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S1402.......................................by COMMERCE AND HUMAN RESOURCES MOTOR VEHICLE SERVICE CONTRACTS - Amends and repeals existing law to remove duties and responsibilities of the director of the Department of Insurance for the review of examinations, receipt of notice of policy cancellations, and other recordkeeping requirements involving motor vehicle service contract providers. 02/08 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Com/HuRes 02/15 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 17-10-8 AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron, Darrington, Davis, Hill, King-Barrutia, Little, Lodge, Risch(Risch), Schroeder, Sims, Sorensen, Thorne NAYS -- Brandt, Dunklin, Geddes, Hawkins, Ingram, Noh, Richardson, Stegner, Stennett, Wheeler Absent and excused -- Deide, Frasure, Goedde, Ipsen, Keough, Marley, Sandy, Williams Floor Sponsor - Sims Title apvd - to House 02/22 House intro - 1st rdg - to Bus 03/08 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg Rls susp - PASSED - 60-1-9 AYES -- Aikele, Barraclough, Bedke, Bell, Block, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Loertscher, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Barrett Absent and excused -- Bieter, Black, Boe, Harwood, Langford, Mader, Sellman, Smith(23), Wood Floor Sponsor - Tilman Title apvd - to Senate 03/12 To enrol 03/13 Rpt enrol - Pres signed Sp signed 03/14 To Governor 03/26 Governor signed Session Law Chapter 299 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1402 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE SERVICE CONTRACTS; AMENDING SECTION 49-2803, IDAHO 3 CODE, TO REMOVE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FROM THE LIST 4 OF PERSONS WHO ARE REQUIRED TO RECEIVE ADVANCE NOTICE OF CANCELLATION OF A 5 SERVICE CONTRACT LIABILITY INSURANCE POLICY; AMENDING SECTION 49-2807, 6 IDAHO CODE, TO DELETE THE REQUIREMENT FOR REVIEW OF CERTAIN EXAMINATIONS 7 BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; REPEALING SECTION 49-2808, 8 IDAHO CODE; AND AMENDING SECTION 49-2809, IDAHO CODE, TO PROVIDE THAT PER- 9 SONS MARKETING, SELLING OR OFFERING TO SELL MOTOR VEHICLE SERVICE CON- 10 TRACTS FOR MOTOR VEHICLE SERVICE CONTRACT PROVIDERS AND MOTOR VEHICLE SER- 11 VICE CONTRACT PROVIDERS ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF 12 CHAPTER 10, TITLE 41, IDAHO CODE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-2803, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-2803. SERVICE CONTRACT REIMBURSEMENT POLICY REQUIREMENTS. (1) Manda- 17 tory insurance. 18 (a) No motor vehicle service contract shall be issued, sold, or offered 19 for sale in this state unless the motor vehicle service contract provider 20 is insured under a service contract liability policy issued by an insurer 21 admitted to do business in this state. The policy shall provide that the 22 insurer will pay to, or on behalf of, the motor vehicle service contract 23 provider all sums which the motor vehicle service contract provider is 24 legally obligated to pay according to the motor vehicle service contract 25 provider's contractual obligations under the motor vehicle service con- 26 tracts issued or sold by the motor vehicle service contract provider. 27 (b) All service contract liability policies insuring motor vehicle ser- 28 vice contracts issued, sold or offered for sale in this state must con- 29 spicuously state that, upon failure of the motor vehicle service contract 30 provider to perform under the contract, the issuer of the policy shall pay 31 on behalf of the provider any sums which the provider is legally obligated 32 to perform, according to the provider's contractual obligations under the 33 motor vehicle service contracts issued or sold by the provider. 34 (2) Reserves. The reserve to be maintained on service contract liability 35 policies issued: 36 (a) Covering new vehicles shall be one which generates an unearned pre- 37 mium reserve not less than the unearned premium reserve which is generated 38 by applying the "reverse sum of the digits" earnings method to each policy 39 issued; 40 (b) Covering used vehicles shall be a reserve of not less than the 41 unearned premium reserve which is generated by the "straight line" or 42 "prorated" earnings method; or 43 (c) Shall be by such other methods as are certified annually by a compe- 2 1 tent actuary who is a member of the American society of actuaries. 