View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1148aa....................................................by STATE AFFAIRS GOVERNMENT-OWNED INSURERS - Amends existing law to clarify the definition of "control" regarding regulation of government-owned insurers in this state. 03/06 Senate intro - 1st rdg - to printing 03/07 Rpt prt - to Com/HuRes 03/28 Rpt out - to 14th Ord 04/07 Rpt out amen - to engros 04/08 Rpt engros - 1st rdg - to 2nd rdg as amen 04/09 2nd rdg - to 3rd rdg as amen 04/10 3rd rdg as amen - PASSED - 25-10-0 AYES -- Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton, Darrington, Davis, Gannon, Hill, Ingram, Kennedy, Little, Lodge, Malepeai(Kumm), Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Sorensen, Stennett, Werk, Williams NAYS -- Andreason, Brandt, Cameron, Geddes, Goedde, Keough, Noh, Schroeder, Stegner, Sweet Absent and excused -- None Floor Sponsors - Noble & Compton Title apvd - to House 04/14 House intro - 1st rdg - to Bus 04/16 Rpt out - rec d/p - to 2nd rdg 04/17 2nd rdg - to 3rd rdg 05/03 3rd rdg - PASSED - 52-12-6 AYES -- Andersen(Guyon), Barraclough(Schanz), Bauer, Bedke, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Douglas, Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett, Henbest, Lake, Langhorst, McGeachin, Meyer, Miller, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Bell, Deal, Eskridge, Harwood, Jones, Kulczyk, Langford, McKague, Moyle, Smith(24), Stevenson Absent and excused -- Clark, Denney, Jaquet, Kellogg, Martinez(Echohawk), Mitchell Floor Sponsors - Gagner & Cannon Title apvd - to Senate 05/03 To enrol - Rpt enrol - Pres signed - Sp signed 05/05 To Governor 05/12 Governor signed Session Law Chapter 377 Effective: 07/01/03 Secs 1 and 2; 11/01/03 Secs 3 and 4
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1148 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE LICENSING OF GOVERNMENT-OWNED OR CONTROLLED INSURERS; PROVID- 3 ING LEGISLATIVE INTENT; AND AMENDING SECTION 41-309, IDAHO CODE, TO CLAR- 4 IFY THE DEFINITION OF CONTROL. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. LEGISLATIVE INTENT. The Legislature hereby declares its intent 7 and understanding that the amendments of Section 41-309, Idaho Code, in Sec- 8 tion 2 of this act clarify the original purpose and intent of Section 41-309, 9 Idaho Code, and do not reflect a substantive change in the scope or applica- 10 tion of that statute as it existed prior to the effective date of this act. 11 SECTION 2. That Section 41-309, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 41-309. CERTAIN GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED. (1) No 14 insurer thevotingcontrol or ownership of which is held in whole or substan- 15 tial part by any government or governmental agency, or which is operated for 16 or by any such government or agency, other than the Idaho state insurance 17 fund, shall be authorized to transact insurance in this state. Membership in a 18 mutual insurer, or subscribership in a reciprocal insurer, or ownership of 19 stock of an insurer by the alien property custodian or similar official of the 20 United States, or supervision of an insurer by public insurance supervisory 21 authority shall not be deemed to beanownership, control, or operation of the 22 insurer for the purposes of this subsection. 23 (2) For the purpose of this section, the existence or nonexistence of 24 control shall be determined in accordance with the definition of "control" in 25 section 41-3801(2), Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Goedde Seconded by Cameron IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1148 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, following line 25, insert: 3 "SECTION 3. That Section 41-309, Idaho Code, be, and the same is hereby 4 repealed. 5 SECTION 4. That Chapter 3, Title 41, Idaho Code, be, and the same is 6 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 7 ignated as Section 41-309, Idaho Code, and to read as follows: 8 41-309. GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED. No insurer the 9 voting control or ownership of which is held in whole or substantial part by 10 any government or governmental agency, or which is operated for or by any such 11 government or agency, other than the Idaho state insurance fund, shall be 12 authorized to transact insurance in this state. Membership in a mutual 13 insurer, or subscribership in a reciprocal insurer, or ownership of stock of 14 an insurer by the alien property custodian or similar official of the United 15 States, or supervision of an insurer by public insurance supervisory authority 16 shall not be deemed to be an ownership, control, or operation of the insurer 17 for the purposes of this section. 