by the director
31 for at least five (5) years after the creation or the completion, whichever is
32 later, of the respective transactions. or consulting services.
33 (4) This section shall not apply to life and disability insurance.
STATEMENT OF PURPOSE
RS ll4O7Cl
Last session, the legislature amended insurance statute to create
producer licensing rather than licensing agents, brokers, and
consultants. Several references to “consultant and consulting
services” were not removed from insurance code and that legislation.
This bill makes those corrections.
FISCAL IMPACT
None
Contact
Name: John Goedde
Phone: 332-1355
STATEMENT OF PURPOSE/FISCAL NOTE S 1341