This was a busy week for Montana insurance regulations

With 5 weeks left in this legislative session, this has been a busy week for insurance regulations. A number of bills we are tracking are up for hearings and readings this week.

SB290   Status-Missed General Transmittal Date
A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS PERTAINING TO UNINSURED MOTOR5 VEHICLE LIABILITY INSURANCE TO ADD UNDERINSURED MOTOR VEHICLE LIABILITY INSURANCE REQUIRING THE INSURED TO ACCEPT OR REJECT UNDERINSURED MOTOR VEHICLE LIABILITY

SB308  Status- In committee for third reading
A BILL FOR AN ACT ENTITLED: “AN ACT REMOVING THE LIMITATION ON WORKERS' COMPENSATION BENEFITS TO NOT EXCEED THE STATE'S AVERAGE WEEKLY WAGE; LIMITING WORKERS' COMPENSATION BENEFITS TO NOT MORE THAN $2,885 A WEEK; AND AMENDING SECTIONS 39-7

SB346: Status-Missed Deadline for General Bill Transmittal
A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING WORKERS' COMPENSATION LAWS;  REVISING LAWS RELATING TO WHEN BENEFITS MAY BE ORDERED AND PROVIDING EXCEPTIONS; PROVIDING THAT PAYMENT OF BENEFITS IS NOT REQUIRED WHEN THERE HAS NOT BEEN AN ACCEPTANCE OF LIABILITY; REVISING LAWS RELATING TO COMPLIANCE WITH MEDICAL  TREATMENT; AND AMENDING SECTIONS 39-71-610, 39-71-615, AND 39-71-1106, MCA.”

SB345 : Status-Senate-Third Reading
A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING WORKERS' COMPENSATION LAWS RELATING TO MEDICAL PROVIDERS; PROVIDING FOR AN EVIDENTIARY STANDARDS FOR MEDICAL PROVIDERS; ALLOWING FOR CERTAIN INDEPENDENT MEDICAL EXAMINATIONS BY THE INSURER;AMENDING SECTION 39-71-605, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

HB805 :  Status-Tabled in Committee
A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING WORKERS' COMPENSATION LAWS; REVISING WORKERS' COMPENSATION LAWS RELATING TO CLAIMS; PROHIBITING ALIENS THAT ARE UNLAWFULLY EMPLOYED FROM BEING ELIGIBLE FOR WORKERS' COMPENSATION; PROVIDING THAT AN INSURER SHALL CLOSE A CLAIM IN WHICH THE CLAIMANT FOR WORKERS' COMPENSATION BENEFITS HAS LEFT THE UNITED STATES OR CERTAIN TERRITORIES OF THE UNITED STATES WHILE A CLAIM IS BEING MADE OR ONGOING; AND AMENDING SECTIONS 39-71-118 AND 39-71-4

SB356-Hearing in House
A BILL FOR AN ACT ENTITLED: “AN ACT REVISING INSURANCE UNFAIR TRADE PRACTICES RELATING 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 TO THE DESIGNATION OF SPECIFIC AUTOMOBILE BODY REPAIR BUSINESSES; PROHIBITING AN INSURER FROM DISREGARDING OR REQUESTING AN AUTOMOBILE BODY REPAIR BUSINESS TO DISREGARD CERTAIN INSTRUCTIONS FROM THE ORIGINAL EQUIPMENT MANUFACTURER; AMENDING SECTION 33-18-224, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.”

HB533.3  Passed Senate Second Reading 55-0
A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING INSURERS THAT USE A WILDFIRE RISK SCORE 5 TO PROVIDE THE REQUESTER WITH CERTAIN INFORMATION TO ENHANCE TRANSPARENCY; 6 PROVIDING TIMELINES FOR THE INSURER TO RESPOND; AND PROVIDING DEFINITIONS.”

SB90
A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING PROPERTY TAX ASSISTANCE FOR PRIMARY5 RESIDENCES; PROVIDING THAT THE ASSISTANCE IS FUNDED WITH LODGING TAX REVENUE AND6 RENTAL CAR TAX REVENUE; PROVIDING THAT THE PROPERTY TAX ASSISTANCE IS DISTRIBUTEDTO COUNTIES TO BE DISTRIBUTED AS A CREDIT TO CERTAIN PRIMARY RESIDENCES; REQUIRING 8 THE DEPARTMENT OF REVENUE TO CERTIFY PRIMARY RESIDENCES; PROVIDING A PENALTY FOR 9 FALSE OR FRAUDULENT PRIMARY RESIDENCE APPLICATIONS; PROVIDING AN APPEALS PROCESS 10 FOR CERTIFICATION OF A PRIMARY RESIDENCE; PROVIDING A DEFINITION; PROVIDING 11 RULEMAKING AUTHORITY; ELIMINATING REPORTING REQUIREMENTS; AMENDING SECTIONS 15-7

As a result of SB90 appearing to be set for passage the House introduced HB892-previously LC4443. HB892 will provide for the transfer of funds from the Insurance Tax Revenue account to the State Property Tax Assistance Account.  HB8992 could have a very detrimental impact on the fees and charges paid by insurance carriers, insurance agencies and producers. It will open the door to increased fees “creep” as they continue to need more funding to cover the State Property Tax Assistance program. 

HB892
A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR THE USE OF INSURANCE TAX REVENUE5 FOR PROPERTY TAX RELIEF; TRANSFERRING A PORTION OF INSURANCE TAX REVENUE TO THE6 STATE PROPERTY TAX ASSISTANCE ACCOUNT; PROVIDING AN APPROPRIATION; AMENDING7 SECTION 33-2-708, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

HB892  a hearing in the house Taxation Committee on Tuesday.  The bill had no opposition and was passed without anyone speaking against it.   

There is also a Second Reading of Bill HB114 on Monday.  This bill is labeled as a General revision to Consumer Protection Laws.  It has verbiage that could be detrimental to Financial Planners, Lenders and possibly insurance agents who do consulting.  House Bill 533.3 is probably one of the most important bills for insurance.  This is an attempt by the legislature to force admitted insurance carriers to provide an explanation to insureds on the rationale for their insurance Fire Risk Scores. There were several members that cited their own insurance cancellations after many years with the carrier due to the Fire Risk Score with very little explanation.!!.   The bill passed the reading in the Taxation committee and is due for the third reading in the Senate on Monday.

Lobbying services provided by D.L. Williams.