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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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.NoA commission or 17 promotion expenseshallmay 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 anyset-offsetoff, 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 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