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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.
644
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
TRAVEL
INSURANCE
ACT;
AMENDING
TITLE
41,
IDAHO
CODE,
2
BY
THE
ADDITION
OF
A
NEW
CHAPTER
45,
TITLE
41,
IDAHO
CODE,
TO
PROVIDE
3
FOR
A
SHORT
TITLE,
TO
PROVIDE
FOR
THE
PURPOSE
OF
THE
CHAPTER,
TO
DEFINE
4
TERMS,
TO
ESTABLISH
PROVISIONS
REGARDING
A
PREMIUM
TAX,
TO
ESTABLISH
5
PROVISIONS
REGARDING
TRAVEL
PROTECTION
PLANS,
TO
ESTABLISH
PROVISIONS
6
REGARDING
SALES
PRACTICES,
TO
ESTABLISH
PROVISIONS
REGARDING
TRAVEL
7
ADMINISTRATORS,
TO
ESTABLISH
PROVISIONS
REGARDING
TRAVEL
INSURANCE
8
POLICY
CLASSIFICATION
AND
STANDARDS,
AND
TO
ESTABLISH
RULEMAKING
PRO
-
9
VISIONS;
AMENDING
SECTION
41
-
1090,
IDAHO
CODE,
TO
REVISE
A
PROVISION
10
REGARDING
THE
SHORT
TITLE;
AMENDING
SECTION
41
-
1091,
IDAHO
CODE,
TO
1
1
REVISE
DEFINITIONS
AND
TO
DEFINE
TERMS;
AMENDING
SECTION
41
-
1092,
IDAHO
12
CODE,
TO
REVISE
PROVISIONS
REGARDING
REQUIREMENTS
FOR
LIMITED
LINES
13
TRAVEL
INSURANCE
PRODUCERS;
REPEALING
SECTION
41
-
1093,
IDAHO
CODE,
14
RELATING
TO
REGISTRATION;
REPEALING
SECTION
41
-
1094,
IDAHO
CODE,
RE
-
15
LATING
TO
POLICY
TYPES;
REPEALING
SECTION
41
-
1095,
IDAHO
CODE,
RELATING
16
TO
THE
RESPONSIBILITY
OF
LIMITED
LINES
TRAVEL
INSURANCE
PRODUCERS;
RE
-
17
PEALING
SECTION
41
-
1096,
IDAHO
CODE,
RELATING
TO
NEGATIVE
OPTIONS
AND
18
OPT
OUTS;
REPEALING
SECTION
41
-
1097,
IDAHO
CODE,
RELATING
TO
ENFORCE
-
19
MENT;
AMENDING
SECTION
41
-
1003,
IDAHO
CODE,
TO
REVISE
A
DEFINITION;
AND
20
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
21
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
22
SECTION
1.
That
Title
41,
Idaho
Code,
be,
and
the
same
is
hereby
amended
23
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
24
ter
45,
Title
41,
Idaho
Code,
and
to
read
as
follows:
25
CHAPTER
45
26
IDAHO
TRAVEL
INSURANCE
ACT
27
41
-
4501.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
28
the
"Idaho
Travel
Insurance
Act."
29
41
-
4502.
PURPOSE.
(1)
The
purpose
of
this
chapter
is
to
promote
the
30
public
welfare
by
creating
a
comprehensive
legal
framework
within
which
31
travel
insurance
may
be
sold
in
this
state.
32
(2)
The
requirements
of
this
chapter
apply
to
travel
insurance
that
33
covers
any
resident
of
this
state
and
that
is
sold,
solicited,
negotiated,
34
or
offered
in
this
state
and
to
certificates
that
are
delivered
or
issued
35
for
delivery
in
this
state.
The
provisions
of
this
chapter
do
not
apply
to
36
cancellation
fee
waivers
or
travel
assistance
services,
except
as
expressly
37
provided
in
this
chapter.
38
(3)
All
other
applicable
provisions
of
the
insurance
laws
in
this
state
39
shall
continue
to
apply
to
travel
insurance,
except
that
the
specific
pro
-
40
2
visions
of
this
chapter
shall
supersede
any
general
provisions
of
law
that
1
would
otherwise
be
applicable
to
travel
insurance.
2
41
-
4503.
DEFINITIONS.
As
used
in
this
chapter:
3
(1)
"Aggregator
site"
means
a
website
that
provides
access
to
informa
-
4
tion
regarding
insurance
products
from
more
than
one
(1)
insurer,
including
5
product
and
insurer
information,
for
use
in
comparison
shopping.
6
(2)
"Blanket
travel
insurance"
means
a
policy
of
travel
insurance
is
-
7
sued
to
any
eligible
group
providing
coverage
for
specific
classes
of
per
-
8
sons
defined
in
the
policy
with
coverage
provided
to
all
members
of
the
eli
-
9
gible
group
without
a
separate
charge
to
individual
members
of
the
eligible
10
group.
