The Agents’ Advocate
The 2024 Oregon short legislative session started on February 5 and ends by March 10. PIAO/I has reviewed the legislative bills released and the list of bills PIA will follow is below. We are still researching our positions, so will publish a list of positions later.
Please contact us if you have any questions or if any of these bills are of particular concern to you. Deadlines during the short session are very condensed and legislative action happens swiftly.
While there are certainly bills of interest to our industry, we are glad that nothing deals with bad faith issues, at least at this point.
Professional Insurance Agents
2024 Oregon Legislative Session
Bill Tracking as of 2/5/2024
|Directs State Fire Marshal to establish a neighborhood protection cooperative grant program. Establishes the Neighborhood Protection Cooperative Grant Program Fund. Directs DSFM to include status reports on this program in their biannual reports. Directs DCBS, DSFM, and OFD to develop a plan and implementation timeline for establishing an insurance-related risk reduction certification program and report on the program. Appropriates moneys to the Fire Marshal out of GF for the program.
|Increases the exempt amount and filing threshold for purpose of the CAT. Exempts reimbursements for certain health care services, including care provided to medical assistance recipients and to Medicare recipients.
|The Act says that public bodies may not have certain terms in some types of construction contracts. Provides that a public body may not include certain provisions relating to payment of defense costs in a contract with a person or entity providing architecture, landscape architecture, engineering, photogrammetric mapping, transportation planning, land surveying services or related services.
|The Act tells the Judicial Department to do a study. Requires the Judicial Department to study civil law matters. Directs the department to submit findings to the interim committees of the Legislative Assembly related to the judiciary not later than September 15, 2025.
|Creates the crime of fraudulent misrepresentation by an employer to an insurer of certain employee-related data with the intent to decrease the employer’s workers’ compensation insurance premium. Punishes by maximum fine of $125k
|Deletes two bases for a worker to refuse an offer of modified employment without losing temporary total disability benefits.
|Requires state agencies to accept surety bonds from people who perform construction work for the state, instead of holding onto some of the money the agencies owe for the work, in order to make sure the work is done correctly. Gives a form for the surety bond. Requires a contracting agency to accept from contractors surety bonds in lieu of retainage for construction projects and public improvement contracts. Specifies requirements for submitting surety bonds. Specifies relations between a contractor and a subcontractor when the contractor submits a surety bond on behalf of the subcontractor. Declares an emergency, effective on passage.
|The Act does not allow an insurer to make a person enrolled in a health benefit plan go to a certain pharmacy in some circumstances for certain types of drugs. The Act also applies to other types of entities that pay for health care. Prohibits issuers of health benefit plans, health care service contractors or multiple employer welfare arrangements from requiring that drugs that are administered by a health care provider be dispensed at a certain pharmacy or by a pharmacy that is in the provider’s network, under specified circumstances.
|The Act makes certain changes to a program for planned fires. The Act directs an agency to extend the deadline for a grant program for protecting homes from fire. The Act directs agencies to report on creating a program for protecting homes from fire. The Act creates a fund related to responding to wildfire smoke. Makes certain changes to the Prescribed Fire Liability Pilot Program. Directs the Department of Consumer and Business Services to allow a person to apply for a grant under the Fire Hardening Grant Program on or before December 31, 2025. Directs the Department of Consumer and Business Services and the Department of the State Fire Marshal to report, on or before September 15, 2024, to committees or interim committees of the Legislative Assembly related to natural resources on a proposal for a proactive home hardening program. Establishes the Smoke Preparedness and Response Fund in the State Treasury. Continuously appropriates moneys in the fund to the Department of Environmental Quality for assistance with community smoke response plans. Takes effect on the 91st day following adjournment sine die.
|The Act requires the OHA to study the problems in getting health care in this state and to send a report of its findings to the legislature. The section is repealed on January 2, 2026. Requires the Oregon Health Authority to study access to health care in this state. Directs the authority to submit its findings to the interim committees of the Legislative Assembly related to health not later than September 15, 2025.
|The Act requires insurance to cover tow costs after a car accident. Requires motor vehicle liability insurance policies to provide coverage for towing expenses related to a motor vehicle accident.
|Raises the exemption and filing thresholds for the CAT tax. Starts with the tax year 2025. Becomes law 91 days from sine die. Increases the exempt amount and the filing threshold for purposes of the corporate activity tax. Applies to tax years beginning on or after January 1, 2025. Takes effect on the 91st day following adjournment sine die.
|Requires insurance for cars shared for money and that some information be given to the shared car owner and the shared car driver. Requires insurance coverage for motor vehicles to be made available as part of a peer-to-peer car sharing arrangement. Specifies coverage requirements and apportions responsibility for coverage among the car sharing program operator, the shared vehicle owner and the shared vehicle driver. Requires certain disclosures to the shared vehicle owner and shared vehicle driver in a car sharing program agreement. Requires the shared vehicle owner to address recall notices for defects that affect the safety of a shared vehicle.
|The Act creates the Task Force on Electric Micromobility. The Act takes effect as soon as it is passed. Creates the Task Force on Electric Micromobility. Sunsets the task force on December 31, 2024. Declares an emergency, effective on passage
|The Act creates a new pilot program to test new ways to pay for health care. The Act sets out the requirements for the program and specifies the steps that the Oregon Health Authority must take to roll out the program. Establishes the Aligning for Health Pilot Program, administered by the Oregon Health Authority, to test alternative methods for paying for health care. Prescribes the requirements for the pilot program and the steps in the implementation. Sunsets January 2, 2035.
