Prepared for a fight…but the other side doesn’t show

I’m not particularly sure why, but when we showed up to support the Volunteer Fire Fighter legislation before the Senate Commerce and Labor Committee – HB1202 -  it became apparent that the company lobbyists were not going to oppose the bill after their strong opposition the previous week.  Their position was clearly tempered by their 16 to 4 loss in the House C&L Committee and then 97 to 1 loss when the bill came before the full House.  An argument could even have been made at the time to abandon the bill coming before the Senate committee, as the Senate bill was heading toward the Governor’s office even if the Senate took no action on the House companion bill. [Now are you confused??]  In short, we were prepared for battle and thankfully it didn’t have to come to that.  I felt somewhat sorry for Joe Hudgins as he spent a good part of his weekend working on talking points for Senator Puckett. 

Joe and I then proceeded to sit in the Senate gallery and watch the debate on HB153 – Workers’ compensation: exclusion of certain employees.  Introduced by our friend Delegate Lee Ware, the legislation would end the practice of companies having to participate in BOTH the Virginia Workers Compensation program AND the Longshore and Harbor Workers Compensation Act.  Essentially, businesses will be able to pick one or the other to support their employees instead of having to purchase redundant coverage.  As you can imagine, union interests supported participation in both programs and businesses were pleading for relief.  Discussion on the floor of the Senate became quite heated (although this bill was just the tip of the iceberg creating tension among legislators) and legislators started ascribing issues that had nothing to do with reality.  HB 153 became a political discussion instead of a debate on issues.  As a result, the bill ultimately passed on a 20 to 19 vote. 

For the most part, nothing moving toward the Governor’s office for signature should give us heartburn.  Particularly since our legislation on certificates of insurance is heading in that direction.

Clearly some “brochure” bills are heading to the Governor’s office – a couple of which he asked for, such as the notices regarding earthquake coverage, or the lack thereof. 

Accompanying this report is our Legislative Table which provides an update on all of our interested bills as of today.  As always, if you have any questions, please don’t hesitate to give me a call at 804-929-4134 or e-mail me at rbradshaw@iiav.com.   

And don’t worry – citizens are “safe” to text and drive until next year.  SB219 – the last of the text messaging bills – was tabled by Senator Barker when one of the Delegates promised to work with him on a stronger bill for 2013.  We’ve heard that story before.  In short, reckless driving is reckless driving with significant penalties attached to it, and you can NOW be stopped while driving for texting, reading e-mails, shaving, eating, brushing your teeth, putting on make-up… 

This will be our final report for the 2012 legislative session.  If something comes up of an urgent nature we will certainly alert you to this ASAP.  The last day of the session – Sine Die – is scheduled for March 10 but that’s predicated on the legislators passing a budget.  If you remember a couple of years ago, they didn’t pass a budget until early June!   

For in-depth details on the new legislation, sign up for one of IIAV’s Laws and Regulations classes.  We have a great video for you, too.  Maybe even your choice of videos. 

Finally, let me thank Joe Hudgins – IIAV’s Vice President of Education and Technical Affairs and long term-friend - for his help during this session of the General Assembly.  While I might have a good handle on the politics, Joe is just unsurpassed in his technical knowledge on insurance issues.  His ability also to explain a complicated insurance situation to legislators has been invaluable and his help on the certificate issue has been critical.  IIAV members should be proud to have Joe working for you this session. 

Until next legislative session….I hope to see you at an IIAV Laws & Regs class…or at our convention….or at your office or ours!

A busy crazy week - and it's only been two days

I pretty much figured last week would be pretty slow following cross-over and this week would be a "zoo" so I deferred sending you a report earlier in the week. And yes - this week has been crazy. Now where to start - with the absurd or the good news?

