Senate Bill 0354 Civil action for unfair claim settlement practices. Sen. Waterman. “Allows a person to file a civil action for damages related to an unfair claims settlement practice. Specifies the manner in which payment of certain damages must be made.”

Current law already specifies a laundry list of unfair claim settlement practices by insurance companies, including misrepresenting pertinent facts, failing to act promptly with respect to claims, refusing to pay claims without conducting a reasonable investigation, and forcing insureds to litigate by making low-ball offers. However, I believe this provision can currently only be enforced by the Department of Insurance. Under this legislation, an individual who suffers a pecuniary loss because of one or more of these practices would be able to bring a lawsuit directly against the insurer. The person can be awarded up to 2x the amount actually lost plus costs and attorney’s fees. Of the amount awarded above the actual loss, 75% would go to the plaintiff and the remaining 25% would go to the violent crime victims compensation fund.

I sympathize with the sentiment — having dealt with a couple of high risk motor vehicle insurance carriers that always low-ball you and always offer up the sketchiest liability defenses. However, if this passes, pretty much every lawsuit involving insurance will have an additional claim alleging an unfair claims settlement practice. It’d almost be malpractice for a plaintiff’s lawyer not to make the allegation any time the insurer offers anything less than the policy limits.

[tags]SB354-2007, insurance[/tags]

SB 299 Assessed value of homesteads. Sen. Mrvan:

Provides, for assessment dates after February 29, 2008, that the assessed value of a homestead that changes ownership in the preceding year is the sale price of the homestead. Limits the annual increase in the assessed value of a homestead that results from trending to the lesser of 3% or the percentage change in the consumer price index.

[tags]SB299-2007, taxation[/tags]

Senate Bill 0286 Environmental crimes. Sen. Kenley:

Makes violation of certain environmental statutes or permits a Class D felony if the violation proximately results in specified harm. Requires a court to consider any improper economic benefit received by a defendant, including unjust enrichment, in determining the level of fine to impose. Provides that a person who makes a material misstatement in an application for a permit or for certain forms of financial assistance commits a Class A misdemeanor. Makes falsifying certain data or interfering with monitoring devices a Class A misdemeanor. Makes poisoning a water supply or tampering with a water supply with intent to cause serious bodily injury a Class B felony. Permits a prosecuting attorney to appoint the attorney general or a deputy attorney general as a special deputy prosecuting attorney to assist in criminal proceedings related to a violation of environmental law.

[tags]SB286-2007, environment[/tags]

House Joint Resolution 8 Term of office of county sheriff. Rep. Torr. This Constitutional amendment would lengthen the term of office of a county sheriff from 4 years to 6 years. The Sheriff would not be allowed to serve more than 12 years in any 18 year period. (Currently, the Sheriff like the Clerk, Auditor, Recorder, Treasurer, or Coroner is limited to 8 years of service in any 12 year period.) As a transitional matter, any sheriff elected in 2008 would serve until 2015 and any sheriff elected in 2010 would serve until 2017.

I guess I don’t have any burning opposition to this, but I also don’t see any burning need that requires us monkeying around with the Constitution. Anybody know what the impetus for this is?

House Bill 1279 – Zoning and Confined Feeding Operations. Rep. Lutz:

Requires a person that wishes to construct a confined feeding operation or a concentrated animal feeding operation in a county that zones to obtain all approvals to construct the operation required under applicable zoning ordinances or other zoning laws applicable in the county in which the operation would be located.

Current statutes apparently only require a confined feeding operation (CAFO) to get the approval of the Department of Environmental Management before it begins construction. Obtaining a National Pollutant Discharge Elimination System permit (apparently a federal EPA permit) satisfies this requirement. The proposed legislation would require a CAFO to also obtain all approvals under applicable zoning ordinances. The zoning process would have to be completed before applying to IDEM.

For all things CAFO, I would recommend that readers head over to Kemplog.

[tags]HB1279-2007, CAFO, zoning, local government[/tags]

House Bill 1167 – Child and dependent care tax credit. Rep. Buell:

Provides a refundable income tax credit to individuals for certain household, child care, or dependent care expenses associated with an individual’s gainful employment. Provides that the amount of the credit is 50% of the federal child and dependent care credit. Provides that an individual whose federal adjusted gross income exceeds $45,000 is not eligible for the credit.

The legislation references section 21 of the Internal Revenue Code which specifies “employment-related expenses” as expenses for household services and care of the child, including daycare, if the expenses are incurred to enable gainful employment.

[tags]HB1167-2007, taxation[/tags]