1
1
(3)
"Cancellation
fee
waiver"
means
a
contractual
agreement
between
a
12
supplier
of
travel
services
and
its
customer
to
waive
some
or
all
of
the
non
-
13
refundable
cancellation
fee
provisions
of
the
supplier's
underlying
travel
14
contract
with
or
without
regard
to
the
reason
for
the
cancellation
or
form
of
15
reimbursement.
A
cancellation
fee
waiver
is
not
insurance.
16
(4)
"Director"
means
the
director
of
the
department
of
insurance.
17
(5)
"Eligible
group"
means,
solely
for
the
purposes
of
travel
insur
-
18
ance,
two
(2)
or
more
persons
who
are
engaged
in
a
common
enterprise
or
have
19
an
economic,
educational,
or
social
affinity
or
relationship,
including
but
20
not
limited
to:
21
(a)
Any
entity
engaged
in
the
business
of
providing
travel
or
travel
22
services,
wherein
with
regard
to
any
particular
travel
or
type
of
travel
23
or
travelers,
all
members
or
customers
of
the
group
have
a
common
expo
-
24
sure
to
risk
attendant
to
such
travel.
Such
entities
include
but
are
not
25
limited
to
tour
operators,
lodging
providers,
vacation
property
own
-
26
ers,
hotels
and
resorts,
travel
clubs,
travel
agencies,
property
man
-
27
agers,
cultural
exchange
programs,
and
common
carriers
or
the
opera
-
28
tor,
owner,
or
lessor
of
a
means
of
transportation
of
passengers,
such
29
as
airlines,
cruise
lines,
railroads,
steamship
companies,
and
public
30
bus
carriers;
31
(b)
Any
college,
school,
or
other
institution
of
learning
covering
any
32
group
of
students,
teachers,
employees,
or
volunteers;
33
(c)
Any
employer
covering
any
group
of
employees,
volunteers,
contrac
-
34
tors,
board
of
directors,
dependents,
or
guests;
35
(d)
Any
sports
team,
camp,
or
sponsor
thereof,
covering
any
group
of
36
participants,
members,
campers,
employees,
officials,
supervisors,
or
37
volunteers;
38
(e)
Any
religious,
charitable,
recreational,
educational,
or
civic
or
-
39
ganization,
or
branch
thereof,
covering
any
group
of
members,
partici
-
40
pants,
or
volunteers;
41
(f)
Any
financial
institution
or
financial
institution
vendor,
or
any
42
parent
holding
company,
trustee,
or
agent
or
designee
of
one
(1)
or
more
43
financial
institutions
or
financial
institution
vendors,
including
44
account
holders,
credit
card
holders,
debtors,
guarantors,
or
pur
-
45
chasers;
46
(g)
Any
incorporated
or
unincorporated
association,
including
labor
47
unions,
having
a
common
interest,
constitution,
and
bylaws,
and
orga
-
48
nized
and
maintained
in
good
faith
for
purposes
other
than
obtaining
49
3
insurance
for
members
or
participants
of
such
association
covering
its
1
members;
2
(h)
Any
trust
or
the
trustees
of
a
fund
established,
created,
or
main
-
3
tained
for
the
benefit
of
and
covering
a
group
of
members,
employees,
or
4
customers,
subject
to
the
director's
permitting
the
use
of
a
trust
and
5
the
state's
premium
tax
provisions
set
forth
in
section
41
-
4504,
Idaho
6
Code,
of
one
(1)
or
more
associations
meeting
the
requirements
of
para
-
7
graph
(g)
of
this
subsection;
8
(i)
Any
entertainment
production
company
covering
any
group
of
partic
-
9
ipants,
volunteers,
audience
members,
contestants,
or
workers;
10
(j)
Any
volunteer
fire
department,
or
volunteer
ambulance,
rescue,
po
-
1
1
lice,
court,
first
aid,
civil
defense,
or
other
such
volunteer
group;
12
(k)
Any
preschool,
daycare
institution
for
children
or
adults,
or
se
-
13
nior
citizen
club;
14
(l)
Any
automobile
or
truck
rental
or
leasing
company
covering
a
group
15
of
individuals
who
may
become
renters,
lessees,
or
passengers
defined
16
by
their
travel
status
on
the
rented
or
leased
vehicles.
The
common
car
-
17
rier,
the
operator,
owner,
or
lessor
of
a
means
of
transportation,
or
18
the
automobile
or
truck
rental
or
leasing
company,
is
the
policyholder
19
under
a
policy
to
which
this
section
applies;
or
20
(m)
Any
other
group
where
the
director
has
determined
that
the
members
21
are
engaged
in
a
common
enterprise,
or
have
an
economic,
educational,
or
22
social
affinity
or
relationship,
and
that
issuance
of
the
policy
would
23
not
be
contrary
to
the
public
interest.
24
(6)
"Fulfillment
materials"
means
documentation
sent
to
the
purchaser
25
of
a
travel
protection
plan
confirming
the
purchase
and
providing
the
travel
26
protection
plan's
coverage
and
assistance
details.
