Amends and adds to existing law to provide for the Idaho Wildfire Risk Mitigation Fund Act.

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 ACT1 RELATING TO WILDFIRE RISK MITIGATION; AMENDING THE HEADING FOR CHAPTER 24,2 TITLE 41, IDAHO CODE; AMENDING CHAPTER 24, TITLE 41, IDAHO CODE, BY THE3 ADDITION OF A NEW SECTION 41-2402, IDAHO CODE, TO PROVIDE LEGISLATIVE4 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 ADDITION7 OF A NEW SECTION 41-2404, IDAHO CODE, TO ESTABLISH THE IDAHO WILDFIRE8 RISK MITIGATION FUND; AMENDING CHAPTER 24, TITLE 41, IDAHO CODE, BY THE9 ADDITION OF A NEW SECTION 41-2405, IDAHO CODE, TO PROVIDE FOR THE POWERS10 AND AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AMENDING11 SECTION 41-406, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE DEPOSIT12 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 2417 PROPERTY INSURANCE CONTRACTS18

SECTION 2. That Chapter 24, Title 41, Idaho Code, be, and the same is19 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 -- LEGISLATIVE22 INTENT -- SHORT TITLE. It is the intent of the legislature to promote23 self-reliance and lower property insurance costs by reducing wildfire risks24 and increasing competition among insurers. This shall be accomplished by25 encouraging and assisting property owners in protecting their property26 against wildfire risks and mitigating wildfire risks to property owners and27 their insurance companies, thereby attracting and retaining insurers in the28 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 is32 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 through35 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

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SECTION 4. That Chapter 24, Title 41, Idaho Code, be, and the same is1 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, and6 the interest earned on such investments shall be retained by the fund. The7 fund is hereby continuously appropriated to be used solely for effectuating8 the purposes of this act. The fund is established to:9 (a) Promote self-reliance;10 (b) Reduce risk of loss due to wildfire;11 (c) Receive funding from various sources;12 (d) Improve access to property insurance; and13 (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 as24 approved by the director;25 (d) Private sector contributions;26 (e) Grants or other contributions for fire prevention or mitigation;27 and28 (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 is32 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 powers35 and authority to:36 (a) Promulgate rules, subject to legislative approval, to effectuate37 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 and44 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; and48

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 the3 operation of the fund.4

SECTION 6. That Section 41-406, Idaho Code, be, and the same is hereby5 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 the8 state treasurer as provided under section 59-1014, Idaho Code. The director9 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 insurance11 suspense account. Such funds shall be distributed as follows:12 (a) The director may deposit up to twenty percent (20%) of the funds13 received in the insurance refund account which is hereby created for14 the purpose of repaying overpayments of any taxes, fines, and penalties15 or other erroneous receipts. There is hereby appropriated out of the16 insurance refund account so much thereof as shall be necessary for the17 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 forty19 thousand dollars ($40,000) shall be transferred to the general fund and20 the state controller is hereby authorized and directed on such dates to21 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 administrative27 costs incurred by the department in placing insurance companies or any28 other insurance entities into receivership or under administrative su-29 pervision, and such costs cannot be satisfied from the assets of these30 companies or entities, shall be distributed to the insurance insolvency31 administrative fund which is hereby created. There is hereby appro-32 priated out of the insurance insolvency administrative fund so much33 thereof as shall be necessary, but not to exceed two hundred thousand34 dollars ($200,000) in any one (1) fiscal year, for the payment of the35 department's administrative expenses incurred in carrying out such re-36 ceiverships or supervision. A balance of one hundred thousand dollars37 ($100,000) shall be maintained in this fund on June 30 of each year.38 (d) After all other the deductions authorized in this section39 paragraphs (a) through (c) of this subsection have been made,40 if the premium tax remaining exceeds forty-five million dollars41 ($45,000,000), one-fourth (1/4) of such excess is hereby appropriated42 and shall be paid to the Idaho individual high risk reinsurance pool43 established in chapter 55, title 41, Idaho Code.44 (e) After the deductions authorized in paragraphs (a) through (d) of45 this subsection have been made, if the premium tax remaining exceeds one46 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 Idaho48

4 wildfire risk mitigation fund established in section 41-2404, Idaho1 Code.2 (e) (f) The balance of the premium tax, fines, and penalties shall be3 distributed to the general fund of the state of Idaho.4 (f) (g) All moneys received for fees, licenses, and miscellaneous5 charges collected shall be distributed to the insurance administrative6 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 collected9 by him during the preceding month.10

SECTION 7. An emergency existing therefor, which emergency is hereby11 declared to exist, this act shall be in full force and effect on and after its12 passage and approval.13