Nevada — Driving Over 100 MPH: Putting the pedal to the metal is on the rise in Nevada. Big time. The Nevada Office of Safety says over 5,100 citations for driving over 100 miles per hour were issued in 2021. Matthew Kaplan of the Nevada Police Union said that is up from 4,400 in 2020 and 3,500 in 2019.
“I would say there are definitely hundreds, if not thousands, of more citations of this type (that) would be given out if we are fully staffed,” Kaplan said. “The ability to be out there enforcing is severely handicapped right now.”
Source link: Insurance Journal — https://www.insurancejournal.com/news/west/2022/02/07/652352.htm
Oregon — From Oregon Lobbyist Lana Butterfield: February 1 marks the beginning of a 35-day session of the Oregon Legislature. Many of the bills have been released, and since there are short deadlines for actions, bill hearings are already posted.
PIA Bill List
PIA’s Oregon Government Relations Committee met yesterday and took the following positions on bills. Please let us know if you have any questions or comments. All bills can be access at Oregon Legislative Information System (oregonlegislature.gov).
Increases value of property damage that must occur before vehicle accident report is required.
Specifies conditions under which licensing board, commission or agency may suspend or deny occupational or professional license on basis of applicant’s or licensee’s criminal history, moral character or similar qualification.
Modifies definition of “benefit year” for purposes of paid family and medical leave insurance program.
Prohibits public bodies and private entities from requiring person to receive COVID-19 vaccination or to possess COVID-19 immunity passport, immunity pass or other evidence certifying COVID-19 vaccination or immunity status.
Requires that declarations and extensions of states of emergency under certain statutes be accompanied by written explanations.
Modifies provisions of tax laws.
Updates connection date to federal Internal Revenue Code and other provisions of federal tax law.
Establishes limits on campaign contributions that may be accepted by candidates and political committees.
Prohibits candidates for state office from accepting contributions in excess of amounts specified and from sources not specified.
Establishes annual salary of members of Legislative Assembly equal to annual occupational mean wage estimate for Oregon for prior year.
Prohibits discrimination in places of public accommodation on basis of person’s medical history.
Appropriates $50 million to State Forestry Department to fund increased forest thinning operations in specified wildfire-prone counties.
Authorizes board of directors of rural fire protection district to annex to district lands that are within seven road miles of fire station within district, or are brought within seven road miles of fire station within district by new road, and that are not subject to assessments for fire protection by district.
Directs Department of Consumer and Business Services and Oregon Health Authority to enter into intergovernmental agreement for disclosure of data related to outbreak of COVID-19 in workplaces to enable department to inform beneficiaries of rights to workers’ compensation death benefits.
Clarifies prohibitions regarding provisions that may not be included in agreements between employers and former, current or prospective employees.
Provides that maximum loading weight of motorboat must be less than 5,000 pounds to obtain towed watersports motorboat certificate.
Modifies eligibility requirements for entrepreneurial development loans.
Requires business entity that collects, stores or transfers personal data of resident individual to register with Department of Consumer and Business Services as data broker.
Directs insurer to consider only specified information in determining rates for motor vehicle liability insurance policy.
Requires certain residential general contractors proposing remodel or repair project of more than $20,000 in value to tour residential structure with property owner and provide property owner with itemized and detailed description for each feature of proposed construction work.
Directs Department of Education to award grants to wildfire-impacted school districts in amounts to cover funding decreases resulting from decreases in district average daily membership, as compared to 2019-2020 school year, that are caused by wildfires.
Requires Oregon Health Authority to study and make recommendations for options to improve access to or lower cost of health care in Oregon.
Redefines “large-scale project” for purposes of contractor labor standards.
Requires Oregon Business Development Department to conduct pilot program with three jurisdictions within this state to study and make recommendations concerning administrative processes and procedures used in approving residential construction projects.
Prohibits local governments from prohibiting siting of prefabricated structures in all residential zones.
Allows certain cities to adopt unique requirements and incentives for inclusion of affordable housing within certain housing developments.
Modifies procedures for requesting and ordering restitution in criminal cases. Requires 50 percent of restitution ordered to insurance carriers to be distributed to Criminal Injuries Compensation Account.
oppose, but company issue
Grants immunity to owners of coastal lands for use of or entry upon lands for recreational purposes.
Amends provisions of workers’ compensation law related to beneficiaries.
Requires, on or after January 1, 2023, officials of public bodies to grant news media representatives access to scenes of wildfires or natural disasters on public lands that are otherwise closed to public.
oppose, but company issue
Establishes income tax credit for volunteer firefighters.
Authorizes duly authorized traffic enforcement agents to review and issue citations based on photographs taken by photo red light cameras or photographs taken by photo radar cameras.
Adds to cancers covered by rebuttable presumption of occupational disease for eligible nonvolunteer firefighters.
waiting for more information
Requires Department of Consumer and Business Services to meet monthly with specified health care providers to discuss providers’ concerns regarding insurer practices.
oppose, but company issue
Amends provisions of workers’ compensation law related to payments of benefits, notice to workers, recovery of overpayments and errors in claims processing.
waiting for more information
Declares legislative intent to address risk to workers due to climate change impacts and climate hazards.
Terminates state of emergency relating to COVID-19.
Proposes amendment to Oregon Constitution to limit ability of Governor to declare emergency or to exercise powers under declaration of emergency to only those powers granted by law and to 30 days’ duration.