27
(7)
"Group
travel
insurance"
means
travel
insurance
issued
to
any
eli
-
28
gible
group.
29
(8)
"Limited
lines
travel
insurance
producer"
has
the
meaning
provided
30
in
section
41
-
1091,
Idaho
Code.
31
(9)
"Primary
certificate
holder"
means
an
individual
who
elects
and
32
purchases
travel
insurance
under
a
group
policy.
33
(10)
"Primary
policyholder"
means
an
individual
who
elects
and
pur
-
34
chases
individual
travel
insurance.
35
(11)
"Travel
administrator"
means
a
person
who
directly
or
indirectly
36
underwrites,
collects
charges,
collateral,
or
premiums
from,
or
adjusts
or
37
settles
claims
on
residents
of
this
state,
in
connection
with
travel
insur
-
38
ance,
except
that
a
person
shall
not
be
considered
a
travel
administrator
if
39
that
person's
actions
that
would
otherwise
cause
the
person
to
be
considered
40
a
travel
administrator
are
limited
to:
41
(a)
A
person
working
for
a
travel
administrator
to
the
extent
that
the
42
person's
activities
are
subject
to
the
supervision
and
control
of
the
43
travel
administrator;
44
(b)
An
insurance
producer
selling
insurance
or
engaged
in
administra
-
45
tive
and
claims
-
related
activities
within
the
scope
of
the
producer's
46
license;
47
(c)
A
travel
retailer
offering
and
disseminating
travel
insurance
and
48
registered
under
the
license
of
a
limited
lines
travel
insurance
pro
-
49
ducer
in
accordance
with
this
chapter;
50
4
(d)
An
individual
adjusting
or
settling
claims
in
the
normal
course
of
1
that
individual's
practice
or
employment
as
an
attorney
at
law
and
who
2
does
not
collect
charges
or
premiums
in
connection
with
insurance
cov
-
3
erage;
or
4
(e)
A
business
entity
that
is
affiliated
with
a
licensed
insurer
while
5
acting
as
a
travel
administrator
for
the
direct
and
assumed
insurance
6
business
of
an
affiliated
insurer.
7
(12)
"Travel
assistance
services"
means
non
-
insurance
services
for
8
which
the
consumer
is
not
indemnified
based
on
a
fortuitous
event
and
where
9
providing
the
service
does
not
result
in
transfer
or
shifting
of
risk
that
10
would
constitute
the
business
of
insurance.
Travel
assistance
services
in
-
1
1
clude
but
are
not
limited
to
security
advisories,
destination
information,
12
vaccination
and
immunization
information
services,
travel
reservation
ser
-
13
vices,
entertainment,
activity
and
event
planning,
translation
assistance,
14
emergency
messaging,
international
legal
and
medical
referrals,
medical
15
case
monitoring,
coordination
of
transportation
arrangements,
emergency
16
cash
transfer
assistance,
medical
prescription
replacement
assistance,
17
passport
and
travel
document
replacement
assistance,
lost
luggage
as
-
18
sistance,
concierge
services,
and
any
other
service
that
is
furnished
in
19
connection
with
planned
travel.
Travel
assistance
services
are
not
insur
-
20
ance
and
not
related
to
insurance.
21
(13)
"Travel
insurance"
has
the
meaning
provided
in
section
41
-
1091,
22
Idaho
Code.
23
(14)
"Travel
protection
plans"
means
plans
that
provide
one
(1)
or
more
24
of
the
following:
travel
insurance,
travel
assistance
services,
and
cancel
-
25
lation
fee
waivers.
26
(15)
"Travel
retailer"
has
the
meaning
provided
in
section
41
-
1091,
27
Idaho
Code.
28
41
-
4504.
PREMIUM
TAX.
(1)
A
travel
insurer
shall
pay
a
premium
tax,
as
29
provided
in
section
41
-
402,
Idaho
Code,
on
travel
insurance
premiums
paid
30
by:
31
(a)
An
individual
primary
policyholder
who
is
a
resident
of
this
state;
32
(b)
A
primary
certificate
holder
who
is
a
resident
of
this
state
and
who
33
elects
coverage
under
a
group
travel
insurance
policy;
or
34
(c)
A
blanket
travel
insurance
policyholder
that
is
a
resident
of
this
35
state
or
that
has
its
principal
place
of
business
in
this
state
or
whose
36
affiliate
or
subsidiary
has
its
principal
place
of
business
in
this
37
state,
which
policyholder
has
purchased
blanket
travel
insurance
in
38
this
state
for
eligible
blanket
group
members.
39
(2)
A
travel
insurer
shall:
40
(a)
Document
the
state
of
residence
or
principal
place
of
business
of
41
the
policyholder
or
certificate
holder,
as
required
in
subsection
(1)
42
of
this
section;
and
43
(b)
Report
as
premiums
only
the
amount
allocable
to
travel
insurance
44
and
not
any
amounts
received
for
travel
assistance
services
or
cancel
-
45
lation
fee
waivers.
