T41CH43

Title 41 > T41CH43

Sections (20)

41-4301

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4301. short title. This chapter shall be known and may be cited as the Idaho Life and Health Insurance Guaranty Association Act. History: [41-4301, added 2011, ch. 196, sec. 2, p. 559.]

41-4302

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4302. purpose. (1) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in section 41-4303 (1), Idaho Code, against failure in the performance of contractual obligations under life and health insurance policies and annuity contracts specified in section 41-4303 (2), Idaho Code, because of the impairment or insolvency of the member insurer that issued the policies or contracts. (2) To provide the protection stated in subsection (1) of this section, an association of insurers will pay benefits and continue coverages as provided for and limited by this chapter. Members of the association are subject to assessment to provide funds to carry out the purpose of this chapter. History: [41-4302, added 2011, ch. 196, sec. 2, p. 559.]

41-4303

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4303. coverage and limitations. (1) This chapter shall provide coverage for the policies and contracts specified in subsection (2) of this section: (a) To persons, except for nonresident certificate holders under group policies or contracts who, regardless of where they reside, are the beneficiaries, assignees or payees of the persons covered under paragraph (b) of this subsection. (b) To persons who are owners of or certificate holders under the policies or contracts, other than structured settlement annuities, and in each case who: (i) Are residents; or (ii) Are not residents, but only under all of the following conditions: 1. The insurer that issued the policies or contracts is domiciled in this state; 2. The states in which the persons reside have associations similar to the association created by this chapter; and 3. The persons are not eligible for coverage by an association in any other state due to the fact that the insurer was not licensed in the state at the time specified in the state’s guaranty association law. (c) For structured settlement annuities specified in subsection (2) of this section, paragraphs (a) and (b) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (d) and (e) of this subsection, provide coverage to a person who is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee: (i) Is a resident, regardless of where the contract owner resides; or (ii) Is not a resident, but only under both of the following conditions: 1.(A) The contract owner of the structured settlement annuity is a resident; or (B) The contract owner of the structured settlement annuity is not a resident; but the insurer that issued the structured settlement annuity is domiciled in this state; and the state in which the contract owner resides has an association similar to the association created in this chapter; and 2. Neither the payee or beneficiary nor the contract owner is eligible for coverage by the association of the state in which the payee or contract owner resides. (d) The provisions of this chapter shall not provide coverage to: (i) A person who is a payee or beneficiary of a contract owner resident of this state, if the payee or beneficiary is afforded any coverage by the association of another state; or (ii) A person who acquires rights to receive payments through a structured settlement factoring transaction as defined in 26 U.S.C. 5891(c)(3)(A), regardless of whether the transaction occurred before or after such section became effective. (e) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this chapter is provided coverage under the laws of any other state, the person shall no

41-4304

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4304. construction. The provisions of this chapter shall be construed to effect the purpose under section 41-4302 , Idaho Code. History: [41-4304, added 2011, ch. 196, sec. 2, p. 563.]

41-4305

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4305. definitions. As used in this chapter: (1) Account means any of the three (3) accounts maintained pursuant to section 41-4306 , Idaho Code. (2) Association means the Idaho life and health insurance guaranty association. (3) Authorized assessment or authorized, when used in the context of assessments, means a resolution by the board of directors has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed. (4) Benefit plan means a specific employee, union or association of natural persons benefit plan. (5) Called assessment or called, when used in the context of assessments, means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. (6) Contractual obligation means an obligation under a policy or contract or certificate under a group policy or contract, or portion thereof for which coverage is provided under section 41-4303 , Idaho Code. (7) Covered policy means a policy or contract or portion of a policy or contract for which coverage is provided under section 41-4303 , Idaho Code. (8) Director means the director of the Idaho department of insurance. (9) Extra-contractual claims shall include, for example, claims relating to bad faith in the payment of claims, punitive or exemplary damages or attorney’s fees and costs. (10) Impaired insurer means a member insurer: (a) Deemed by the director after the effective date of this chapter to be potentially unable to fulfill its contractual obligations and not an insolvent insurer; or (b) Which, after the effective date of this chapter, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (11) Insolvent insurer means a member insurer which, after the effective date of this chapter, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (12)(a) Major medical insurance means, solely for purposes of this chapter, health insurance policies, contracts or certificates that are issued to provide hospital and medical-surgical coverage. (b) Major medical insurance shall not include insurance policies, contracts or certificates: (i) Issued by an insurer providing only accident-only, credit, dental, vision, long-term care or disability income insurance or specified disease or hospital confinement indemnity insurance; or (ii) For medicare supplement insurance or for coverage supplemental to the coverage provided under the civilian health and medical program of the uniformed services (CHAMPUS). (13)(a) Member insurer means an insurer licensed or that hol

