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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 - 2003
IN 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 the voting control 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 be an ownership, 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 - 2003
Moved 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 - 2003
IN 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 the voting control 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 be an ownership, 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.
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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