46
5
41
-
4505.
TRAVEL
PROTECTION
PLANS.
Travel
protection
plans
may
be
of
-
1
fered
for
one
(1)
price
for
the
combined
features
that
the
travel
protection
2
plan
offers
in
this
state
if:
3
(1)
The
travel
protection
plan
clearly
discloses
to
the
consumer,
at
4
or
prior
to
the
time
of
purchase,
that
it
includes
travel
insurance,
travel
5
assistance
services,
and
cancellation
fee
waivers,
as
applicable,
and
pro
-
6
vides
information
and
an
opportunity,
at
or
prior
to
the
time
of
purchase,
7
for
the
consumer
to
obtain
additional
information
regarding
the
features
and
8
pricing
of
each;
and
9
(2)
The
fulfillment
materials:
10
(a)
Describe
and
delineate
the
travel
insurance,
travel
assistance
1
1
services,
and
cancellation
fee
waivers
in
the
travel
protection
plan;
12
and
13
(b)
Include
the
travel
insurance
disclosures
and
the
contact
informa
-
14
tion
for
persons
providing
travel
assistance
services
and
cancellation
15
fee
waivers,
as
applicable.
16
41
-
4506.
SALES
PRACTICES.
(1)
All
persons
offering
travel
insurance
17
to
residents
of
this
state
are
subject
to
the
provisions
of
chapter
13,
title
18
41,
Idaho
Code,
except
as
otherwise
provided
in
this
chapter.
In
the
event
of
19
a
conflict
between
the
provisions
of
this
chapter
and
other
provisions
of
ti
-
20
tle
41,
Idaho
Code,
regarding
the
sale
and
marketing
of
travel
insurance
and
21
travel
protection
plans,
the
provisions
of
this
chapter
shall
control.
22
(2)
Offering
or
selling
a
travel
insurance
policy
that
could
never
re
-
23
sult
in
payment
of
any
claims
for
any
insured
under
the
policy
is
consid
-
24
ered
illusory
travel
insurance
and
constitutes
an
unfair
or
deceptive
act
25
or
practice
prohibited
pursuant
to
the
provisions
of
chapter
13,
title
41,
26
Idaho
Code.
27
(3)
With
regard
to
marketing
practices:
28
(a)
All
documents
provided
to
consumers
prior
to
the
purchase
of
travel
29
insurance,
including
but
not
limited
to
sales
materials,
advertising
30
materials,
and
marketing
materials,
shall
be
consistent
with
the
travel
31
insurance
policy
itself,
including
but
not
limited
to
forms,
endorse
-
32
ments,
policies,
rate
filings,
and
certificates
of
insurance.
33
(b)
For
travel
insurance
policies
or
certificates
that
contain
preex
-
34
isting
condition
exclusions,
information
and
an
opportunity
to
learn
35
more
about
the
preexisting
condition
exclusions
shall
be
provided
any
36
time
prior
to
the
time
of
purchase
and
in
the
coverage's
fulfillment
ma
-
37
terials.
38
(c)
The
fulfillment
materials
and
the
information
described
in
sec
-
39
tion
41
-
1092(2)(a),
Idaho
Code,
shall
be
provided
to
a
policyholder
40
or
certificate
holder
as
soon
as
practicable
following
the
purchase
41
of
a
travel
protection
plan.
Unless
the
insured
has
either
started
a
42
covered
trip
or
filed
a
claim
under
the
travel
insurance
coverage,
a
43
policyholder
or
certificate
holder
may
cancel
a
policy
or
certificate
44
for
a
full
refund
of
the
travel
protection
plan
price
from
the
date
of
45
purchase
of
a
travel
protection
plan
until
at
least:
46
(i)
Fifteen
(15)
days
following
the
date
the
fulfillment
mate
-
47
rials
are
sent
by
postal
mail
to
the
policyholder
or
certificate
48
holder;
or
49
6
(ii)
Ten
(10)
days
following
the
date
the
fulfillment
materials
1
are
sent
by
electronic
means
or
personally
handed
to
the
policy
2
holder
or
certificate
holder.
3
(d)
The
company
shall
disclose
in
the
policy
documentation
and
fulfill
-
4
ment
materials
whether
the
travel
insurance
is
primary
or
secondary
to
5
other
applicable
coverage.
6
(e)
Where
travel
insurance
is
marketed
directly
to
a
consumer
through
7
an
insurer's
website
or
by
others
through
an
aggregator
site,
it
shall
8
not
be
an
unfair
or
deceptive
act
or
practice
or
other
violation
of
law
9
for
the
website
to
provide
an
accurate
summary
or
short
description
of
10
coverage,
as
long
as
the
consumer
has
access
to
the
full
provisions
of
1
1
the
policy
through
electronic
means.