Let's start with the good news! IIAV's proposals on Certificates of Insurance - SB 47 and HB 867 - have received unanimous support by both the House and Senate and will soon be heading to the Governor's office for his signature....hopefully without amendment. I know I've been paranoid throughout this process and while the bills have indeed received unanimous support, we will do everything we can to ensure that the Governor does not amend the bills. Then the work really begins. We have already reached out to the Bureau of Insurance to work with them on helping to educate the agent community on these bills and we'll also have to do something about educating the certificate holder community as well. Any volunteers??? The legislation in and of itself will not solve the problem with certificates - although it will surely help. They will not of course stop companies from asking for everything under the sun and it will be incumbent upon agents primarily to follow the law. We have already seen companies asking for agents to specifically provide notice of cancellation and agencies are going to have to figure out how they are going to respond to these legal but not recommended requests.

Citizens of the Commonwealth can sleep soundly with the passage of the earthquake coverage notice requirements contained in HB 523/SB 369. These administration supported bills certainly came through the legislative sausage machine to be virtually meaningless. If a company doesn't provide earthquake coverage, all they have to state on the policy is that it is "excluded unless purchased by endorsement". If the company writes earthquake coverage then notice needs to be provided for the consumer to "contact their company or agent." It was so interesting to listen to the debate on this bill which was then almost immediately followed by a bill where virtually everyone agreed that consumers don't read their insurance policies.

This week IIAV found ourselves supporting volunteer fire fighters on the one side in opposition to our company partner lobbyists on the other. Responding to a letter from the Attorney General stating that volunteer fire fighters don't have statutory authority to send a bill to homeowners following a fire, HB 1202/SB 140 were introduced solely to allow volunteer fire departments who are "not fully funded by real estate taxes or other property taxes" to bill for their services. These are few and far between. Regardless of the fact that the state's largest homeowners carrier provides such coverage and many others do as well, and that the insurance industry lobbyists supported the bills up to crossover and THEN announced their opposition, they encouraged legislators to defeat HB 1202 in the House Commerce and Labor Committee as it would result in homeowner premium increases throughout the state....and that volunteer fire departments are already receiving adequate resources through the premium tax on homeowner policies for the Fire Program Fund.

Following the surprise announcement that the insurance company lobbyists were going to oppose the measurers, IIAV's Legislative Committee was re-polled and they unanimously voted to support the volunteer fire departments which we did by visiting virtually all members of the House Commerce and Labor Committee and then through testimony. IIAV members would have been proud of Joe Hudgins who spoke plainly and specifically on the minimal impact the measure would have on premiums. SB 140 passed in committee on a 16 to 4 vote. HB 1202 will come up in the Senate Commerce and Labor Committee meeting on Monday.

Following another bill - SB 65 would have required nursing homes etc. to publicize not only that they have liability insurance coverage but their limits - gee, I wonder why? This Virginia Trial Lawyers Association sponsored measure was two years in the making and sounded very familiar to the "lazy plaintiff's attorney bill" that we fought so hard against several years ago. The bill passed the Senate and then came to the House Health Welfare and Institutions Committee with the presentation that this was a "compromise bill from all members of the involved community." Committee Chairman Bobby Orrock noted that he was very familiar with compromise bills and "compromise" bills. Following debate and testimony the bill was defeated on a 5 to 17 vote following withering cross examination from two....trial lawyers - Delegates Rob Bell and Joe Morrissey (ok....I know Morrissey lost his law license but he's still a trail lawyer at heart). Interesting turn of events which we greatly supported but we still wondered by insurance companies were not visible in their opposition on this measure specifically.

I could go on....this was the week for interesting testimony which I guess is somewhat natural following crossover. The updated Legislative Table accompanies this report so if you have any questions/thoughts/concerns on any of these bills, just let me know. Please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-929-4134.

Crossover

A little more than three weeks to go!

Accompanying this report are Pre-Crossover and Post-Crossover legislative tables. There are "only" 43 pieces of legislation in play at this point that we're keeping a special eye on so we're hoping for a smooth second half of the session.

With crossover starting, IIAV's proposal on certificates from the Senate - SB 47 - comes before the House Commerce and Labor Committee tomorrow. This bill needs to be amended slightly to conform it to our House bill - HB 867 - but our House sponsor; Delegate Rust serves on the House Commerce and Labor Committee so we should receive a good reception.