|The Act makes a program and an advisory board in the Oregon Health Authority to make it easier to get fast health care.
|The Act creates a committee to review proposed measures that require a health plan to pay for a certain type of health service or a health service that is provided by a certain type of provider of health care. The committee must report the results of its review of each measure to the legislature. The LPRO director staffs the committee. Establishes the Health Insurance Mandate Review Advisory Committee, staffed by the Legislative Policy and Research Director, to meet during interims between sessions of the Legislative Assembly to review any proposed measure sponsored by or submitted to the interim committees of the Legislative Assembly related to health if the measure requires health insurance policies to reimburse specified health care providers or to reimburse the cost of a specific service. Specifies the membership of the committee and the type of review that the committee must undertake. Requires the committee to produce a report of its findings on each proposed measure no later than January 15 of the year in which the measure may be introduced or 15 days after a review is requested, whichever is later. Requires the director to report to the Legislative Assembly, by December 31, 2026, on the work of the committee and recommendations for legislation. Sunsets June 30, 2027. Takes effect on the 91st day following adjournment sine die.
|Bans the recoupment of certain costs if the costs are from the fault of a utility. Makes an electric company make a report on any fire event that is caused by a power line. Allows the report to be used as evidence. Specifies the economic damages allowed for property damage caused by a wildfire. Prohibits the recovery from customers of certain costs and expenses that a public utility incurs as a result of negligence or a higher degree of fault on the part of the public utility. Requires an investor-owned electric utility to provide an incident report to the Department of the State Fire Marshal and the State Forestry Department whenever a fire-related incident occurs that is caused by the utility’s electric power line and to provide a copy of the incident report to the Public Utility Commission. Provides that the incident report may be used as evidence. Specifies the recoverable economic damages allowed for damage or injury to property caused by a wildfire. Allows the use of other objectively verifiable information to determine fair market value.
|Tells the Secretary of State to get data about a person’s background if the person tries to register a business in this state and wants to give the data. Lets the Secretary of State share the data with some people, but says to keep it secret otherwise. Requires the Secretary of State to collect, and share with state agencies, small business development centers and certain organizations, information about the ethnicity, gender and veteran status of an owner or principal of a business that applies for or renews a business registration in this state, if the owner or principal chooses to provide the information. Prohibits the Secretary of State from mandating an owner or principal to submit the information as a condition of applying for or renewing a business registration. Exempts the information from disclosure as a public record. Becomes operative January 1, 2028. Takes effect on the 91st day following adjournment sine die.
|The Act states that kids under 16 years of age may ride Class 1 e-bikes. The Act also states that only those 16 years of age and older may operate Class 2 and Class 3 e-bikes. The Act creates the offense of unsafe e-bike riding. If a person violates the law, the person could face a fine of up to $100. Modifies the definition of electric assisted bicycle for purposes of the Oregon Vehicle Code. Adds definitions of Class 1, Class 2 and Class 3 electric assisted bicycles. Provides that children under 16 years of age may operate Class 1 electric assisted bicycles and provides that only persons 16 years of age and older may operate Class 2 and Class 3 electric assisted bicycles. Creates the offense of unsafe electric assisted bicycle riding. Punishes by maximum fine of $100.
|The Act provides that payment for loss or injury to livestock or working dogs must be based on a multiplier of fair market value.
|The Act applies to insurers and other entities that pay for drugs for people who have insurance. The Act requires insurers and others to count toward any costs that an insured person must pay for their drugs, the amounts paid from coupons or by other third parties. Requires an insurer a pharmacy benefit manager, the Public Employees’ Benefit Board, the Oregon Educators Benefit Board and a health care service contractor to count payments made by or on behalf of an enrollee for the costs of certain prescription drugs when calculating the enrollee’s contribution to an out-of-pocket maximum, deductible, copayment, coinsurance or other required cost-sharing for the drugs.
|The Act says that a person who gets a background check can let OSP send their fingerprints to the FBI’s rap back system.
|The Act makes changes related to a forest products tax. The Act creates a new fund related to wildfire costs. The Act makes changes related to forest protection districts. The Act makes changes related to fees for fire protection. The Act makes changes related to the Emergency Fire Cost Committee. The Act makes changes related to a fund for protecting forest land. The Act repeals a fee on acreage. Makes certain changes related to the forest products harvest tax. Establishes a State Forestry Department Large Wildfire Fund. Continuously appropriates moneys in the fund to the State Forestry Department for wildfire mitigation and suppression. Makes certain changes related to forest protection districts. Makes certain changes related to a minimum assessment and surcharge. Makes certain changes related to the Emergency Fire Cost Committee. Makes certain changes related to the Oregon Forest Land Protection Fund. Repeals an acreage assessment. Takes effect on the 91st day following adjournment sine die.
|Authorizes the use of stop arm cameras on school buses to record people who do not stop for bus safety lights. Permits an education provider to have stop arm cameras on school buses for the purpose of recording persons who fail to stop for bus safety lights. Permits a law enforcement agency to issue a citation for failure to stop for bus safety lights based on photographs or video if certain other conditions are met.