Washington — From PIA Washington Lobbyist Mel Sorensen: February 3 Policy Committee Deadline Kills Bills—Fiscal Committee Deadline Requires Bills to be Approved by Monday, February 7
The February 3 deadline for policy committees in the House and Senate to approve their own bills has resulted in many measures being left behind. Since Friday, February 4, attention has been focused on the fiscal committees in the House and Senate, which face their own cutoff deadline on Monday, February 7 to approve bills that have been referred for the consideration of fiscal notes.
The cutoff deadlines usually mean that a large number of bills are left behind, without coming to a vote. This year, however, many committees have forwarded a comparatively large number of bills along in the process, which will put pressure on the fiscal committees to weed out the bills that will not move forward.
The House Appropriations Committee and Senate Ways and Means Committee both have hearings scheduled for Saturday, February 5. Meanwhile, the House and Senate Transportation Committees both cancelled their hearings that were scheduled for Saturday. None of the fiscal committees have scheduled hearings for Sunday, February 6. This leaves them with only the final day, on Monday, February 7, to approve bills that are not otherwise exempt from the cutoff deadlines.
After the fiscal committee deadline on Monday, February 7, legislators will have until 5:00 p.m. on Tuesday, February 15 to pass measures off of the floors of the House and Senate. Budget bills, and measures necessary to implement the budget, are exempt from the cut-off timelines. The 2022 Legislative Session is scheduled to adjourn on Thursday, March 10.
Senate Committee Considers Measure Establishing a Work Group to Study Credit-Based Insurance Scoring and Restricting the OIC from Adopting Rules
On Tuesday, February 1, the Senate Business, Financial Services & Trade Committee held a hearing to consider draft legislation (later introduced as SB 5969), that would have established a 10-person work group to study credit-based insurance scoring, and bring recommendations to the legislature for consideration in 2023 aimed at assisting those with low credit scores to have access to affordable insurance. The bill would have also imposed a restriction on the OIC with respect to the adoption of rules on credit-based insurance scoring until June 30, 2023.
The Governor’s Office, Washington Build-Back Black Alliance, and Washington Insurers testified in support of the bill. The Poverty Action Network and the OIC testified in opposition. SB 5969 died in committee, however, when it was not brought to a vote of the committee before the February 3 deadline for approval.
Senate Committee Kills Bill Allowing Insurers to Use Credit-Based Insurance Scores, But Only if the Credit Information Improves the Consumer’s Rate
The Senate Business, Financial Services & Trade Committee has killed SB 5623—a measure that was introduced Senator Mark Mullet (D, 5th District). The bill would have established a “better only” structure for the use of credit-based insurance scores, modeled after legislation that has been enacted in Oregon. The bill would have allowed Credit-Based Insurance Scores (CBIS) as a factor in rating new personal lines policies, but for renewals, CBIS would only be able to be used as a factor if it improves the consumer’s rate. The bill was killed when it was not brought to a vote of the committee before the February 3 deadline for approval.
At the hearing for the bill on January 11, licensed insurance producers representing the Professional Insurance Agents WA/AK and the Independent Insurance Agents and Brokers of Washington testified in support of the measure. They pointed to the premium increases that consumers experienced immediately after the OIC’s emergency rules were adopted that banned credit-based insurance scores, and expressed strong support for the restoration of consumers’ “good credit discounts”. The Northwest Insurance Council also provided testimony, indicating that although insurers would likely prefer to retain full risk-based underwriting, the bill is workable, based on the experience in Oregon.
Representatives from the Office of the Insurance Commissioner and the Consumer Federation of America testified against the bill, arguing that insurers should be restricted from using credit.
On his website, Insurance Commissioner Kreidler, continues to express support for SB 5010, which was introduced in the 2021 Legislative Session. As introduced, SB 5010 would have banned the use of CBIS in personal lines of property and casualty insurance. Following hearings on the bill, the measure was amended to provide that CBIS could be used, but only if it improves a consumer’s insurance score and lowers premiums. Commissioner Kreidler expressed vigorous opposition to the amended version of the bill. The amended bill died on the Senate floor at the end of the 2021 Legislative session, when it was not brought to a vote on the Senate floor. The measure has been referred to the “X file” in the Senate Rules Committee, and it appears unlikely to be considered during the 2022 Legislative session.
Senate Committee Kills Bill Enacting the NCOIL Model Authorizing Insurers to Provide Flexibility for Policyholders Due to “Extraordinary Life Circumstances”
The Senate Business, Financial Services & Trade Committee has killed SB 5879—a measure that was introduced by Senator Perry Dozier (R, 16th Legislative District), that would enact the NCOIL model language related to “Extraordinary Life Circumstances”, regarding insurers’ use of credit-based insurance scoring in property and casualty lines of insurance. At the hearing for the measure on January 20, APCIA, NAMIC, and agent/broker groups, and testified in support of the measure, arguing that Washington consumers deserve rights that are provided in others states to have extraordinary life circumstances considered by insurers when credit-based insurance scoring is used.
The OIC, together with the Consumer Federation of America, testified in opposition. The OIC and other opponents did not seem to make much headway with members of the committee. The bill was killed when it was not brought to a vote of the committee before the February 3 deadline for passage.
Formally enacted or authorized in almost all states, the NCOIL extraordinary life circumstances provision authorizes an insurer that uses credit information, upon written request of an applicant or insured, to provide reasonable exceptions to the insurer’s rates, rating classifications, company or tier placement, or underwriting rules or guidelines if the consumer has experienced certain events and they have directly influenced the consumer’s credit information. Those events include, among others, catastrophic events, as declared by the federal or state government; serious illness or injury: identity theft; the temporary involuntary loss of employment, and other events.
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