2003 Legislation
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SENATE BILL NO. 1127 – Insurance proceeds, exemptions

SENATE BILL NO. 1127

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Daily Data Tracking History



S1127................................................by JUDICIARY AND RULES
INSURANCE PROCEEDS - Amends existing law to clarify that a section of the
probate code providing how creditors of a deceased may seek payment for
debts of the decedent from nonprobate assets does not apply to certain
statutes exempting certain insurance products from debt.
                                                                        
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Com/HuRes
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble(Anderson), Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Goedde
    Title apvd - to House
03/07    House intro - 1st rdg - to Bus
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bieter, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bell, Clark, Crow, Stevenson, Tilman
    Floor Sponsor - Douglas
    Title apvd - to Senate
03/28    To enrol
03/31    Rpt enrol - Pres signed
04/01    Sp signed
04/02    To Governor
04/08    Governor signed
         Session Law Chapter 248
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1127
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE; AMENDING SECTION 41-1833, IDAHO CODE, TO  CLARIFY  THAT
  3        THE SECTION IS NOT AFFECTED BY SECTION 15-6-107, IDAHO CODE; AMENDING SEC-
  4        TION  41-1834,  IDAHO CODE, TO CLARIFY THAT THE SECTION IS NOT AFFECTED BY
  5        SECTION 15-6-107, IDAHO CODE; AMENDING SECTION  41-1835,  IDAHO  CODE,  TO
  6        CLARIFY  THAT THE SECTION IS NOT AFFECTED BY SECTION 15-6-107, IDAHO CODE;
  7        AND AMENDING SECTION 41-1836, IDAHO CODE, TO CLARIFY THAT THE  SECTION  IS
  8        NOT  AFFECTED  BY SECTION 15-6-107, IDAHO CODE, AND TO MAKE TECHNICAL COR-
  9        RECTIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 41-1833, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        41-1833.  EXEMPTION  OF  PROCEEDS  --  LIFE  INSURANCE. (1) If a policy of
 14    insurance, whether heretofore or hereafter issued, is effected by  any  person
 15    on  his own life, or on another life, in favor of a person other than himself,
 16    or, except in cases of transfer with intent to defraud creditors, if a  policy
 17    of  life  insurance is assigned or in any way made payable to any such person,
 18    the lawful beneficiary or assignee thereof, other than the insured or the per-
 19    son so effecting such insurance or executors or administrators of such insured
 20    or the person so effecting such insurance, shall be entitled to  its  proceeds
 21    and avails against the creditors and representatives of the insured and of the
 22    person  effecting the same, whether or not the right to change the beneficiary
 23    is reserved or permitted, and whether or not the policy is made payable to the
 24    person whose life is insured if the beneficiary or assignee  shall  predecease
 25    such  person,  and such proceeds and avails shall be exempt from all liability
 26    for any debt of the beneficiary existing at the time the policy is made avail-
 27    able for his use: provided, that subject to the statute  of  limitations,  the
 28    amount  of  any premiums for such insurance paid with intent to defraud credi-
 29    tors, with interest thereon, shall inure to their benefit from the proceeds of
 30    the policy; but the insurer issuing the policy shall be discharged of all lia-
 31    bility thereon by payment of  its  proceeds  in  accordance  with  its  terms,
 32    unless, before such payment, the insurer shall have received written notice at
 33    its  home  office,  by  or  in behalf of a creditor, of a claim to recover for
 34    transfer made or premiums paid with intent to defraud creditors, with specifi-
 35    cation of the amount claimed.
 36        (2)  For the purposes of subsection (1) above,  a  policy  shall  also  be
 37    deemed  to  be payable to a person other than the insured if and to the extent
 38    that a facility-of-payment clause or similar clause in the policy permits  the
 39    insurer  to discharge its obligation after the death of the individual insured
 40    by paying the death benefits to a person as permitted by such clause.
 41        (3)  This section shall not be affected by the terms of section  15-6-107,
 42    Idaho Code.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section 41-1834, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        41-1834.  EXEMPTION OF PROCEEDS -- DISABILITY  INSURANCE.  Except  as  may
  4    otherwise  be  expressly  provided  by the policy or contract, the proceeds or
  5    avails of all contracts of disability insurance and  of  provisions  providing
  6    benefits on account of the insured's disability which are supplemental to life
  7    insurance  or  annuity  contracts  heretofore  or  hereafter effected shall be
  8    exempt from all liability for any debt of the insured, and from  any  debt  of
  9    the  beneficiary  existing at the time the proceeds are made available for his
 10    use.
 11        This section shall not be affected by the terms of section 15-6-107, Idaho
 12    Code.
                                                                        