12
(4)
No
person
offering,
soliciting,
or
negotiating
travel
insurance
or
13
travel
protection
plans
on
an
individual
or
group
basis
may
do
so
by
using
14
negative
option
or
opt
out,
which
would
require
a
consumer
to
take
an
affir
-
15
mative
action
to
deselect
coverage,
such
as
unchecking
a
box
on
an
electronic
16
form,
at
the
time
the
consumer
purchases
a
trip.
17
(5)
It
shall
be
an
unfair
or
deceptive
act
or
practice
to
market
blanket
18
travel
insurance
coverage
as
free.
19
(6)
Where
a
consumer's
destination
jurisdiction
requires
insurance
20
coverage,
it
shall
not
be
an
unfair
or
deceptive
act
or
practice
to
require
21
that
the
consumer
choose
between
the
following
options
as
a
condition
of
22
purchasing
a
trip
or
travel
package:
23
(a)
Purchasing
the
coverage
required
by
the
destination
jurisdiction
24
through
the
travel
retailer
or
limited
lines
travel
insurance
producer
25
supplying
the
trip
or
travel
package;
or
26
(b)
Agreeing
to
obtain
and
provide
proof
of
coverage
that
meets
the
des
-
27
tination
jurisdiction's
requirements
prior
to
departure.
28
41
-
4507.
TRAVEL
ADMINISTRATORS.
(1)
Notwithstanding
any
other
provi
-
29
sions
of
this
title,
no
person
shall
act
or
represent
itself
as
a
travel
ad
-
30
ministrator
for
travel
insurance
in
this
state
unless
that
person:
31
(a)
Is
a
licensed
property
and
casualty
insurance
producer
in
this
32
state
for
activities
permitted
under
that
producer
license;
or
33
(b)
Holds
a
valid
managing
general
agent
license
in
this
state.
34
(2)
A
travel
administrator
and
its
employees
are
exempt
from
the
li
-
35
censing
requirement
set
forth
in
section
41
-
1103,
Idaho
Code,
for
travel
in
-
36
surance
it
administers.
37
(3)
An
insurer
is
responsible
for
the
acts
of
a
travel
administrator
ad
-
38
ministering
travel
insurance
underwritten
by
the
insurer
and
is
responsible
39
for
ensuring
that
the
travel
administrator
maintains
all
books
and
records
40
relevant
to
the
insurer,
which
shall
be
made
available
by
the
travel
adminis
-
41
trator
to
the
director
upon
request.
42
41
-
4508.
POLICY.
(1)
Notwithstanding
any
other
provision
of
this
ti
-
43
tle,
and
except
as
provided
in
subsection
(2)
of
this
section,
travel
insur
-
44
ance
shall
be
classified
and
filed
for
purposes
of
rates
and
forms
under
an
45
inland
marine
line
of
insurance.
46
(2)
Travel
insurance
may
be
filed
under
either
an
accident
and
health
47
line
of
insurance
or
an
inland
marine
line
of
insurance
if
it
provides
cov
-
48
7
erage
for
sickness,
accident,
disability,
or
death
occurring
during
travel,
1
whether
exclusively
or
in
conjunction
with
related
coverages
of
emergency
2
evacuation
or
repatriation
of
remains.
3
(3)
Travel
insurance
may
be
in
the
form
of
an
individual,
group,
or
4
blanket
policy.
5
(4)
Eligibility
and
underwriting
standards
for
travel
insurance
may
be
6
developed
and
provided
based
on
travel
protection
plans
designed
for
indi
-
7
vidual
or
identified
marketing
or
distribution
channels,
if
those
standards
8
also
meet
the
state's
underwriting
standards
for
inland
marine
lines
of
in
-
9
surance.
10
41
-
4509.
RULES.
In
accordance
with
this
chapter
and
section
41
-
211,
1
1
Idaho
Code,
the
director
may
promulgate
rules,
subject
to
legislative
ap
-
12
proval,
as
are
necessary
or
proper
to
carry
out
the
provisions
of
this
chap
-
13
ter.
14
SECTION
2.
That
Section
41
-
1090,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
41
-
1090.
SHORT
TITLE.
Sections
41
-
1090
through
41
-
1096
41
-
1092
,
Idaho
17
Code,
shall
be
known
and
may
be
cited
as
the
"Limited
Lines
Travel
Insurance
18
Act."
19
SECTION
3.
That
Section
41
-
1091,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
41
-
1091.
DEFINITIONS.
As
used
in
this
chapter:
22
(1)
"Designated
responsible
producer"
means
the
individual
licensed
23
producer
responsible
for
ensuring
compliance
by
the
limited
lines
travel
in
-
24
surance
producer
with
travel
insurance
laws
and
rules
of
the
state,
as
set
25
forth
in
section
41
-
1092(2)(c),
Idaho
Code.
26
(2)
"Limited
lines
travel
insurance
producer"
means
a
person
who
is
a
27
limited
lines
producer
as
defined
in
section
41
-
1003,
Idaho
Code.
