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