2005 Legislation
Print Friendly

HOUSE BILL NO. 161 – Insurer, surplus lines, licenses

HOUSE BILL NO. 161

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0161...........................................................by BUSINESS
SURPLUS LINES INSURERS - Amends existing law relating to surplus line
insurers to remove language providing for license revocation by the
director.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Bus
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Lake, McKague, Schaefer
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Compton
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 267
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 161
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SURPLUS LINE INSURERS; AMENDING SECTION 41-1218,  IDAHO  CODE,  TO
  3        REMOVE  LANGUAGE  PROVIDING  FOR LICENSE REVOCATION BY THE DIRECTOR AND TO
  4        MAKE A TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 41-1218, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        41-1218.  ELIGIBLE SURPLUS LINE INSURERS -- PENALTY FOR VIOLATION. (1) For
  9    any violation of section 41-1217, Idaho Code, the broker or a person who inde-
 10    pendently procures its own insurance shall, upon conviction thereof, be guilty
 11    of a misdemeanor punishable as provided in section 41-117, Idaho Code (general
 12    penalty).  If  the director finds, after hearing, that the broker has violated
 13    such section he shall revoke all licenses held by him  under  this  code,  and
 14    shall not again license such individual under this code within a period of two
 15    (2) years after such revocation became final.
 16        (2)  The  director may impose an administrative penalty not to exceed fif-
 17    teen thousand dollars ($15,000), for deposit in the  general  account  of  the
 18    state  of  Idaho,  upon  any person or entity who transacts or who attempts to
 19    transact insurance as a surplus lines insurer in violation of any provision of
 20    chapter 12, title 41, Idaho Code.  Failure of any such person or entity to pay
 21    a fine imposed pursuant to the provisions of this section shall authorize  the
 22    director  to seek enforcement of the fine, and any associated costs and attor-
 23    ney's fees related to bringing the action,  in  any  district  court  of  this
 24    state.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                           RS14506C1
                                

This act deletes a portion of Section 41-1218(1), Idaho Code, which
is in conflict with Section 41-1224, Idaho Code, relating to the
regulation of surplus line insurance.  Specifically, this
legislation enacts a technical correction to Title 41 regarding the
revocation of surplus line broker licenses.  
                                   

                          FISCAL NOTE

This legislation will have no impact to the general fund.




CONTACT:
Name:     Bradley J. Dixon
          Surplus Line Association
Phone:    (208) 385-5415


STATEMENT OF PURPOSE/FISCAL NOTE                     H 161