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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 theSsurplusLlineLlaw 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 brokersresidentlicensed 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 7SsurplusLlineLlaw 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 riskforwhich he finds,after a hearing of24which notice was given to each insurer authorized to transact such class or25classes 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 licensedin this stateas a producer licensed for property or casualty insur- 35 ance who has had at least two (2) years' experience as alicensed agent or36brokerproducer for the lines of insurance for which he is seeking to be 37 licensed as a surplus linesbroker, and who is deemed by the director to be 38 competent and trustworthy with respect to the handling of surplus lines,and39while 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 annualstatementreport or to remit 3 the tax as required by this law; or 4 (b) If the broker failsto maintain an office in this state, orto 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 ageneral lines agent's11 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 officein27this statea 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 recordshall not be removed from this state andshall 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. ANNUALSTATEMENTREPORT OF BROKER. (1) Each broker shall on or 49 before the first day of March of each year file with the director a verified 50statementreport 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 FILESTATEMENTREPORT OR REMIT TAX -- PENALTY. If any 12 broker fails to file his annualstatementreport, or fails to remit the tax 13 provided by section 41-1229,hereinIdaho 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 thedirectorsurplus 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 thedirectorsurplus 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 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