2 (3) Premiums. Premiums are defined as those funds paid by or on behalf of 3 the motor vehicle service contract provider to the liability insurance policy 4 issuer for such risks covered under such liability insurance policy. Such pre- 5 miums or the method of developing such premiums shall be filed with the direc- 6 tor of the department of insurance for approval. 7 (4) Cancellation of service contract liability insurance policy. The 8 issuer of a service contract liability policy may not cancel the policy until 9 a thirty (30) days' advance notice of cancellation has been mailed or deliv- 10 ered tothe director of the department of insurance and toeach motor vehicle 11 service contract provider. The cancellation of a service contract liability 12 policy shall not reduce the insurer's responsibility for motor vehicle service 13 contracts issued by motor vehicle service contract providers prior to the date 14 of the cancellation. 15 SECTION 2. That Section 49-2807, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-2807. RECORDKEEPING REQUIREMENTS. All motor vehicle service contract 18 providers shall keep accurate accounts, books and records concerning transac- 19 tions regulated under the provisions of this act. A motor vehicle service con- 20 tract provider's accounts, books and records shall include: 21 (1) Copies of all motor vehicle service contracts issued; 22 (2) The name and address of each motor vehicle service contract holder; 23 and 24 (3) Claim files. 25 All motor vehicle service contract providers shall retain all records per- 26 taining to each motor vehicle service contract holder for at least three (3) 27 years after the specified period of coverage has expired. It shall be the 28 responsibility of the insurer issuing the liability policy to make an examina- 29 tion at least every two (2) years of each motor vehicle service contract pro- 30 vider which they insure to assure that each provider is in compliance with the 31 recordkeeping requirements.Copies of these examinations shall be subject to32review by the director of the department of insurance.33 SECTION 3. That Section 49-2808, Idaho Code, be, and the same is hereby 34 repealed. 35 SECTION 4. That Section 49-2809, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-2809. LICENSING. Persons marketing, selling or offering to sell motor 38 vehicle service contracts for motor vehicle service contract providers and 39 motor vehicle service contract providersthat comply with this actare exempt 40 from the licensing requirements of chapter 10, title 41, Idaho Code. Motor 41 vehicle service contracts issued by the motor vehicle manufacturer, importer, 42 distributor, or by a wholly owned affiliate of the motor vehicle manufacturer 43 which is not an insurance company, shall not be subject to regulation under 44 title 41, Idaho Code.
STATEMENT OF PURPOSE RS 11897 Relating to automobile service contracts, this legislation removes a requirement for certain filings with the Department of Insurance. In 1993, the Legislature adopted the Idaho Motor Vehicle Service Contract Act to clarify the law regarding the application of the Idaho Insurance Code to motor vehicle service contracts. The 1993 law contained certain filing requirements with the Department of Insurance, but provided that the Department of Insurance did not regulate vehicle service contracts. In 2000, the Legislature enacted Section 41-ll4A, Idaho Code, which exempts service contracts from regulation under the Insurance Code. This legislation removes the filing requirements and eliminates the inconsistency between the Insurance Code and the motor vehicle statutes. As a result, all service contracts will be treated in the same manner under Section 41-114A of the Idaho Code. FISCAL IMPACT There is no significant fiscal impact on the State of Idaho or local government. Although there will be a reduction of work and the associated costs in the Department of Insurance, the savings will be minimal. Because the Department is funded solely through dedicated funs (fees), there will be no impact on the General Fund. Contact Name: Senator Kathy Sims Phone: 332-1335 STATEMENT OF PURPOSE/FISCAL NOTE S 1402