2005 Idaho Code - 41-401 — FEES -- LICENSES -- MISCELLANEOUS CHARGES

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 4
                                FEES AND TAXES
    41-401.  FEES -- LICENSES -- MISCELLANEOUS CHARGES. (1) The director shall
collect, and persons so served shall pay to the director fees, licenses, and
miscellaneous charges as provided for from time to time by rule promulgated by
the director. The director may adjust fees, licenses and miscellaneous charges
as necessary to allow the department to meet the appropriation as provided for
by law.
    (2)  Any rule setting fees, licenses and miscellaneous charges shall
adhere to the Idaho administrative procedure act except that the effective
date of such rule shall be July 1 of the calendar year of enactment or change.
If the appropriation is not known or set by April 1, the director shall be
authorized to use emergency rulemaking procedures to maintain an effective
date of July 1.
    (3)  Insurance Administrative Account:
    (a)  There is hereby created an account in the dedicated fund in the state
    treasury, to be designated the "Insurance Administrative Account" to
    provide for the expenses of the department of insurance as provided for by
    law.
    (b)  The insurance administrative account shall be effective December 31,
    1984, and be in existence for a period of at least six (6) months prior to
    the dedicated account appropriation becoming effective and shall consist
    of the following:
         1.  All moneys appropriated by the legislature.
         2.  All fees, licenses and miscellaneous charges collected pursuant
         to this section.
    (c)  All moneys placed in the account shall be examined, audited and
    allowed in the manner now or hereafter provided by law.
    (d)  Pending use for purposes of the provisions of the laws of this state,
    moneys in the insurance administrative account shall be invested by the
    state treasurer in the same manner as provided under section 67-1210,
    Idaho Code, with respect to other surplus or idle moneys in the state
    treasury.
    (e)  At the beginning of each fiscal year, those moneys in the insurance
    administrative account which exceed the current year's appropriation plus
    any residual encumbrances made against prior years' appropriations by
    twenty-five percent (25%) or more shall be transferred to the general
    account. The balance in this account shall not be considered excessive
    until such a transfer is required pursuant to the provisions of this
    subsection.