After the certificate bills, there really don't seem to be that many fall on our sword issues facing us. There are a few that I need to hear presentations on to clarify what the public policy positions are behind them, but we'll continued to be at the legislature working on the bills.

The IIAV Health Insurance Task Force is already at work on providing comments on SB 496 as we want to be absolutely prepared with a bill that we like in case of an adverse Supreme Court decision.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-929-4134.

Sixth Report of the 2012 Session of the General Assembly

Gambling on the Supreme Court

Delegate Lee Ware, Chairman of the Commerce and Labor subcommittee on insurance welcomed over 120 agents last week to the Insurance Day on the Hill.  Delegate Ware provided a behind the scenes look at a wide range of issues and encouraged agents to meet with their representatives.  “Members of the Virginia General Assembly simply don’t know the issues related to insurance as you do.  You have an obligation to let them know how legislation will effect you and your clients,” noted Delegate Ware.  As well, agents received updates on Federal legislation and in-depth reviews of proposals related to certificates of insurance and the Health Benefit Exchange.  In addition, agents relaxed at a reception attended by over 20 members of the General Assembly including speaker of the House of Delegates Bill Howell.

Our thanks to all agents who attended this critical event and we encourage everyone to get politically active and remain ready to contact their legislators if and when it’s necessary.

This is “cross-over” week coming up.  As of Wednesday the Senate can only look at legislation generated by the House, and the House can only look at legislation generated by the Senate.  This is of course except for that of the budget.  I truly believe this is the calm before the storm related to the budget and I for one am going to try and stay as far away from budget discussions as I possibly can.  Something tells me this is going to get ugly.

Last week, the Senate Commerce and Labor subcommittee on the Health Benefit Exchanges accepted IIAV and VAHU’s recommendations for certifying navigators and requiring 16 hours of continuing education every two years.  Of course, the committee will also recommend to the full Commerce and Labor Committee that the legislation be “carried over” and not be approved this legislative session.  It’s the best we can hope for at the moment.  There is virtually complete political opposition to passing a bill creating a Health Benefit Exchange – from the Governor to the leadership in the House of Delegates.  It’s easy to understand why but from a business perspective it’s just another unknown related to health care and how it impacts businesses in the future.  The Supreme Court will hear pleadings in March and are expected to make their ruling in June.  They could rule the PPACA as completely unconstitutional, or they could uphold bits and pieces of it.  In the mean time businesses large and small are looking for relief from the increasing costs of health care.

IIAV’s certificate legislation is moving forward and since they have effectively passed both houses without opposition, we hope that will continue and that shortly our bills will be heading to the governor for his signature. 

You might also see that legislation related to insurance agent licensing is moving forward.  HB 209  will change the 2 hour requirement for laws and regulations each biennium to 3 hours of Ethics, which may include laws and regulations.  This does not increase the total number of hours needed however.  In addition HB 209 streamlines the CE completion process providing little flexibility for those who don’t meet their requirements.  These provisions will not be effective until the 2013 biennium.

Take a look at the updated legislative table and let me know if you have any questions.  We have about a month to go for this legislative session but they must complete the work on bills before them and then craft a 2 year state budget.  Lots to do.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-909-4134. 

IIAV's Fifth Report of the 2012 Session

A Nervous But Successful Week

We are pleased to report to you that this past Thursday, IIAV's proposed legislation on certificates of insurance - HB 867 – passed by unanimous vote in the House Commerce and Labor Committee.  The bill was amended in order to accommodate federal or state certificate requests where the language requested on the certificate was very specific, but the cert must still reflect the underlying policy.  EPA, DOD and DEQ certificates are federal/state departments with specific certificate language.  Our Senate bill has passed the Senate and when it gets to the House it will be amended to mirror HB 867. 

We are not out of the woods yet. While it's unlikely (knock on wood) opposition could still come out of the woodwork and attempt to do harm to our bills but at this point it would be rather difficult. Having said that, both Joe Hudgins and I will be keeping an alert eye on our bills to make sure nothing happens to them. Keep your fingers crossed.

