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S1021......................................................by STATE AFFAIRS
INDUSTRIAL SPECIAL INDEMNITY FUND - Amends existing law relating to the
Industrial Special Indemnity Fund to revise a reporting date.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to St Aff
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
02/01 House intro - 1st rdg - to St Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark,
Collins, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Crane, Nielsen
Floor Sponsor - Ring
Title apvd - to Senate
02/08 To enrol
02/09 Rpt enrol - Pres signed
02/12 Sp signed
02/13 To Governor
02/14 Governor signed
Session Law Chapter 8
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1021
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE INDUSTRIAL SPECIAL INDEMNITY FUND; AMENDING SECTION 72-327,
3 IDAHO CODE, TO REVISE A REPORTING DATE.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 72-327, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 72-327. ASSESSMENT -- METHOD OF CALCULATION AND PRORATION -- TIME FOR
8 PAYMENT. (1) The state insurance fund, every authorized self-insurer and every
9 surety authorized under the Idaho insurance code or by the director of the
10 department of insurance to transact worker's compensation insurance in Idaho,
11 in addition to all other payments required by statute, shall, within thirty
12 (30) days subsequent to September 1 and April 1 of each year, pay to the
13 industrial commission for deposit in the industrial special indemnity fund an
14 assessment as follows:
15 (a) The total annual assessment payable in the manner set forth in this
16 section shall be equal in amount to two (2) times the amount of all
17 expenses of the industrial special indemnity fund incurred during the
18 immediately preceding fiscal year less the existing cash balance of the
19 industrial special indemnity fund as of the thirtieth day of June of the
20 immediately preceding fiscal year;
21 (b) The total annual assessment shall be apportioned on a pro rata per-
22 centage basis among and between the state insurance fund, every authorized
23 self-insurer and every surety authorized under the Idaho insurance code or
24 by the director of the department of insurance to transact worker's com-
25 pensation insurance in Idaho based upon the proportionate share of the
26 total gross amount of indemnity benefits paid on Idaho worker's compensa-
27 tion claims during the applicable reporting period;
28 (c) The amount of each responsible entity's or person's assessment which
29 is due and payable within thirty (30) days subsequent to September 1 and
30 April 1 of any year shall be calculated by dividing one-half (1/2) of the
31 total annual assessment amount by the responsible party's proportionate
32 share of the total gross amount of indemnity benefits paid during the pre-
33 ceding period of time from January 1 through December 31. In no case shall
34 the amount of any such assessment be less than two hundred dollars ($200).
35 (2) In arriving at the total gross amount of indemnity benefits paid, the
36 amount of indemnity benefits shall include those payments provided for or made
37 under the provisions of the worker's compensation law with respect to "income
38 benefits" as defined in section 72-102, Idaho Code.
39 (3) For the purposes of this section, the responsible entities or persons
40 shall report to the industrial commission their total gross indemnity benefits
41 paid during the twelve (12) month period from January 1 through December 31 no
42 later than March 31 of the next succeeding year.
43 (4) A penalty for the late filing of any report required by this section
2
1 will be assessed in accordance with the rules of the industrial commission.
2 (5) The industrial special indemnity fund shall certify to the industrial
3 commission annually the amount of the assessment payable under this section
4 and the industrial commission shall prepare and submit to each responsible
5 entity or person notice of its pro rata amount payable hereunder on or before
6 April 1, 1998, and thereafter on or before September 1 and April 1 of each
7 succeeding year.
8 (6) For the purposes of this section, the cash balance of the industrial
9 special indemnity fund in any fiscal year shall mean all money deposited or
10 invested by the state treasurer to the credit of the industrial special indem-
11 nity fund pursuant to sections 72-325 and 72-326, Idaho Code, and all interest
12 earned thereon.
13 (7) For purposes of this section, the term "fiscal year" shall mean that
14 period of time commencing upon July 1 in any year and ending upon June 30 of
15 the next succeeding year.
STATEMENT OF PURPOSE
RS 16455
The Industrial Special Indemnity Fund ("ISIF") is funded through
assessments levied on worker's compensation insurers. Section
72-327(3), Idaho Code, addresses reporting requirements for
these worker's compensation insurers that are related to these
assessments. The code section was amended in the 2006 session
(SB 1295). An incorrect date was in that bill. This
legislation will correct that date.
Amend Section 72-327, Idaho Code, to provide that insurers
report once per year as opposed to twice per year. As a
consequence, insurers will pay twice per year in equal
installments as opposed to twice per year based on the prior six
(6) months of indemnity. This change will not effect or reduce
funding of the ISIF and will streamline processes and reduce
administrative costs of the ISIF.
FISCAL NOTE
None
CONTACT
Name: Ted Roper
Agency: Administration, Dept. of
Phone: 332-1836
STATEMENT OF PURPOSE/FISCAL NOTE S 1021