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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 hundredandfifty 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 hundredandfifty 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 hundredandfifty 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.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT 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