We've had a little bit of "fun" this week. The Governor has supported two bills (HB 523 and SB 369) that would require a notice on homeowner policies that "earthquake coverage may not be included" in the policy. Additional proposed language requires that the notice be "conspicuous" and also include language that states, "that information regarding earthquake insurance is available from the insurer or the insurance agent."

Of course, debate on this notice follows the debate on the Progressive bill where virtually everyone agreed that people don't read their insurance policies. And just how would you make the language "conspicuous" over say, the flood notice?? And finally, we've had a bit of fun on this as our friends at Allstate don't like the "contact the insurer or agent" language because.... Allstate doesn't offer earthquake coverage! Senator Reeves introduced the bill in the Senate on behalf of the Governor and of course he's a State Farm agent.

Does seem odd however to simply have a notice that says something might not be covered and NOT provide the consumer with some recommended recourse.

Last week a House Commerce and Labor subcommittee reviewed all of the legislative proposals on a Virginia State Health Benefit Exchange. The Governor has strongly argued that we don't need legislation on a HBE this year but many business interests have urged the legislature to craft a bill that everyone could agree with and "carry it over" so if the Supreme Court decision affirms the Federal Health Care Bill we would have a bill already agreed to. Our interest in the debate is the ensure that insurance agents can make positive contributions to the HBE Advisory Board or Governing Council, to ensure that agents can sell policies both inside and outside the exchange and to keep legislators out of the contracts between agents and companies. Debate on the issue is contentious. In a surprise move this past week the House C&L subcommittee voted to table all of the HBE bills - thereby setting them aside for the year. The Senate has not taken action yet on the four bills in that side of the Chamber dealing with an HBE but it appears that their fate would be certain if they make it to the House.

During debate on the House bills, a representative from AARP testified that insurance agents and companies have an inherent conflict of interest and should not be represented on an HBE Board or Advisory Council....of course AARP stands ready to be a navigator for the program. GEEE I wonder if the AARP has any interest in health insurance plans.....

It's been a long time since I saw Joe Hudgins turn such a bright shade of red. Let's just say that Joe and the AARP representative had a bit of a discussion that may continue. I believe I see an amendment supported by IIAV that "any non-profit organization with contractual interests in an insurance program cannot be navigators for the HBE."

Take a look at the Legislative Table and if you have any questions or concerns about any of the proposals listed, please don't hesitate to let me know. Also - PLEASE plan on attending IIAV's Insurance Day on the Hill - co-hosted with the National Association of Insurance and Financial Advisors - Virginia Chapter and the Virginia Association of Health Underwriters this week. It's critically important this year that insurance agents show their presence both from property/casualty industry but also the health insurance industry. Click here to register for Day on the Hill.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.comor through my cell phone at 804-929-4134.

Announcement on IIAV's Certificate Bill

IIAV's legislative proposal on certificates of insurance HB 867 has just passed the House Commerce & Labor Committee without opposition. We thank all members for their assistance in this process. We will remain vigilant as this bill, and the Senate companion SB 47, continue through the political process.

Fourth Report of the 2012 Session

Continuing to learn important lessons!

First, let me thank everyone who has contacted their delegate in support of HB 867 - IIAV's legislative proposal on certificates of insurance. And let me encourage those who have not contacted their delegate to do so in support of HB 867. Yes we were contacted by a minor little company - AIG - who wanted to be exempt from our legislation and who also presented us with an amendment that would likely have brought the huge coalition down on our bill. But when we actually listened to what they were not saying, we understood that indeed our legislation needed an important amendment that would actually enhance the integrity of the bill. Having said that, Joe Hudgins and I met with the Bureau of Insurance and we drafted acceptable language to us, the Bureau, AIG and would not affect the wide range of businesses and industries who have agreed to either support - or not oppose - HB 867.

While there's a long story in relation to this event - which I'm sure will be part of our 2012 Laws and Regulations Class - the important lesson is to stop, listen and find out the specific objection to something before you say "no" to something. AIG or similar companies will not be exempt to HB 867, but their ability to conduct business in unusual circumstances is protected.

HB 867 will now likely be heard before the House Commerce and Labor Committee on Thursday, February 2nd.

