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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
619
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
WILDFIRE
RISK
MITIGATION;
AMENDING
THE
HEADING
FOR
CHAPTER
24,
2
TITLE
41,
IDAHO
CODE;
AMENDING
CHAPTER
24,
TITLE
41,
IDAHO
CODE,
BY
THE
3
ADDITION
OF
A
NEW
SECTION
41
-
2402,
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
4
INTENT
AND
TO
PROVIDE
A
SHORT
TITLE;
AMENDING
CHAPTER
24,
TITLE
41,
5
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
41
-
2403,
IDAHO
CODE,
TO
DE
-
6
FINE
TERMS;
AMENDING
CHAPTER
24,
TITLE
41,
IDAHO
CODE,
BY
THE
ADDITION
7
OF
A
NEW
SECTION
41
-
2404,
IDAHO
CODE,
TO
ESTABLISH
THE
IDAHO
WILDFIRE
8
RISK
MITIGATION
FUND;
AMENDING
CHAPTER
24,
TITLE
41,
IDAHO
CODE,
BY
THE
9
ADDITION
OF
A
NEW
SECTION
41
-
2405,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
POWERS
10
AND
AUTHORITY
OF
THE
DIRECTOR
OF
THE
DEPARTMENT
OF
INSURANCE;
AMENDING
1
1
SECTION
41
-
406,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
DEPOSIT
12
AND
REPORT
OF
FEES,
LICENSES,
AND
TAXES;
AND
DECLARING
AN
EMERGENCY.
13
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
14
SECTION
1.
That
the
Heading
for
Chapter
24,
Title
41,
Idaho
Code,
be,
15
and
the
same
is
hereby
amended
to
read
as
follows:
16
CHAPTER
24
17
PROPERTY
INSURANCE
CONTRACTS
18
SECTION
2.
That
Chapter
24,
Title
41,
Idaho
Code,
be,
and
the
same
is
19
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
20
ignated
as
Section
41
-
2402,
Idaho
Code,
and
to
read
as
follows:
21
41
-
2402.
IDAHO
WILDFIRE
RISK
MITIGATION
FUND
ACT
-
-
LEGISLATIVE
22
INTENT
-
-
SHORT
TITLE.
It
is
the
intent
of
the
legislature
to
promote
23
self
-
reliance
and
lower
property
insurance
costs
by
reducing
wildfire
risks
24
and
increasing
competition
among
insurers.
This
shall
be
accomplished
by
25
encouraging
and
assisting
property
owners
in
protecting
their
property
26
against
wildfire
risks
and
mitigating
wildfire
risks
to
property
owners
and
27
their
insurance
companies,
thereby
attracting
and
retaining
insurers
in
the
28
property
marketplace.
The
provisions
of
sections
41
-
2402
through
41
-
2405,
29
Idaho
Code,
shall
be
known
and
may
be
cited
as
the
"Idaho
Wildfire
Risk
Miti
-
30
gation
Fund
Act."
31
SECTION
3.
That
Chapter
24,
Title
41,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
33
ignated
as
Section
41
-
2403,
Idaho
Code,
and
to
read
as
follows:
34
41
-
2403.
DEFINITIONS.
For
the
purposes
of
sections
41
-
2402
through
35
41
-
2405,
Idaho
Code:
36
(1)
"Act"
means
the
Idaho
wildfire
risk
mitigation
fund
act.
37
(2)
"Department"
means
the
Idaho
department
of
insurance.
38
(3)
"Director"
means
the
director
of
the
Idaho
department
of
insurance.
39
2
SECTION
4.
That
Chapter
24,
Title
41,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
41
-
2404,
Idaho
Code,
and
to
read
as
follows:
3
41
-
2404.
IDAHO
WILDFIRE
RISK
MITIGATION
FUND.
(1)
There
is
hereby
cre
-
4
ated
and
established
in
the
state
treasury
the
Idaho
wildfire
risk
mitiga
-
5
tion
fund.