41-4306

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4306. creation of the association. (1) This chapter continues the existence of the nonprofit legal entity known as the Idaho life and health insurance guaranty association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under section 41-4310 , Idaho Code, and shall exercise its powers through a board of directors provided for under section 41-4307 , Idaho Code. For purposes of administration and assessment, the association shall continue the existence and maintenance of three (3) accounts: (a) Life insurance account; (b) Health insurance account, formerly designated the disability insurance account ; and (c) Annuity account. (2) The association shall come under the immediate supervision of the director and shall be subject to the applicable provisions of the insurance laws of this state. History: [41-4306, added 2011, ch. 196, sec. 2, p. 565.]

41-4307

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4307. board of directors. (1) The board of directors of the association shall consist of not fewer than five (5) nor more than nine (9) member insurers serving terms as established in the plan of operation. The members of the board of directors shall be selected by member insurers subject to the approval of the director. Vacancies on the board of directors shall be filled for the remaining period of the term by a majority vote of the remaining board members subject to the approval of the director. (2) In approving selections, the director shall consider, among other things, whether all member insurers are fairly represented. (3) Members of the board of directors may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board of directors shall not otherwise be compensated by the association for their services. History: [41-4307, added 2011, ch. 196, sec. 2, p. 566.]

41-4308

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4308. powers and duties of the association. (1) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the director: (a) Guarantee, assume or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the policies or contracts of the impaired insurer; and (b) Provide such moneys, pledges, loans, notes, guarantees or other means as are proper to effectuate paragraph (a) of this subsection and assure payment of the contractual obligations of the impaired insurer pending action under paragraph (a) of this subsection. (2) If a member insurer is an insolvent insurer, the association shall, in its discretion, either: (a) (i) 1. Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured, the policies or contracts of the insolvent insurer; or 2. Assure payment of the contractual obligations of the insolvent insurer; and (ii) Provide moneys, pledges, loans, notes, guarantees, or other means reasonably necessary to discharge the association’s duties; or (b) Provide benefits and coverages in accordance with the following provisions: (i) With respect to life and health insurance policies and annuities, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred: 1. With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or forty-five (45) days, but in no event less than thirty (30) days, after the date on which the association becomes obligated with respect to the policies and contracts; 2. With respect to non-group policies, contracts, and annuities not later than the earlier of the next renewal date, if any, under the policies or contracts or one (1) year, but in no event less than thirty (30) days, from the date on which the association becomes obligated with respect to the policies or contracts; (ii) Make diligent efforts to provide all known insureds or annuitants, for non-group policies and contracts, or group policy owners with respect to group policies and contracts, thirty (30) days’ notice of the termination, pursuant to subparagraph (i) of this paragraph, of the benefits provided; (iii) With respect to non-group life and health insurance policies and annuities covered by the association, make available to each known insured or annuitant, or owner if other than the insured or annuitant, and with respect to an individual formerly insured or formerly an annuitant under a group policy who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accorda

