2002 Legislation
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SENATE BILL NO. 1342 – Insurance policies, advice, fees

SENATE BILL NO. 1342

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Daily Data Tracking History



S1342.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE - Amends existing law to specify which persons may, for a fee,
offer advice or other services regarding the benefits and disadvantages of
insurance policies.
                                                                        
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
02/19    3rd rdg - PASSED - 28-3-4
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
      Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Schroeder, Sorensen, Stennett, Thorne,
      Wheeler
      NAYS -- Sims, Stegner, Williams
      Absent and excused -- Frasure, Hawkins, Risch, Sandy
    Floor Sponsor - Goedde
    Title apvd - to House
02/20    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 - 54-1-15
      AYES -- Aikele, 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, Higgins, Jaquet, Kellogg(Duncan), Kunz, Lake,
      Langford, Loertscher, Martinez, McKague, Montgomery, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Young
      NAYS -- Henbest
      Absent and excused -- Barrett, Boe, Clark, Crow, Gould, Hornbeck,
      Jones, Kendell, Mader, Meyer, Mortensen, Roberts, Sellman, Wood, Mr.
      Speaker
    Floor Sponsor - Kellogg(Duncan)
    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 282
         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. 1342
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE; AMENDING SECTION 41-1004, IDAHO CODE, TO  PROVIDE  THAT
  3        ONLY  SPECIFIED  PERSONS  MAY ENGAGE FOR A FEE IN THE BUSINESS OF OFFERING
  4        ADVICE, COUNSEL, OPINION OR SERVICE REGARDING THE BENEFITS, ADVANTAGES  OR
  5        DISADVANTAGES OF INSURANCE POLICIES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 41-1004, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        41-1004.  LICENSE REQUIRED. (1) A person shall not sell, solicit or  nego-
 10    tiate insurance in this state for any class or classes of insurance unless the
 11    person is licensed as a producer for that line of authority in accordance with
 12    this chapter.
 13        (2)  A person shall not, for a fee, engage in the business of offering any
 14    advice,  counsel,  opinion or service with respect to the benefits, advantages
 15    or disadvantages under any policy of insurance that could be issued  in  Idaho
 16    unless that person is:
 17        (a)  A  licensed  insurance producer offering advice concerning a class of
 18        insurance as to which the producer is licensed  to  transact  business  in
 19        this state;
 20        (b)  An attorney rendering services in the performance of the duties of an
 21        attorney;
 22        (c)  A  certified  public accountant rendering services in the performance
 23        of the duties of a certified public accountant, as authorized by law;
 24        (d)  An actuary rendering actuarial services if such actuary is  a  member
 25        of  an  organization  determined by the director as establishing standards
 26        for the actuarial profession;
 27        (e)  A person providing services to producers or authorized insurers only;
 28        (f)  A person rendering services as an expert pursuant to the Idaho  rules
 29        of evidence; or
 30        (g)  An   investment   adviser,   investment   adviser  representative  or
 31        federally-covered investment adviser as defined in section 30-1402,  Idaho
 32        Code.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 11757

This proposed legislation is intended to correct a deficiency in 
the Producer Licensing bill (HE35) passed in the 2001 session. 
Insurance consultant licensing was deleted in HB35 but Idaho Code 
did not address or require a producer license to advise or consult 
on insurance matters. With the inclusion of advising and consulting 
in practices which require a license, a number of exemptions were 
added to limit duplicate licensing in other professional fields.


                        FISCAL IMPACT



None



Contact
Name:	John Goedde
Phone:	332-1355



STATEMENT OF PURPOSE/FISCAL NOTE		S 1342