The Senate Commerce and Labor Committee on Monday, January 30th, and the House Commerce and Labor Committee on Tuesday, January 31st will begin hearings on all of the varied bills establishing a Virginia Health Care Exchange. The McDonnell administration has adamantly stressed that legislation is NOT needed this year and that in fact, they have the legislative authority to create the exchange without further legislation if it becomes necessary - given a Supreme Court ruling in the middle of this year. Many legislators look at anything related to the exchange as a political hot potato. We're working with the Virginia Health Underwriters to ensure that legislators know that insurance agents are part of the solution to the discussion on health care reform and that we're not part of the problem. And indeed there are a number of favorable initiatives presented in the proposed bills. The problem is however like when you tell you spouse that you hit all the numbers for the lottery but it took five different tickets to get all the numbers. Even Senator McEachin's bill had something we liked - he was the only one who put a health insurance agent on the exchange's advisory board - although Senator Watkin's bill said that the Exchange's Director must listen to a wide constituency group...including health insurance agents. No before you get excited about supporting Senator McEachin's bill recognize that his bill also had the state or the exchange involved in establishing commission agreements for agents and companies. If there's one thing we absolutely DON'T want is government intrusion in agent commissions.

Once again, take a look at the Legislative Table and if you have any questions or concerns about any of the proposals listed, please don't hesitate to let me know. Also - PLEASE plan on attending IIAV's Insurance Day on the Hill - co-hosted with the National Association of Insurance and Financial Advisors - Virginia Chapter and the Virginia Association of Health Underwriters. It's critically important this year that insurance agents show their presence both from property/casualty industry but also the health insurance industry. Click here for a Day on the Hill registration form.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-929-4134.

URGENT: Legis Alert - Certificates

Yesterday morning (1/24) we learned that a company was prepared to present an amendment to IIAV's proposal on certificates - HB 867- that would have exempted them from the act. The amendment clearly would have a) abrogated the intent of the bill, and b) started a "Christmas Tree" where industry after industry seeks to exempt themselves from the legislation. Clearly this was not acceptable.

At first we were taken aback at the brazen attempt to exclude themselves from the legislation. However following their conversation with the Bureau of Insurance and us it was apparent that there was indeed an unintended consequence to a strict interpretation of our legislative proposal that would have made it difficult for agencies doing work with the federal or state government where specific certificate language was requested. With the Bureau of Insurance's assistance we have crafted an amendment to HB 867 that should satisfy the complaining company. Specifically our amendment notes that as long as a certificate "accurately reflects the terms and conditions of the underlying policy", it can take any number of different formats through Acord forms or otherwise.

IIAV has worked with a wide range of interested organizations that either support our bill or have agreed not to oppose the bill. We have revisited with many of these groups to assure them that our amendment in no way changes the underlying principal of our legislative proposal. Moreover, we have assured them that we are not interested in carving out an exception for any group or industry to the legislation - simply put; it must have a uniform application.

We have presented the amendment we drafted with the assistance of the Bureau to the complaining company. We are absolutely confident that our amendment addresses their concern.

HB 867 is now scheduled to come before the House Commerce and Labor Committee next Tuesday, January 31st. While we wouldn't normally do this, we need the IIAV membership to flex their muscle and let the legislature know that HB 867 must pass as long as it has the approval of the Bureau of Insurance and IIAV. It should pass without outside amendments that do not have the approval of the Bureau or IIAV!


If your Delegate serves on the Commerce and Labor Committee it is especially critical that these legislators be contacted by you. They are listed here with links to their contact information:

Kilgore (Chairman), Purkey, Byron, Ware, R.L., Hugo, Rust, Marshall, D.W., Cline, Miller, Merricks, Loupassi, Cosgrove, Bell, Robert B., Comstock, Habeeb, Johnson, Joannou, Alexander, McClellan, Ward, Lewis, Tyler

Again, please ask your Delegate to approve HB 867 SOLEY with IIAV or Bureau supported amendments! We know of no other opposition to HB 867 except for this one company - although it's entirely possible that some company may come out of the woodwork in opposition. We are prepared and with your help we can overcome any opposition to this legislation. WE MUST STOP THIRD PARTY DEMANDS TO FALSIFY CERTIFICATES OF INSURANCE!