41-4309

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4309. assessments. (1) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such time and for such amounts as the board of directors finds necessary. Assessments shall be due not less than thirty (30) days after prior written notice to the member insurers and shall accrue interest at eight percent (8%) per annum on and after the due date. (2) There shall be two (2) classes of assessments: (a) Class A assessments shall be authorized and called for the purpose of meeting administrative and other expenses. Class A assessments may be authorized and called whether or not related to a particular impaired or insolvent insurer. (b) Class B assessments shall be authorized and called to the extent necessary to carry out the powers and duties of the association under section 41-4308 , Idaho Code, with regard to an impaired or an insolvent insurer. (3)(a) The amount of a class A assessment shall be determined at the discretion of the board of directors and may be authorized and called on a pro rata or non-pro rata basis. If pro rata, the board of directors may provide that it be credited against future class B assessments. (b) The amount of a class B assessment, except for assessments related to long-term care insurance, shall be allocated for assessment purposes among the accounts pursuant to an allocation formula, which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board of directors in its sole discretion as being fair and reasonable under the circumstances. (c) The amount of a class B assessment for long-term care insurance shall be allocated according to a methodology selected by the association and approved by the director, which methodology shall provide for fifty percent (50%) of the assessment to be allocated to health member insurers and fifty percent (50%) to be allocated to life and annuity member insurers. (d) Class B assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account for the calendar year preceding the assessments bears to such premiums received on business in this state for the calendar year preceding the assessment by all assessed member insurers. (e) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under this subsection and subsection (2) of this section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be poss

41-4310

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4310. plan of operation. (1) The association shall submit to the director a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon the director’s written approval or unless it has not been disapproved within thirty (30) days. (2) All member insurers shall comply with the plan of operation. (3) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter: (a) Establish procedures for handling the assets of the association; (b) Establish the amount and method of reimbursing members of the board of directors under section 41-4307 , Idaho Code; (c) Establish regular places and times for meetings including telephone conference calls of the board of directors; (d) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board of directors; (e) Establish the procedures whereby selections for the board of directors will be made and submitted to the director; (f) Establish any additional procedures for assessments under section 41-4309 , Idaho Code; and (g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association. (4) The plan of operation may provide that any or all powers and duties of the association, except those under section 41-4308 (12)(c), Idaho Code, and section 41-4309 , Idaho Code, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two (2) or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subsection shall take effect only with the approval of both the board of directors and the director, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter. History: [41-4310, added 2011, ch. 196, sec. 2, p. 573.]

41-4311

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4311. duties and powers of the director. In addition to the duties and powers enumerated elsewhere in this chapter: (1) The director shall: (a) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer; and (b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this chapter. (2) The director may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the director may levy a forfeiture on any member insurer that fails to pay an assessment when due. The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month. (3) A final action of the board of directors or the association may be appealed to the director by a member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action being appealed. A final action or order of the director shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the director. (4) The liquidator, rehabilitator or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this chapter. History: [41-4311, added 2011, ch. 196, sec. 2, p. 574.]

41-4312

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4312. prevention of insolvencies. (1) To aid in the detection and prevention of insurer insolvencies or impairments, it shall be the duty of the director to: (a) Notify the insurance directors or commissioners of all the other states, territories of the United States and the District of Columbia within thirty (30) days following the action taken or the date the action occurs, when the director takes any of the following actions against a member insurer: (i) Revokes a license; (ii) Suspends a license; or (iii) Makes a formal order that the company restrict its premium writing, obtain additional contributions to surplus, withdraw from the state, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of policy owners or creditors. (b) Report to the board of directors when the director has taken any of the actions set forth in paragraph (a) of this subsection or has received a report from any other director indicating that any such action has been taken in another state. The report to the board of directors shall contain all significant details of the action taken or the report received from another director. (c) Report to the board of directors when the director has reasonable cause to believe from an examination, whether completed or in process, of any member insurer that the insurer may be an impaired or insolvent insurer. (d) Furnish to the board of directors the national association of insurance commissioners (NAIC) insurance regulatory information system (IRIS) ratios and listings of companies not included in the ratios developed by the NAIC, and the board of directors may use the information contained therein in carrying out its duties and responsibilities under this section. The report and the information contained therein shall be kept confidential by the board of directors until such time as made public by the director or other lawful authority. (2) The director may seek the advice and recommendations of the board of directors concerning any matter affecting the duties and responsibilities of the director regarding the financial condition of member insurers and companies seeking admission to transact insurance business in this state. (3) The board of directors may, upon majority vote, make reports and recommendations to the director upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer or germane to the solvency of any company seeking to do an insurance business in this state. The reports and recommendations shall not be considered public documents. (4) The board of directors may, upon majority vote, notify the director of any information indicating a member insurer may be an impaired or insolvent insurer. (5) The board of directors may, upon majority vote, make recommendations to the director for the detection and prevention of insurer insolvenc