:
28
(a)
Licensed
managing
general
agent;
or
29
(b)
Licensed
insurance
producer,
including
a
limited
lines
producer
as
30
defined
in
section
41
-
1003,
Idaho
Code.
31
(3)
"Offer
and
disseminate"
means
providing
general
information,
in
-
32
cluding
a
description
of
the
coverage
and
price,
as
well
as
processing
the
33
application,
collecting
premiums
,
and
performing
other
activities
permit
-
34
ted
by
the
state.
35
(4)
(a)
"Travel
insurance"
means
insurance
coverage
for
personal
risks
36
incident
to
planned
travel
including
,
but
not
limited
to
:
37
(a)
(i)
Interruption
or
cancellation
of
a
trip
or
event;
38
(b)
(ii)
Loss
of
baggage
or
personal
effects;
39
(c)
(iii)
Damages
to
accommodations
or
rental
vehicles;
and
40
(d)
(iv)
Sickness,
accident,
disability
or
death
occurring
during
41
travel
.
;
42
(v)
Emergency
evacuation;
43
(vi)
Repatriation
of
remains;
or
44
8
(vii)
Any
other
contractual
obligations
to
indemnify
or
pay
a
1
specified
amount
to
the
traveler
upon
determinable
contingencies
2
related
to
travel
as
approved
by
the
director.
3
(b)
"Travel
insurance"
does
not
include
major
medical
plans
that
pro
-
4
vide
comprehensive
medical
protection
for
travelers
with
trips
lasting
5
six
(6)
months
or
longer,
including
those
working
overseas
as
an
expa
-
6
triate
or
military
personnel
being
deployed
,
or
any
other
product
that
7
requires
a
specific
insurance
producer
license
.
8
(5)
"Travel
retailer"
means
a
business
entity
that
makes,
arranges
or
9
offers
travel
services
and
may
offer
and
disseminate
travel
insurance
as
a
10
service
to
its
customers
on
behalf
of
and
under
the
direction
of
a
limited
1
1
lines
travel
insurance
producer.
12
SECTION
4.
That
Section
41
-
1092,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
41
-
1092.
REQUIREMENTS
FOR
LIMITED
LINES
TRAVEL
INSURANCE
PRODUC
-
15
ERS.
Notwithstanding
any
other
provision
of
law:
16
(1)
The
director
may
issue
to
an
individual
or
business
entity
that
has
17
filed
with
the
director
an
application,
in
a
form
and
manner
prescribed
by
18
the
director,
a
limited
lines
travel
insurance
producer
license
that
autho
-
19
rizes
the
limited
lines
travel
insurance
producer
to
sell,
solicit
or
nego
-
20
tiate
travel
insurance
on
behalf
of
a
licensed
insurer.
No
person
may
act
as
21
a
limited
lines
travel
insurance
producer
or
travel
retailer
unless
properly
22
licensed
or
registered,
respectively.
23
(2)
A
travel
retailer
may
offer
and
disseminate
travel
insurance
under
24
a
limited
lines
travel
insurance
producer's
business
entity
license
only
if
25
the
following
conditions
are
met:
26
(a)
The
limited
lines
travel
insurance
producer
or
travel
retailer
pro
-
27
vides
to
policyholders
purchasers
of
travel
insurance:
28
(i)
A
description
of
the
material
terms
or
the
actual
material
29
terms
of
the
insurance
coverage;
30
(ii)
A
description
of
the
process
for
filing
a
claim;
31
(iii)
A
description
of
the
review
or
cancellation
process
for
the
32
travel
insurance
policy,
including
any
forfeiture
fees;
and
33
(iv)
The
identity
and
contact
information
of
the
insurer
and
lim
-
34
ited
lines
travel
insurance
producer.
35
(b)
At
the
time
of
licensure,
the
limited
lines
travel
insurance
pro
-
36
ducer
shall
establish
and
maintain
a
register
on
a
form
prescribed
by
37
the
director
of
each
travel
retailer
that
offers
travel
insurance
on
38
the
limited
lines
travel
insurance
producer's
behalf.
The
register
39
shall
be
maintained
and
updated
annually,
at
a
minimum,
by
the
limited
40
lines
travel
insurance
producer
and
shall
include
the
name,
address,
41
and
contact
information
of
the
travel
retailer
and
an
officer
or
person
42
who
directs
or
controls
the
travel
retailer's
operations,
as
well
as
the
43
travel
retailer's
federal
tax
identification
number.
The
limited
lines
44
travel
insurance
producer
shall
submit
such
register
from
the
previous
45
year
to
the
department
on
March
1
of
each
year
upon
request
.
The
limited
46
lines
travel
insurance
producer
shall
also
certify
that
the
registered
47
travel
retailer
complies
with
18
U.S.C.
1033.
The
limited
lines
travel
48
insurance
producer
shall
report
its
Idaho
annual
written
premium
to
the
49
9
director
on
an
annual
basis.
