2004 Legislation
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HOUSE BILL NO. 533 – Industrial Special Indemnity Fund


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Bill Status

H0533......................................................by STATE AFFAIRS
INDUSTRIAL SPECIAL INDEMNITY FUND - Amends existing law to extend the
statutory requirements for filing a notice of claim against the Industrial
Special Indemnity Fund until June 30, 2008.
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to St Aff
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Schaefer
    Floor Sponsor - Clark
    Title apvd - to Senate
02/03    Senate intro - 1st rdg - to Com/HuRes
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt
    Floor Sponsor - Goedde
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 100
         Effective: 03/19/04; extends 72-334 IC
         to 06/30/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 533
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  3        303, LAWS OF 1997, AS AMENDED BY SECTION 1, CHAPTER 197, LAWS OF 1999,  TO
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 2, Chapter 303, Laws of 1997, as amended by  Sec-
  8    tion  1, Chapter 197, Laws of 1999, be, and the same is hereby amended to read
  9    as follows:
 10        SECTION 2.  Section 1 of this act shall be in full force and effect on and
 11    after July 1, 1997, and shall be null, void, and of no force and effect on and
 12    after June 30, 20048.
 13        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                            RS 13444
Idaho Code Section 72-334, which became effective July 1, 1997,
mandates that before filing a complaint for benefits from the
Industrial Special Indemnity Fund (Fund), a claimant,
employer/surety, or self-insured employer must provide materials to
the Fund manager for evaluation of the merits of the claim.  The
60-day evaluation and determination process mandated by the statute
allows for and has resulted in the resolution of many claims by
means of an approval or settlement and has helped avoid the need
for claimants, employers/sureties or self-insured employers having
to file a complaint against the Fund with the Industrial
Commission.  Prior to the adoption of Idaho Code Section 72-334,
the Fund reported significantly higher litigation costs.  For
fiscal year 1996, the Fund reported nearly $800,000 in litigation
costs.  Each year since the enactment of Idaho Code Section 72-334,
litigation costs have substantially decreased.  Litigation costs
for fiscal year 2002 total $318,000.  The decrease in litigation
expenses is believed directly related to the evaluation and
determination process mandated by Idaho Code Section 72-334.

When initially enacted, the legislation provided for a sunset date
for Idaho Code Section 72-334 of June 30, 1999.  In the 1999
legislative session, the sunset clause was extended to June 30,
2004.  This legislation would extend the sunset clause to June 30,

                         FISCAL  IMPACT
None.  The Fund is fully funded by monies received from self-
insured employers and insurance companies that underwrite worker's
compensation lines of insurance.

Name:     Joanna L. Guilfoy, DAG
Agency:   Department of Administration
Phone:    332-1832

Statement of Purpose/Fiscal Impact                   H 533