41-4313

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4313. credits for assessments paid. (1) A member insurer may offset against its premium tax liability to this state an assessment described in section 41-4309 (8), Idaho Code, to the extent of twenty percent (20%) of the amount of the assessment for each of five (5) calendar years beginning with the premium tax due under section 41-402 (4), Idaho Code, with respect to the year of payment of the assessment and thereafter with the premium tax due under section 41-402 (4), Idaho Code, during each of the four (4) succeeding years. An allowable offset, or portion thereof, not used in any calendar year cannot be carried over or back to any other year. (2) Any sums acquired by refund, pursuant to section 41-4309 (6), Idaho Code, from the association which have theretofore been written off by contributing insurers and offset against premium taxes as provided in subsection (1) of this section, and are not then needed for purposes of this chapter, shall be paid by the association to the director and by him deposited with the state treasurer for credit to the general account of the state operating fund. History: [41-4313, added 2011, ch. 196, sec. 2, p. 575; am. 2013, ch. 265, sec. 2, p. 650.]

41-4314

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4314. miscellaneous provisions. (1) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (2) Records shall be kept of all meetings of the board of directors to discuss the activities of the association in carrying out its powers and duties under section 41-4308 , Idaho Code. The records of the association with respect to an impaired or insolvent insurer shall not be disclosed prior to the termination of a liquidation, rehabilitation or conservation proceeding involving the impaired or insolvent insurer, except upon the: (a) Termination of the impairment or insolvency of the insurer; or (b) Order of a court of competent jurisdiction. Nothing in this subsection shall limit the duty of the association to render a report of its activities under section 41-4315 , Idaho Code. (3) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to section 41-4308 (11), Idaho Code. Assets of the impaired or insolvent insurer attributable to covered policies shall be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter. Assets attributable to covered policies, as used in this subsection, are that proportion of the assets which the reserves that should have been established for such policies bear to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer. (4) As a creditor of the impaired or insolvent insurer, as established in subsection (3) of this section and consistent with section 41-3334 , Idaho Code, the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within one hundred twenty (120) days of a final determination of insolvency of an insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets. (5) (a) Prior to the termination of any liquidation, rehabilitation or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders and policy owners of the inso

41-4315

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4315. examination of the association –- annual report. The association shall be subject to examination and regulation by the director. The board of directors shall submit to the director each year, not later than May 1 of each year, a financial report in a form approved by the director and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the association shall provide the member insurer with a copy of the report. History: [41-4315, added 2011, ch. 196, sec. 2, p. 577.]

41-4316

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4316. tax exemptions. The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property. History: [41-4316, added 2011, ch. 196, sec. 2, p. 577.]

41-4317

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4317. immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors or the director or the director’s representatives, for any action or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one (1) or more other state associations of similar purposes and to any such organization and its agents or employees. History: [41-4317, added 2011, ch. 196, sec. 2, p. 577.]

41-4318

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4318. stay of proceeding –- reopening default judgments. All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed one hundred eighty (180) days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. History: [41-4318, added 2011, ch. 196, sec. 2, p. 577.]

41-4319

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4319. prohibited advertisement of insurance guaranty association act in commercial sales. No person, including an insurer, agent or affiliate of an insurer shall make, publish, disseminate, circulate or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station or television station, or in any other way, any advertisement, announcement or statement, written or oral, which uses the existence of the insurance guaranty association of this state for the purpose of sales, solicitation or inducement to purchase any form of insurance covered by the Idaho life and health insurance guaranty association act. Provided however, that this section shall not apply to the Idaho life and health insurance guaranty association or any other entity which does not sell or solicit insurance. This section shall also not prohibit the furnishing of written information that is in a form prepared by the association and approved by the director upon request of the policy owner. History: [41-4319, added 2011, ch. 196, sec. 2, p. 577.]

41-4320

TITLE 41 INSURANCE CHAPTER 43 IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT 41-4320. application. This chapter shall apply to coverage the guaranty association provides in connection with any member insurer that was first placed under an order of liquidation on or after January 1, 2011. History: [41-4320, added 2011, ch. 196, sec. 2, p. 578.]