The
grounds
for
suspension
and
revocation
1
and
the
penalties
applicable
to
insurance
producers
set
forth
in
sec
-
2
tions
41
-
1016
and
41
-
1026,
Idaho
Code,
shall
apply
to
the
limited
lines
3
travel
insurance
producers
and
travel
retailers.
4
(c)
The
limited
lines
travel
insurance
producer
has
designated
one
(1)
5
of
its
employees,
who
is
a
licensed
individual
producer,
as
a
designated
6
responsible
producer
who
shall
be
responsible
for
the
limited
lines
7
travel
insurance
producer's
compliance
with
the
travel
insurance
laws,
8
rules
and
regulations
of
the
state.
9
(d)
The
designated
responsible
producer,
president,
secretary,
trea
-
10
surer
and
any
other
officer
or
person
who
directs
or
controls
the
lim
-
1
1
ited
lines
travel
insurance
producer's
insurance
operations
shall
com
-
12
ply
with
the
fingerprinting
requirements
applicable
to
insurance
pro
-
13
ducers
in
the
resident
state
of
the
limited
lines
travel
insurance
pro
-
14
ducer.
15
(e)
The
limited
lines
travel
insurance
producer
has
paid
all
applicable
16
insurance
producer
licensing
fees
as
set
forth
in
applicable
state
law.
17
(f)
The
limited
lines
travel
insurance
producer
requires
each
employee
18
and
authorized
representative
of
the
travel
retailer
whose
duties
in
-
19
clude
offering
and
disseminating
travel
insurance
to
receive
a
program
20
of
instruction
or
training
that
shall
be
subject
to
review
by
the
direc
-
21
tor.
The
training
material
shall,
at
a
minimum,
contain
instructions
22
on
the
types
of
insurance
offered,
ethical
sales
practices
and
required
23
disclosures
to
prospective
customers.
24
(3)
Any
travel
retailer
offering
or
disseminating
travel
insurance
25
shall
make
available
to
prospective
purchasers
brochures
or
other
written
26
materials
that
have
been
approved
by
the
travel
insurer.
Such
materials
27
shall
include
information
that,
at
a
minimum
:
28
(a)
Provide
s
the
identity
and
contact
information
of
the
insurer
and
29
the
limited
lines
travel
insurance
producer;
30
(b)
Explain
s
that
the
purchase
of
travel
insurance
is
not
required
in
31
order
to
purchase
any
other
product
or
service
from
the
travel
retailer;
32
and
33
(c)
Explain
s
that
an
unlicensed
travel
retailer
is
permitted
to
provide
34
general
information
about
the
insurance
offered
by
the
travel
retailer,
35
including
a
description
of
the
coverage
and
price,
but
is
not
qualified
36
or
authorized
to
answer
technical
questions
about
the
terms
and
condi
-
37
tions
of
the
insurance
offered
by
the
travel
retailer
or
to
evaluate
the
38
adequacy
of
the
customer's
existing
insurance
coverage.
39
(4)
A
travel
retailer's
employees
or
authorized
representatives
who
40
are
not
licensed
as
insurance
producers
may
not:
41
(a)
Evaluate
or
interpret
the
technical
terms,
benefits
and
conditions
42
of
the
offered
travel
insurance
coverage;
43
(b)
Evaluate
or
provide
advice
concerning
a
prospective
purchaser's
44
existing
insurance
coverage;
or
45
(c)
Hold
himself
or
itself
out
as
a
licensed
insurer,
licensed
producer
46
or
insurance
expert.
47
(5)
A
travel
retailer
and
its
employees
and
authorized
representatives
48
whose
insurance
-
related
activities
are
limited
to
offering
and
disseminat
-
49
ing
travel
insurance
on
behalf
of
and
under
the
direction
of
a
limited
lines
50
10
travel
insurance
producer
meeting
the
conditions
set
forth
in
chapter
45,
1
title
41,
Idaho
Code,
is
authorized
to
perform
such
activities
and
to
receive
2
related
compensation
upon
registration
by
the
limited
lines
travel
insur
-
3
ance
producer
in
accordance
with
the
provisions
of
subsection
(2)(b)
of
this
4
section.
5
(6)
As
the
insurer's
designee,
the
limited
lines
travel
insurance
pro
-
6
ducer
is
responsible
for
the
acts
of
the
travel
retailer
and
shall
use
rea
-
7
sonable
means
to
ensure
compliance
with
this
chapter
by
the
travel
retailer.
8
(7)
Any
person
licensed
in
a
major
line
of
authority
as
an
insurance
9
producer
is
authorized
to
sell,
solicit,
and
negotiate
travel
insurance.
A
10
property
and
casualty
insurance
producer
is
not
required
to
become
appointed
1
1
by
an
insurer
in
order
to
sell,
solicit,
or
negotiate
travel
insurance.
12
SECTION
5.
That
Section
41
-
1093
,
Idaho
Code,
be,
and
the
same
is
hereby
13
repealed.
14
SECTION
6.
