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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 40wholesaleproducer 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 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