2003 Legislation
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HOUSE BILL NO. 61 – Insurance code/rule, violatn, pnlty

HOUSE BILL NO. 61

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Daily Data Tracking History



H0061aa.........................................................by MR. SPEAKER
                    Requested by: Department of Insurance
INSURANCE - CODE/RULES - Amends existing law to set forth a general
administrative penalty for the violation of the insurance code or any rule
promulgated by the director of the Department of Insurance; and to clarify
penalties.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Bus
01/28    Rpt out - to Gen Ord
01/31    Rpt out amen - to engros
02/03    Rpt engros - 1st rdg - to 2nd rdg as amen
02/04    2nd rdg - to 3rd rdg as amen
02/05    Ret'd to Bus

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 61
                                                                        
                                       BY MR. SPEAKER
                           Requested by: Department of Insurance
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO INSURANCE CODE; AMENDING SECTION 41-117, IDAHO CODE,  TO
  3        SET FORTH A GENERAL ADMINISTRATIVE PENALTY FOR THE VIOLATION OF THE INSUR-
  4        ANCE CODE OR ANY RULE PROMULGATED BY THE DIRECTOR.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  41-117, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        41-117.  GENERAL PENALTY. Each violation of this code or any rule  promul-
  9    gated  by  the director for which a greater administrative penalty is not pro-
 10    vided by another provision of this code or by other applicable  laws  of  this
 11    state,  shall  in addition to any applicable prescribed denial, suspension, or
 12    revocation of certificate of authority or license be punishable by an adminis-
 13    trative penalty of not more than one thousand dollars ($1,000) for  any  indi-
 14    vidual  or natural person and not more than five thousand dollars ($5,000) for
 15    any other person, imposed by the director, and upon conviction by  a  fine  of
 16    not  more  than one thousand dollars ($1,000) or by imprisonment in the county
 17    jail for a period not to exceed six (6) months,  or  by  both  such  fine  and
 18    imprisonment in the discretion of the court. Each instance of violation may be
 19    considered a separate offense.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Kellogg             
                                                                        
                                                     Seconded by Deal                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 61
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 15, following "conviction"  insert:
  3    "of a violation of this code,".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On  page 1, in line 4, following "DIRECTOR" insert: "AND TO CLARIFY PENAL-
  6    TIES".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 61, As Amended
                                                                        
                                       BY MR. SPEAKER
                           Requested by: Department of Insurance
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO INSURANCE CODE; AMENDING SECTION 41-117, IDAHO CODE,  TO
  3        SET FORTH A GENERAL ADMINISTRATIVE PENALTY FOR THE VIOLATION OF THE INSUR-
  4        ANCE  CODE  OR  ANY RULE PROMULGATED BY THE DIRECTOR AND TO CLARIFY PENAL-
  5        TIES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 41-117, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        41-117.  GENERAL  PENALTY. Each violation of this code or any rule promul-
 10    gated by the director for which a greater administrative penalty is  not  pro-
 11    vided  by  another  provision of this code or by other applicable laws of this
 12    state, shall in addition to any applicable prescribed denial,  suspension,  or
 13    revocation of certificate of authority or license be punishable by an adminis-
 14    trative  penalty  of not more than one thousand dollars ($1,000) for any indi-
 15    vidual or natural person and not more than five thousand dollars ($5,000)  for
 16    any  other person, imposed by the director, and upon conviction of a violation
 17    of this code, by a fine of not more than one thousand dollars ($1,000)  or  by
 18    imprisonment  in the county jail for a period not to exceed six (6) months, or
 19    by both such fine and imprisonment  in  the  discretion  of  the  court.  Each
 20    instance of violation may be considered a separate offense.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12334

This bill amends Section 41-117, Idaho Code, to provide for an
administrative penalty for a violation of any rule promulgated by
the director.  The Idaho Code already provides for a general
administrative penalty for a violation of the code.  This amendment
will provide "teeth" for the enforcement of administrative rules
that do not have a greater administrative penalty.









                         FISCAL IMPACT

It is expected that this proposed legislation will have minimal
fiscal impact on the general fund, and any impact would be positive
given that penalties are distributed to the General Fund pursuant
to Section 41-406(1)(e), Idaho Code.



CONTACT
Name:        Shad D. Priest
Agency:      Insurance, Dept. of
Phone:       334-4250

Statement of Purpose/Fiscal Impact                      H 6