That
Section
41
-
1094
,
Idaho
Code,
be,
and
the
same
is
hereby
15
repealed.
16
SECTION
7.
That
Section
41
-
1095
,
Idaho
Code,
be,
and
the
same
is
hereby
17
repealed.
18
SECTION
8.
That
Section
41
-
1096
,
Idaho
Code,
be,
and
the
same
is
hereby
19
repealed.
20
SECTION
9.
That
Section
41
-
1097
,
Idaho
Code,
be,
and
the
same
is
hereby
21
repealed.
22
SECTION
10.
That
Section
41
-
1003,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
41
-
1003.
DEFINITIONS.
(1)
"Business
entity"
means
a
corporation,
as
-
25
sociation,
partnership,
limited
liability
company,
limited
liability
part
-
26
nership
or
other
legal
entity.
27
(2)
"Home
state"
means
the
District
of
Columbia
and
any
state
or
terri
-
28
tory
of
the
United
States
or
any
province
of
Canada
in
which
an
insurance
pro
-
29
ducer
maintains
his
or
her
principal
place
of
residence
or
principal
place
of
30
business
and
is
licensed
to
act
as
an
insurance
producer.
31
(3)
"License"
means
a
document
issued
by
the
director
authorizing
a
32
person
to
act
as
an
insurance
producer
for
the
lines
of
authority
specified
33
in
the
document.
The
license
itself
does
not
create
any
authority,
actual,
34
apparent
or
inherent,
in
the
holder
to
represent
or
commit
an
insurance
car
-
35
rier.
36
(4)
"Limited
lines
insurance"
is
insurance
which
restricts
the
author
-
37
ity
of
the
license
to
less
than
the
total
authority
prescribed
in
the
as
-
38
sociated
major
lines
pursuant
to
section
41
-
1008(1)(a)
through
(g),
Idaho
39
Code,
and
shall
include,
but
not
be
limited
to:
credit
life,
credit
disabil
-
40
ity,
credit
property,
credit
unemployment,
involuntary
unemployment,
mort
-
41
gage
life,
mortgage
guaranty,
mortgage
disability,
guaranteed
automobile
42
protection
(GAP)
insurance,
transportation
baggage
insurance,
transporta
-
43
tion
ticket
policies
covering
personal
accident
insurance,
pet
insurance,
44
11
portable
electronics
insurance,
travel
insurance
or
any
other
line
of
insur
-
1
ance
that
the
director
deems
necessary
to
recognize
for
the
purposes
of
com
-
2
plying
with
section
41
-
1009(5),
Idaho
Code.
3
(5)
"Limited
lines
producer"
means
a
producer
authorized
by
the
direc
-
4
tor
to
sell,
solicit
or
negotiate
limited
lines
insurance.
"Limited
lines
5
producer"
includes
a
"limited
lines
travel
insurance
producer"
as
used
in
6
sections
41
-
1090
through
41
-
1096,
Idaho
Code.
7
(6)
"Negotiate"
means
the
act
of
conferring
directly
with
or
offering
8
advice
directly
to
a
purchaser
or
prospective
purchaser
of
a
particular
con
-
9
tract
of
insurance
concerning
any
of
the
substantive
benefits,
terms
or
con
-
10
ditions
of
the
contract,
provided
that
the
person
engaged
in
the
act
either
1
1
sells
insurance
or
obtains
insurance
from
insurers
for
purchasers.
12
(7)
"Person"
means
an
individual
or
a
business
entity.
13
(8)
"Producer"
means
a
person
required
to
be
licensed
under
the
laws
of
14
this
state
to
sell,
solicit
or
negotiate
insurance.
15
(9)
"Resident"
means
a
person
whose
home
state
is
Idaho
or
any
other
16
particular
state
identified
in
conjunction
with
the
use
of
the
term.
17
(10)
"Sell"
means
to
exchange
a
contract
of
insurance
by
any
means,
for
18
money
or
its
equivalent,
on
behalf
of
an
insurance
company.
19
(11)
"Solicit"
means
attempting
to
sell
insurance
or
asking
or
urging
a
20
person
to
apply
for
a
particular
kind
of
insurance
from
a
particular
company
21
or
companies.
22
(12)
"Terminate"
means
the
cancellation
of
the
relationship
between
an
23
insurance
producer
and
the
insurer
or
the
termination
of
a
producer's
au
-
24
thority
to
transact
insurance
for
or
on
behalf
of
an
insurer.
25
(13)
"Uniform
application"
means
the
current
version
of
the
national
26
association
of
insurance
commissioners
(NAIC)
uniform
application
for
resi
-
27
dent
and
nonresident
producer
licensing.
28
(14)
"Uniform
business
entity
application"
means
the
current
version
of
29
the
NAIC
uniform
business
entity
application
for
resident
and
nonresident
30
business
entities.
31
SECTION
11.
An
emergency
existing
therefor,
which
emergency
is
hereby
32
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
33
July
1,
2026.
34