Thank you for your assistance and if you have any comments, questions or concerns, please feel free to contact either Joe Hudgins - jhudgins@iiav.com - or me at rbradshaw@iiav.com. Your voice can make a difference. Please contact your Delegate As Soon As Possible.

Thank you for your assistance.

Third Report of the 2012 Session

"You might want to sit down Mr. Bradshaw"

Richmond - Last week our first opportunity to present our bill on certificates came before the Senate Commerce and Labor Committee. Previously we had met with all Senators and still had not heard of any opposition to SB47. Having said that, Joe Hudgins and I were certain that someone or some company would come out of the woodwork and oppose our bill.

So, we were prepared for our committee hearing and I had worked extensively on my committee presentation. And Joe was prepared for the questions that were sure to come our way. So our bill was called and Senator Watkins presented the bill using our talking points. Then it was our turn. This is it! This is our time! I started making my comments whereupon Senator Norment stopped me in mid-sentence and asked "Mr. Bradshaw (he's very formal in committee), are you aware of any opposition to your bill?" To which I replied "no", and he responded "then you might want to sit down Mr. Bradshaw." And as a good salesman when the sale is made....you just sit down and our bill passed with unanimous support. Yesterday if passed the final vote in the full Senate. So...HB 47 goes to the House of Delegates.

Next Tuesday afternoon our House companion bill - HB 867 - will be heard in the House Commerce and Labor Committee. Delegate Rob Bell has also introduced a certificate bill - which did not provide for the Bureau of Insurance's regulatory authority - and it will be rolled into HB 867. Again, I don't mean to sound like a worry wart, but we're ready for opposition but just are not aware of any just as yet.

Yesterday the IIAV Legislative Committee decided to support HB 523 and the companion SB 369 which would require notices on insurance policies that earthquake insurance is excluded. This would be similar to the notices indicating that flood coverage is excluded. The legislation would require that the notice suggest that the consumer discuss earthquake coverage with their insurer or agent. It certainly couldn't hurt to get the dialog started and is a reminder following the sale of the policy.

January 31st had been set aside for a subcommittee of the House Commerce and Labor Committee to review and hear all of the insurance exchange bills - of which there are several introduced by both parties. The McDonnell administration has actively presented to legislators that no legislation is needed during this session on a Virginia exchange and that we can wait to receive the results of the Supreme Court hearing in March - with their expected ruling in July. Should be an interesting discussion and members of IIAV's Health Task Force will be in attendance.

Once again, take a look at the Legislative Table and if you have any questions or concerns about any of the proposals listed, please don't hesitate to let me know. Also - PLEASE plan on attending IIAV's Insurance Day on the Hill - co-hosted with the National Association of Insurance and Financial Advisors - Virginia Chapter and the Virginia Association of Health Underwriters. It's critically important this year that insurance agents show their presence both from property/casualty industry but also the health insurance industry. Click here for a Day on the Hill registration form.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-929-4134

Second Report of the 2012 Session

A Quick Start - Might want want to contact your Senator

RICHMOND – On Monday afternoon, January 16 the Senate Commerce and Labor Committee will take up IIAV’s proposal on certificates of Insurance – SB 47 sponsored by Senator John Watkins. If your Senator is on the Commerce and Labor Committee – we would encourage you to contact them and ask that they support SB 47. Here’s a listing of the Senators on C&L:

2012 SESSION

Senate Commerce and Labor

MEMBERSHIP

Watkins (Chairman), Colgan, Saslaw, Miller, Y.B., Norment, Stosch, Edwards, Wagner, Newman, Puckett, Herring, Martin, Obenshain, Stuart, McWaters, Stanley

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We weren’t expecting SB 47 to come up so quickly but better now then never. Our bill has also been introduced in the House HB 867 by Senator Tom Rust but this bill is not on the committee docket as of yet. We continue to meet with legislators and industry representatives and have yet to find anyone who’s opposed to our certificate proposals….but we’ll soon see who shows up.

