2006 Legislation
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HOUSE BILL NO. 446 – Insurer, stock/mutual, surplus, use

HOUSE BILL NO. 446

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Bill Status



H0446...........................................................by BUSINESS
INSURERS - Amends existing law relating to borrowed surplus of stock and
mutual insurers to provide that a commission or promotion expense may be
paid in connection with issuance of a loan upon approval of the director of
the Department of Insurance.
                                                                        
01/24    House intro - 1st rdg - to printing
01/25    Rpt prt - to Bus
02/10    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Bedke, Black, LeFavour, Mitchell, Sali, Mr.
      Speaker
    Floor Sponsor - Rusche
    Title apvd - to Senate
02/16    Senate intro - 1st rdg - to Com/HuRes
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, 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 -- None
    Floor Sponsor - Cameron
    Title apvd - to House
03/03    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/08    To Governor
03/11    Governor signed
         Session Law Chapter 25
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 446
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BORROWED SURPLUS OF STOCK AND MUTUAL  INSURERS;  AMENDING  SECTION
  3        41-2841, IDAHO CODE, TO PROVIDE THAT A COMMISSION OR PROMOTION EXPENSE MAY
  4        BE  PAID IN CONNECTION WITH ISSUANCE OF A LOAN UPON APPROVAL OF THE DIREC-
  5        TOR OF THE DEPARTMENT OF INSURANCE AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 41-2841, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        41-2841.  BORROWED  SURPLUS.  (1)  A  domestic stock or mutual insurer may
 10    borrow money to defray the expenses of its organization, provide it with  sur-
 11    plus  funds, or for any purpose of its business, upon a written agreement that
 12    such money is required to be repaid only  out  of  the  insurer's  surplus  in
 13    excess  of  that  stipulated  in such agreement. The agreement may provide for
 14    interest at such rate or rates approved by the director, which interest  shall
 15    or  shall not constitute a liability of the insurer as to its funds other than
 16    such excess or surplus, as stipulated in the agreement.  No  A  commission  or
 17    promotion  expense  shall  may  be  paid in connection with any such loan upon
 18    approval of the director.
 19        (2)  Money so borrowed, together with the interest thereon  if  so  stipu-
 20    lated  in the agreement, shall not form a part of the insurer's legal liabili-
 21    ties except as to its surplus in excess of the amount  thereof  stipulated  in
 22    the agreement, or be the basis of any set-off setoff, but until repaid, finan-
 23    cial  statements  filed  or  published by the insurer shall show as a footnote
 24    thereto the amount thereof then unpaid  together  with  any  interest  thereon
 25    accrued but unpaid.
 26        (3)  Any  such  loan  shall  be  subject  to  the director's approval. The
 27    insurer shall, in advance of the loan, file with the director a  statement  of
 28    the  purpose  of  the loan and a copy of the proposed loan agreement. The loan
 29    and agreement shall be deemed approved unless within fifteen (15)  days  after
 30    the  date of such filing the insurer is notified of the director's disapproval
 31    and the reasons therefor. The director shall disapprove any proposed  loan  or
 32    agreement  if  he  finds  the loan is unnecessary or excessive for the purpose
 33    intended, or that the terms of the loan agreement are not fair  and  equitable
 34    to  the parties, and to other similar lenders, if any, to the insurer, or that
 35    the information so filed by the insurer is inadequate.
 36        (4)  Any such loan to a mutual  insurer  or  substantial  portion  thereof
 37    shall  be  repaid  by  the insurer when no longer reasonably necessary for the
 38    purpose originally intended. No repayment of such a loan shall be  made  by  a
 39    mutual insurer unless approved in advance by the director.
 40        (5)  This  section  shall  not  apply  to loans obtained by the insurer in
 41    ordinary course of business from banks and other financial  institutions,  nor
 42    to loans secured by pledge or mortgage of assets.

Statement of Purpose / Fiscal Impact


                                 
                       STATEMENT OF PURPOSE

                             RS 15453

This statute, originally enacted in 1961, allows for domestic
insurance companies to raise additional capital through the
issuance of debt instruments, commonly referred to as "surplus
notes," the repayment of which must be pre-approved by the Director
of the Idaho Department of Insurance.  Surplus notes may be issued
directly or through pooled capital transactions.  As the statute
currently exists, an insurer is prohibited from paying a commission
or "placement fee" in conjunction with the issuance of the note. 
This prohibition is contrary to current business practices as it
relates to the issuance of these notes.  The issuance of these
notes is often accomplished via very large underwritten bond
offerings for which the payment of placement fees is a necessity
for participation.  These capital-raising transactions allow Idaho
domestic insurance companies to grow their business competitively
with insurers in other states.  While there is no direct fiscal
impact to the state, permitting Idaho insurers to add capital to
fund growth will lead to an increase in insurance sales, resulting
in higher premium tax collections.  Also, with business growth
comes employment growth and related state revenue.


                           FISCAL NOTE

No negative impact.




Contact
Name: John Mackey, United Heritage 
Phone: 322-2685


STATEMENT OF PURPOSE/FISCAL NOTE                         H 446