The
state
treasurer
shall
invest
the
idle
moneys
of
the
fund,
and
6
the
interest
earned
on
such
investments
shall
be
retained
by
the
fund.
The
7
fund
is
hereby
continuously
appropriated
to
be
used
solely
for
effectuating
8
the
purposes
of
this
act.
The
fund
is
established
to:
9
(a)
Promote
self
-
reliance;
10
(b)
Reduce
risk
of
loss
due
to
wildfire;
1
1
(c)
Receive
funding
from
various
sources;
12
(d)
Improve
access
to
property
insurance;
and
13
(e)
Mitigate
wildfire
risk,
which
shall
include
distributing
grants,
14
not
to
exceed
twenty
thousand
dollars
($20,000)
per
grant,
and
educa
-
15
tional
efforts.
16
(2)
The
fund
shall
consist
of:
17
(a)
The
continuous
appropriation
of
excess
premium
tax
authorized
pur
-
18
suant
to
section
41
-
406(1)(e),
Idaho
Code;
19
(b)
Any
excess
and
unused
moneys
received
for
fees,
licenses,
or
mis
-
20
cellaneous
charges
collected
by
the
department,
not
to
exceed
the
de
-
21
partment's
annual
appropriation;
22
(c)
Any
excess
stamping
fees,
as
determined
and
recommended
by
the
sur
-
23
plus
line
association
or
other
delegated
contracted
organization
and
as
24
approved
by
the
director;
25
(d)
Private
sector
contributions;
26
(e)
Grants
or
other
contributions
for
fire
prevention
or
mitigation;
27
and
28
(f)
Such
other
moneys
that
may
be
provided
by
legislative
appropria
-
29
tion.
30
(3)
The
fund
shall
be
free
from
taxation
of
any
kind.
31
SECTION
5.
That
Chapter
24,
Title
41,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
33
ignated
as
Section
41
-
2405,
Idaho
Code,
and
to
read
as
follows:
34
41
-
2405.
POWERS
AND
AUTHORITY.
(1)
The
director
shall
have
the
powers
35
and
authority
to:
36
(a)
Promulgate
rules,
subject
to
legislative
approval,
to
effectuate
37
the
provisions
of
this
act;
38
(b)
Establish
policies
and
procedures,
as
may
be
necessary
or
conve
-
39
nient,
for
the
implementation
of
this
act
and
operation
of
the
fund,
in
-
40
cluding:
41
(i)
Handling
and
accounting
of
assets
and
moneys;
42
(ii)
Creating
an
annual
fiscal
report
of
such
assets
and
moneys;
43
(iii)
Selecting
an
administrator
and
setting
forth
the
powers
and
44
duties
of
the
administrator;
45
(iv)
Providing
grants
to
Idaho
citizens
for
wildfire
risk
mitiga
-
46
tion.
The
monetary
amount
of
such
grants
shall
be
limited
to
as
-
47
sist
the
largest
number
of
citizens
possible;
and
48
3
(v)
Providing
funding
for
property
protection
and
for
fire
pre
-
1
vention
and
mitigation
education
and
resources.
2
(2)
The
director
may
appoint
an
advisory
committee
to
assist
with
the
3
operation
of
the
fund.
4
SECTION
6.
That
Section
41
-
406,
Idaho
Code,
be,
and
the
same
is
hereby
5
amended
to
read
as
follows:
6
41
-
406.
DEPOSIT
AND
REPORT
OF
FEES,
LICENSES
AND
TAXES.
(1)
The
direc
-
7
tor
shall
transmit
all
taxes,
fines
and
penalties
collected
by
him
to
the
8
state
treasurer
as
provided
under
section
59
-
1014,
Idaho
Code.
The
director
9
shall
file
with
the
state
controller
a
statement
of
each
deposit
thus
made.
10
All
such
funds
received
shall
be
deposited
into
the
department
of
insurance
1
1
suspense
account.