18 SECTION 5. Sections 1 and 2 of this act shall be in full force and effect 19 on and after July 1, 2003. Sections 3 and 4 of this act shall be in full 20 force and effect on and after November 1, 2003.". 21 CORRECTION TO TITLE 22 On page 1, in line 4, following "CONTROL" insert: "; REPEALING SECTION 23 41-309, IDAHO CODE; AMENDING CHAPTER 3, TITLE 41, IDAHO CODE, BY THE ADDITION 24 OF A NEW SECTION 41-309, IDAHO CODE, TO PROVIDE THAT GOVERNMENT-OWNED INSURERS 25 ARE NOT TO BE AUTHORIZED TO TRANSACT INSURANCE IN THIS STATE WITH EXCEPTIONS; 26 AND PROVIDING EFFECTIVE DATES".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1148, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE LICENSING OF GOVERNMENT-OWNED OR CONTROLLED INSURERS; PROVID- 3 ING LEGISLATIVE INTENT; AND AMENDING SECTION 41-309, IDAHO CODE, TO CLAR- 4 IFY THE DEFINITION OF CONTROL; REPEALING SECTION 41-309, IDAHO CODE; 5 AMENDING CHAPTER 3, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 6 41-309, IDAHO CODE, TO PROVIDE THAT GOVERNMENT-OWNED INSURERS ARE NOT TO 7 BE AUTHORIZED TO TRANSACT INSURANCE IN THIS STATE WITH EXCEPTIONS; AND 8 PROVIDING EFFECTIVE DATES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. LEGISLATIVE INTENT. The Legislature hereby declares its intent 11 and understanding that the amendments of Section 41-309, Idaho Code, in Sec- 12 tion 2 of this act clarify the original purpose and intent of Section 41-309, 13 Idaho Code, and do not reflect a substantive change in the scope or applica- 14 tion of that statute as it existed prior to the effective date of this act. 15 SECTION 2. That Section 41-309, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 41-309. CERTAIN GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED. (1) No 18 insurer thevotingcontrol or ownership of which is held in whole or substan- 19 tial part by any government or governmental agency, or which is operated for 20 or by any such government or agency, other than the Idaho state insurance 21 fund, shall be authorized to transact insurance in this state. Membership in a 22 mutual insurer, or subscribership in a reciprocal insurer, or ownership of 23 stock of an insurer by the alien property custodian or similar official of the 24 United States, or supervision of an insurer by public insurance supervisory 25 authority shall not be deemed to beanownership, control, or operation of the 26 insurer for the purposes of this subsection. 27 (2) For the purpose of this section, the existence or nonexistence of 28 control shall be determined in accordance with the definition of "control" in 29 section 41-3801(2), Idaho Code. 30 SECTION 3. That Section 41-309, Idaho Code, be, and the same is hereby 31 repealed. 32 SECTION 4. That Chapter 3, Title 41, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 34 ignated as Section 41-309, Idaho Code, and to read as follows: 35 41-309. GOVERNMENT-OWNED INSURERS NOT TO BE AUTHORIZED. No insurer the 36 voting control or ownership of which is held in whole or substantial part by 37 any government or governmental agency, or which is operated for or by any such 38 government or agency, other than the Idaho state insurance fund, shall be 39 authorized to transact insurance in this state. Membership in a mutual 2 1 insurer, or subscribership in a reciprocal insurer, or ownership of stock of 2 an insurer by the alien property custodian or similar official of the United 3 States, or supervision of an insurer by public insurance supervisory authority 4 shall not be deemed to be an ownership, control, or operation of the insurer 5 for the purposes of this section. 6 SECTION 5. Sections 1 and 2 of this act shall be in full force and effect 7 on and after July 1, 2003. Sections 3 and 4 of this act shall be in full 8 force and effect on and after November 1, 2003.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 12974 El This legislation will temporarily change the definition of "control" for the purposes of determining whether an insurance company is under government ownership or control. For the time period from July 1, 2003 to November 1, 2003, the definition of control for the purposes of Idaho Code section 41-309 would be amended, thus allowing government owned or controlled companies to continue to operate in Idaho. After November 1, the existing prohibition against government owned or controlled insurers, other than the Idaho State Insurance Fund, operating in Idaho would again become the law. FISCAL IMPACT There is no fiscal impact to the state or to local units of government. Contact Name: Ed Galtney Phone: 342-6100 STATEMENT OF PURPOSE/FISCAL NOTE Sl148a