41-4938. LIQUIDATION OF TRUST FUND. (1) The annual tank application fees and transfer fees are perpetually appropriated as dedicated funds for the purposes of this chapter, and the trust fund shall remain in existence as long as the need exists for the trust fund to insure the costs of corrective actions and the need exists for the trust fund to insure the legal liability of petroleum tank owners and operators as provided in this chapter.
(2) In the event other more appropriate means come into existence to provide the insurance provided by the trust fund, then the trust fund shall be liquidated according to the provisions of this section.
(3) Liquidation shall be conducted by the board under a written plan of liquidation filed with and approved by the director. If the director finds the plan to be fair and equitable to all persons having a pecuniary interest in the trust fund, he shall approve it. Any balance remaining after payment or adequate provision for payment of all claims and charges against the trust fund has been made shall be disposed of in the manner provided for in the plan of liquidation. Unless under the plan of liquidation the liability for all unpaid claims and obligations of the trust fund has been assumed by another financially responsible person or persons, the existence of surplus funds for such disposition shall not be determined prior to the expiration of two (2) years after termination of the certificate of registration issued to the trust fund as provided in section 41-4930(2), Idaho Code.
(4) After its approval by the director, the plan of liquidation for the trust fund shall be binding upon all persons pecuniarily interested in the trust fund. Pending the effectuation of the plan of liquidation the director may impose such prohibitions or restrictions upon disbursement or use of trust fund moneys as the director deems advisable for the protection of all interested persons.
(5) If the trust fund is then insolvent and a plan of liquidation thereof satisfactory to the director as being fair and equitable is not filed within sixty (60) days after the effective date of termination of the plan’s registration, or if liquidation of a solvent trust fund is not being carried out in accordance with the plan of liquidation theretofore approved by the director, the director shall liquidate the trust fund under the applicable provisions of chapter 33, title 41, Idaho Code, and for this purpose the trust fund shall be deemed to be an insolvent domestic insurer.
(6) If after all indebtedness and other obligations of the trust fund are discharged to the satisfaction of the director and the trust fund is dissolved, its remaining assets, if any, shall inure to the benefit of the state.
History:
[(41-4938) 41-4941, added 1990, ch. 119, sec. 1, p. 287; am. 1991, ch. 59, sec. 27, p. 135; am. & redesig. 2003, ch. 96, sec. 42, p. 306.]
Structure Idaho Code
Chapter 49 - PETROLEUM CLEAN WATER TRUST FUND ACT
Section 41-4901 - SHORT TITLE.
Section 41-4902 - LEGISLATIVE FINDINGS AND INTENT.
Section 41-4903 - DEFINITIONS.
Section 41-4904 - BOARD OF TRUSTEES OF THE FUND.
Section 41-4906 - LIMITS OF LIABILITY FOR CONTRACTS OF INSURANCE ISSUED BY THE ADMINISTRATOR.
Section 41-4907 - OWNER OR OPERATOR FINANCIAL RESPONSIBILITY.
Section 41-4908 - EXCLUSIVENESS OF REMEDY.
Section 41-4910 - DISTRIBUTION OF APPLICATION FEES AND TRANSFER FEES.
Section 41-4911A - PROVISIONS OF CONTRACTS OF INSURANCE — RENEWAL.
Section 41-4912 - STORAGE TANKS ELIGIBLE FOR INSURANCE.
Section 41-4912A - STORAGE TANKS LOCATED ON SITES WHERE CONTAMINATION IS PRESENT.
Section 41-4913 - STATE TREASURER CUSTODIAN OF TRUST FUND — DUTIES.
Section 41-4914 - DEPOSIT AND INVESTMENT OF FUNDS — INTEREST.
Section 41-4915 - PERPETUAL APPROPRIATION.
Section 41-4916 - ENROLLED SUBSCRIBERS’ LIABILITY ON JUDGMENT.
Section 41-4918 - CANCELLATION OF INSURANCE.
Section 41-4919 - REINSURANCE.
Section 41-4920 - PAYMENTS FROM THE TRUST FUND BY STATE TREASURER.
Section 41-4921 - RESERVE FUNDS.
Section 41-4922 - PLAN OF OPERATION.
Section 41-4923 - REGISTRATION OF THE TRUST FUND.
Section 41-4924 - QUALIFICATIONS FOR REGISTRATION.
Section 41-4925 - APPLICATION FOR REGISTRATION — FEE.
Section 41-4925A - AMENDMENTS TO PLAN OF OPERATION.
Section 41-4926 - GRANT OR DENIAL OF REGISTRATION.
Section 41-4927 - BYLAWS OF THE FUND.
Section 41-4928 - RECORDS AND ACCOUNTS — ANNUAL STATEMENT.
Section 41-4929 - MANAGEMENT CONTRACT WITH THE ADMINISTRATOR — MANDATORY PROVISIONS.
Section 41-4930 - EXISTING INSURANCE LAWS TO APPLY TO THE TRUST FUND WITH CERTAIN EXCEPTIONS.
Section 41-4932 - EXAMINATION OF BOOKS, RECORDS AND ACCOUNTS.
Section 41-4933 - ADMINISTRATOR — FIDELITY BONDS.
Section 41-4934 - PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT.
Section 41-4935 - POLITICAL CONTRIBUTIONS PROHIBITED.
Section 41-4936 - RECOVERY OF DEPLETED FUNDS.
Section 41-4937 - IMPAIRED TRUST FUND.
Section 41-4938 - LIQUIDATION OF TRUST FUND.
Section 41-4939 - VOUCHERS FOR EXPENDITURES.
Section 41-4940 - BORROWED SURPLUS AND SUBORDINATED INDEBTEDNESS.
Section 41-4942 - RULES — DIRECTOR — DEPARTMENT OF INSURANCE.
Section 41-4943 - APPLICATION OF CHAPTER.