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H0618...........................................................by BUSINESS INSURERS - Amends existing law to provide that a domestic reciprocal insurer with fewer than seven subscribers that insures only worker's compensation risk and that only issues fully assessable policies shall not be defined as a property and casualty insurer. 02/06 House intro - 1st rdg - to printing 02/09 Rpt prt - to Bus 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 67-0-3 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, 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, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Bauer, Crow, Wood Floor Sponsor - Gagner Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Com/HuRes 02/27 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 29-0-6 AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams Floor Sponsor - Goedde Title apvd - to House 03/16 To enrol 03/17 Rpt enrol - Sp signed 03/18 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 255 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 618 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE REGULATION OF INSURANCE; AMENDING SECTION 41-5401, IDAHO CODE, 3 TO FURTHER DEFINE THE TERM "PROPERTY AND CASUALTY INSURER." 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 41-5401, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 41-5401. DEFINITIONS. As used in this chapter, these terms shall have the 8 following meanings: 9 (1) "Adjusted RBC report" means an RBC report which has been adjusted by 10 the director in accordance with section 41-5402(5), Idaho Code. 11 (2) "Corrective order" means an order issued by the director specifying 12 corrective actions which the director has determined are required. 13 (3) "Domestic insurer" means any insurance company domiciled in this 14 state. 15 (4) "Foreign insurer" means any insurance company which is licensed to do 16 business in this state under section 41-322, Idaho Code, but is not domiciled 17 in this state. 18 (5) "Life and/or health insurer" means any insurance company licensed 19 under chapter 3, title 41, Idaho Code, to transact life, accident and/or 20 health insurance, or a licensed property and casualty insurer writing only 21 accident and health insurance, but shall not include fraternal benefit societ- 22 ies, health service organizations, dental service organizations, health main- 23 tenance organizations, dental plan organizations or mutual benefit associa- 24 tions. 25 (6) "NAIC" means the national association of insurance commissioners. 26 (7) "Negative trend" means, with respect to a life and/or health insurer, 27 a negative trend over a period of time, as determined in accordance with the 28 "Trend Test Calculation" included in the RBC instructions. 29 (8) "Property and casualty insurer" means any insurance company licensed 30 under chapter 3, title 41, Idaho Code, to transact property and casualty 31 insurance, but shall not include monoline mortgage guaranty insurers, finan- 32 cial guaranty insurers, title insurers, farm and county mutuals, health ser- 33 vice organizations, dental service organizations, health maintenance organiza- 34 tions,ordental plan organizations or domestic reciprocal insurers with fewer 35 than seven (7) subscribers which insure only worker's compensation risk and 36 which only issue fully assessable policies. 37 (9) "RBC" means risk-based capital. 38 (10) "RBC instructions" means the RBC report, including risk-based capital 39 instructions adopted by the NAIC, as such RBC instructions may be amended by 40 the NAIC from time to time in accordance with the procedures adopted by the 41 NAIC. 42 (11) "RBC level" means an insurer's company action level RBC, regulatory 43 action level RBC, authorized control level RBC, or mandatory control level RBC 2 1 where: 2 (a) "Authorized control level RBC" means the number determined under the 3 risk-based capital formula in accordance with the RBC instructions; 4 (b) "Company action level RBC" means, with respect to any insurer, the 5 product of 2.0 and its authorized control level RBC; 6 (c) "Mandatory control level RBC" means the product of .70 and the autho- 7 rized control level RBC; 8 (d) "Regulatory action level RBC" means the product of 1.5 and its autho- 9 rized control level RBC. 10 (12) "RBC plan" means a comprehensive financial plan containing the ele- 11 ments specified in section 41-5403(2), Idaho Code. If the director rejects the 12 RBC plan, and it is revised by the insurer, with or without the director's 13 recommendation, the plan shall be called the "revised RBC plan." 14 (13) "RBC report" means the report required in section 41-5402, Idaho 15 Code. 16 (14) "Total adjusted capital" means the sum of: 17 (a) An insurer's statutory capital and surplus as determined in accor- 18 dance with the statutory accounting applicable to the annual financial 19 statements required to be filed under section 41-335, Idaho Code; and 20 (b) Such other items, if any, as the RBC instructions may provide.
STATEMENT OF PURPOSE RS 13747 This legislation is intended to exempt domestic insurers with a very small number of subscribers from the requirement to file reports relating to their Risk-Based Capital status each year with the Department of Insurance and the National Association of Insurance Commissioners. FISCAL NOTE There should be no fiscal impact to the general fund. Contact: Woody Richards Workers' Compensation Exchange (208) 385-5451 STATEMENT OF PURPOSE/FISCAL NOTE H 618