 13        SECTION 3.  That Section 41-1835, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        41-1835.  EXEMPTION  OF PROCEEDS -- GROUP INSURANCE. (1) A policy of group
 16    life insurance or group disability insurance or the proceeds  thereof  payable
 17    to  the individual insured or to the beneficiary thereunder, shall not be lia-
 18    ble, either before or after payment, to be applied by any legal  or  equitable
 19    process to pay any debt or liability of such insured individual or his benefi-
 20    ciary  or  of  any  other person having a right under the policy. The proceeds
 21    thereof, when not made payable to a named beneficiary or  to  a  third  person
 22    pursuant  to  a facility-of-payment clause, shall not constitute a part of the
 23    estate of the individual insured for the payment of his debts.
 24        (2)  This section shall not apply to group insurance  issued  pursuant  to
 25    this code to a creditor covering his debtors, to the extent that such proceeds
 26    are  applied  to payment of the obligation for the purpose of which the insur-
 27    ance was so issued.
 28        (3)  This section shall not be affected by the terms of section  15-6-107,
 29    Idaho Code.
                                                                        
 30        SECTION  4.  That  Section 41-1836, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        41-1836.  EXEMPTION OF PROCEEDS -- ANNUITY CONTRACTS --  ASSIGNABILITY  OF
 33    RIGHTS. (1) The benefits, rights, privileges and options which under any annu-
 34    ity  contract  heretofore or hereafter issued are due or prospectively due the
 35    annuitant, shall not be subject to execution nor shall the annuitant  be  com-
 36    pelled to exercise any such rights, powers, or options, nor shall creditors be
 37    allowed to interfere with or terminate the contract, except:
 38        (a)  As  to amounts paid for or as premium on any such annuity with intent
 39        to defraud creditors, with interest thereon, and of which the creditor has
 40        given the insurer written notice at its home office prior to the making of
 41        the payments to the annuitant out of which the creditor seeks to  recover.
 42        Any  such  notice  shall  specify the amount claimed or such facts as will
 43        enable the insurer to ascertain such amount,  and  shall  set  forth  such
 44        facts  as  will  enable the insurer to ascertain the annuity contract, the
 45        annuitant and the payments sought to be avoided on the ground of fraud.
 46        (b)  The total exemption of benefits presently  due  and  payable  to  any
 47        annuitant  periodically  or  at  stated  times under all annuity contracts
 48        under which he is an annuitant, shall not at any time exceed one  thousand
 49        two  hundred  and  fifty dollars ($1,250) per month for the length of time
 50        represented by such installments,  and  that  such  periodic  payments  in
                                                                        
                                           3
                                                                        
  1        excess  of  one  thousand two hundred and fifty dollars ($1,250) per month
  2        shall be subject to garnishee execution to the same extent  as  are  wages
  3        and salaries.
  4        (c)  If  the  total  benefits  presently  due and payable to any annuitant
  5        under all annuity contracts under which he is an annuitant, shall  at  any
  6        time exceed payment at the rate of one thousand two hundred and fifty dol-
  7        lars ($1,250) per month, then the court may order such annuitant to pay to
  8        a  judgment  creditor or apply on the judgment, in installments, such por-
  9        tion of such excess benefits as to the court may appear just  and  proper,
 10        after  due  regard  for the reasonable requirements of the judgment debtor
 11        and his family, if dependent upon him, as well as any payments required to
 12        be made by the annuitant to other creditors under prior court orders.
 13        (2)  If the contract so provides,  the  benefits,  rights,  privileges  or
 14    options accruing under such contract to a beneficiary or assignee shall not be
 15    transferable nor subject to commutation, and if the benefits are payable peri-
 16    odically  or  at  stated  times,  the same exemptions and exceptions contained
 17    herein for the annuitant, shall apply with  respect  to  such  beneficiary  or
 18    assignee.
 19        (3)  An  annuity  contract within the meaning of this section shall be any
 20    obligation to pay certain sums at stated times, during life or lives, or for a
 21    specified term or terms, issued for a valuable  consideration,  regardless  of
 22    whether  or  not  such sums are payable to one (1) or more persons, jointly or
 23    otherwise, but does not include payments under  life  insurance  contracts  at
 24    stated times during life or lives, or for a specified term or terms.
 25        (4)  This  section shall not be affected by the terms of section 15-6-107,
 26    Idaho Code.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                                
                            RS 13057
                                

Idaho Code Section 15-6-107, both in its existing state and as it
is proposed to e amended by Senate Bill 1031, refers to how
creditors of a deceased may seek payment for debts of the decedent
from non-probate assets.  That Section is primarily procedural. 
Since 1961, Idaho has had provisions exempting certain insurance
products from debts, in Sections 41-1833 through 1836.  Although
the enactment of Section 15-6-107 in 1972, and its amendment in
this session, is not believed to affect those exemptions, this bill
makes that lack of effect express in the relevant sections
themselves.


                              
                         FISCAL IMPACT
This bill will have no fiscal impact.




Contact:  Robert L. Aldridge
          1209 North Eighth Street
          Boise, Idaho 83702-4297
          (208) 336-9880
          e-mail: rlaldridge@hotmail.com
          

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1127