While we don’t normally ask that you call your legislator unless it’s necessary – call me a little paranoid on this one. We’ll report back to you following the Senate action and let you know what happened.

Looking at the rest of the proposals, there are certainly some interesting ones out there. We were certain that some legislation would be introduced related to earthquakes and sure enough there is/are. The ADMINISTRATION has asked for both HB 523 and SB 369 to be introduced which would require insurance companies to post a notice on policies that exclude coverage that earthquake coverage is excluded and that it may be available for an additional cost. A similar notice to that for flood polices. That will sure take care of the problem….right? I guess following an earthquake you would be able to use the affirmative defense against a claim saying that the General Assembly didn’t require discussion pre-purchase and the client simply didn’t read their policy.

This year you can certainly tell the “brochure bills” by the number of bills that would prohibit texting while driving. They’re too numerous to count. I once heard a policeman ask – for primary offense laws, “now how am I to know if someone is texting while driving?” If they’re driving erratically they can be stopped for that and cited for reckless driving. I don’t mean to diminish the concern for this important safety issue but isn’t reckless driving already illegal?

Take a look at the Legislative Table and if you have any questions or concerns about any of the proposals listed, please don’t hesitate to let me know. Also – PLEASE plan on attending IIAV’s Insurance Day on the Hill – co-hosted with the National Association of Insurance and Financial Advisors – Virginia Chapter and the Virginia Association of Health Underwriters. It’s critically important this year that insurance agents show their presence both from property/casualty industry but also the health insurance industry. Click here for a Day on the Hill registration form.

As always, if you have any questions, please don't hesitate to contact me by e-mail at Rbradshaw@iiav.com or through my cell phone at 804-929-4134.

First Legislative Report for 2012

Let the people’s business begin!

We’ve got a slow beginning to this year’s legislative session.  Usually by this time – only one day out – we’re reviewing thousands of proposals to see if they impact our members and/or industry.  At this point only a couple hundred bills in total have been made public and for a long session, we know that this simply is too good to be true.  It’s possible but not probable that a long session will NOT generate a lot of proposals.

Having said that I’ve attached our legislative table with a couple of pieces of legislation that we’re tracking at the moment.  We’ve noted a couple of company sponsored bills and one from the Bureau of Insurance although we’re aware of much more to come.  We’ve noted a drafting error on IIAV’s Bill – SB 47 – Certificates of Insurance that needs to be corrected.  Once the session starts we can get this cleared up in the nature of a substitute.  We STILL don’t have a bill number for our certificate legislation in the House which will be introduced by Delegate Tom Rust.

Of course, what good would a legislative session be without some odd strange bills – that clearly reflect the urgent needs of today.  So far my nomination is bi-partisan – one from a Republican and another from a Democrat.

HB19 – Introduced by Delegate Terry Kilgore provides for an income tax deduction that shall not exceed $8,000 if you contract to have your cremated remains sent into space on a commercial space flight.  The bill is effective for taxable years beginning January 1, 2013 but before January 1. 2021. – This leave so very many questions……

Then there’s

HB124 – Introduced by Delegate Joe Morrissey which imposes a tax of 20 cents on plastic bags used in stores.  There are exemptions in the bill for bags used for ice cream, meat, fish, poultry, leftover restaurant food….and retailers are allowed to retain some of these fees if they have a “customer bag credit program.”  Oh yes, there are fines for retailers who fail to collect and remit the tax.  I’m just wondering what I’m going to use for my dog walks if this passes.

So we’ll follow up with future reports to keep you informed and this is our first ever legislative “blog” which will allow you to comment on some of the information we report.  We hope you like this blog effort.

Finally….don’t forget to register for the Insurance Day on the Hill.  We very much need your attendance and support this year both on the health side and the property casualty side.  I look forward to seeing you in Richmond…..

With that said…Let the “games” begin.  The 2012 Legislative Session begins on Wednesday, January 11.

Robert N. Bradshaw
IIAV President & CEO
Rbradshaw@iiav.com