Such
funds
shall
be
distributed
as
follows:
12
(a)
The
director
may
deposit
up
to
twenty
percent
(20%)
of
the
funds
13
received
in
the
insurance
refund
account
which
is
hereby
created
for
14
the
purpose
of
repaying
overpayments
of
any
taxes,
fines,
and
penalties
15
or
other
erroneous
receipts.
There
is
hereby
appropriated
out
of
the
16
insurance
refund
account
so
much
thereof
as
shall
be
necessary
for
the
17
payment
of
refunds.
Any
unencumbered
balance
remaining
in
the
insur
-
18
ance
refund
account
on
June
30
of
each
and
every
year
in
excess
of
forty
19
thousand
dollars
($40,000)
shall
be
transferred
to
the
general
fund
and
20
the
state
controller
is
hereby
authorized
and
directed
on
such
dates
to
21
make
such
transfers
unless
the
board
of
examiners,
which
is
hereby
au
-
22
thorized
to
do
so,
changes
the
date
of
transfer
or
sum
to
be
transferred.
23
(b)
That
portion
of
the
premium
tax,
payable
to
the
public
employee
re
-
24
tirement
fund
as
provided
in
section
59
-
1394,
Idaho
Code,
shall
be
dis
-
25
tributed
to
that
fund.
26
(c)
That
portion
of
the
premium
tax
necessary
to
cover
administrative
27
costs
incurred
by
the
department
in
placing
insurance
companies
or
any
28
other
insurance
entities
into
receivership
or
under
administrative
su
-
29
pervision,
and
such
costs
cannot
be
satisfied
from
the
assets
of
these
30
companies
or
entities,
shall
be
distributed
to
the
insurance
insolvency
31
administrative
fund
which
is
hereby
created.
There
is
hereby
appro
-
32
priated
out
of
the
insurance
insolvency
administrative
fund
so
much
33
thereof
as
shall
be
necessary,
but
not
to
exceed
two
hundred
thousand
34
dollars
($200,000)
in
any
one
(1)
fiscal
year,
for
the
payment
of
the
35
department's
administrative
expenses
incurred
in
carrying
out
such
re
-
36
ceiverships
or
supervision.
A
balance
of
one
hundred
thousand
dollars
37
($100,000)
shall
be
maintained
in
this
fund
on
June
30
of
each
year.
38
(d)
After
all
other
the
deductions
authorized
in
this
section
39
paragraphs
(a)
through
(c)
of
this
subsection
have
been
made,
40
if
the
premium
tax
remaining
exceeds
forty
-
five
million
dollars
41
($45,000,000),
one
-
fourth
(1/4)
of
such
excess
is
hereby
appropriated
42
and
shall
be
paid
to
the
Idaho
individual
high
risk
reinsurance
pool
43
established
in
chapter
55,
title
41,
Idaho
Code.
44
(e)
After
the
deductions
authorized
in
paragraphs
(a)
through
(d)
of
45
this
subsection
have
been
made,
if
the
premium
tax
remaining
exceeds
one
46
hundred
twenty
-
five
million
dollars
($125,000,000),
one
-
fourth
(1/4)
47
of
such
excess
is
hereby
appropriated
to
and
shall
be
paid
to
the
Idaho
48
4
wildfire
risk
mitigation
fund
established
in
section
41
-
2404,
Idaho
1
Code.
2
(e)
(f)
The
balance
of
the
premium
tax,
fines
,
and
penalties
shall
be
3
distributed
to
the
general
fund
of
the
state
of
Idaho.
4
(f)
(g)
All
moneys
received
for
fees,
licenses
,
and
miscellaneous
5
charges
collected
shall
be
distributed
to
the
insurance
administrative
6
account.
7
(2)
The
director
shall
make
and
file
with
the
state
controller
an
item
-
8
ized
statement
of
the
fees,
licenses,
taxes,
fines
,
and
penalties
collected
9
by
him
during
the
preceding
month.
10
SECTION
7.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
12
passage
and
approval.
13