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Fiscal Note — 5798 SB, Insurance Notices (Office of Insurance Commissioner)

Summary

Individual State Agency Fiscal Note from the Office of Insurance Commissioner for 5798 SB, Insurance notices. Part I lists amounts of 100,638 and 15,866 for the Insurance Commissioners Regulatory Account-State. The narrative states that Section 1 requires an insurer to deliver or mail written notice of cancellation to the named insured at least 60 days before the effective date of the cancellation for insurance policies other than medical malpractice or fire insurance policies canceled under RCW 48.53.040. It states that Section 2 requires written notice of nonrenewal at least 60 days before the expiration date of the policy for policies subject to RCW 48.18.290(1)(a).

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“Fiscal Note — 5798 SB, Insurance Notices (Office of Insurance Commissioner).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-18-a31645-d265013-5798-sb-fn-final-01-11-24-39fb512c27/, SHA-256 cf31463885b2162a4476a9c7936a24af4e4bec80be7a7116ba4851d755a70ae1.

Full text

                            Individual State Agency Fiscal Note

Bill Number:      5798 SB                Title:     Insurance notices                                         Agency: 160-Office of Insurance
                                                                                                                      Commissioner

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:

      NONE


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  0.0                   0.7              0.4                      0.1              0.0
 Account
 Insurance Commissioners Regulatory                                 0              100,638             100,638                15,866                       0
 Account-State       138-1
                                Total $                             0              100,638             100,638                15,866                       0


Estimated Capital Budget Impact:

    NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

      Requires new rule making, complete Part V.


   Legislative Contact:     Kellee Gunn                                                       Phone: 786-7429                Date: 01/05/2024
   Agency Preparation:      David Forte                                                       Phone: 360-725-7268            Date: 01/10/2024
   Agency Approval:         Joyce Brake                                                       Phone: 360-725-7041            Date: 01/10/2024
  OFM Review:               Jason Brown                                                       Phone: (360) 742-7277          Date: 01/11/2024

Form FN (Rev 1/00) 188,801.00                                                                                                      Request # 24-11-1
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 5798 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 Section 1(1)(a)(i) requires, for all insurance policies other than medical malpractice insurance policies or fire insurance
 policies canceled under RCW 48.53.040, the insurer to deliver or mail written notice of cancellation to the named insured at
 least 60 days before the effective date of the cancellation.

 Section 2(1)(a)(i)(A) requires, for all insurance policies subject to RCW 48.18.290(1)(a), the insurer to deliver or mail
 written notice of nonrenewal to the named insured at least 60 days before the expiration date of the policy.

 Section 3 prohibits a contract of insurance predicated wholly or in part upon the use of a private passenger automobile from
 being terminated by cancellation by the insurer until at least 60 days after mailing written notice of cancellation to the named
 insured.

 Section 4 (1)(a)&(b) requires each insurer to renew any contract of insurance subject to RCW 48.18.291 unless:
 • the insurer gives named insured at least 60 days of notice in writing as provided for in
 RCW 48.18.291(1), that it proposes to refuse to renew the insurance contract upon its expiration date.
 • at least 60 days prior to its expiration date, the insurer has communicated its willingness to renew in writing to the
 named insured.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 Section 1(1)(a)(i) requires, for all insurance policies other than medical malpractice insurance policies or fire insurance
 policies canceled under RCW 48.53.040, the insurer to deliver or mail written notice of cancellation to the named insured at
 least 60 days before the effective date of the cancellation.

 Section 2(1)(a)(i)(A) requires, for all insurance policies subject to RCW 48.18.290(1)(a), the insurer to deliver or mail
 written notice of nonrenewal to the named insured at least 60 days before the expiration date of the policy.

 Section 3 prohibits a contract of insurance predicated wholly or in part upon the use of a private passenger automobile from
 being terminated by cancellation by the insurer until at least 60 days after mailing written notice of cancellation to the named
 insured.

 Section 4 (1)(a)&(b) requires each insurer to renew any contract of insurance subject to RCW 48.18.291 unless:
 • the insurer gives named insured at least 60 days of notice in writing as provided for in
 RCW 48.18.291(1), that it proposes to refuse to renew the insurance contract upon its expiration date.
 • at least 60 days prior to its expiration date, the insurer has communicated its willingness to renew in writing to the
 named insured.

 Sections 1 through 4 requires each Life and Disability (L&D) and Property and Casualty (P&C) insurer with forms that
 provide for the current 45-day or 20-day notice periods to submit a one-time form filing to update the notice period to the
 new 60-day notice period requirement. Based on the OIC’s 2022 Market Information report, the OIC assumes 888 L&D

Insurance notices                                                                                                160-Office of Insurance Commissioner
Form FN (Rev 1/00) 188,801.00                                                                                                       Request # 24-11-1
FNS063 Individual State Agency Fiscal Note                                2                                                              Bill # 5798 SB
 and 3,873 P&C insurers will be impacted. It is further assumed that 30% of impacted insurers will have more than one form
 filing per product type resulting in 1,154 L&D form filings (888 form filings x 30% + 888 form filings) and 5,035 P&C
 filings (3,873 form filings x 30% + 3,873 form filings). Each form filing will require 10 minutes to review requiring one-time
 costs of 1,032 hours (6,189 form filings x 10 minutes), of a Functional Program Analyst 3 (696 hours) and Functional
 Program Analyst 4 (336 hours) in FY2025.

 The provisions in sections 1 through 4 will lead to an increase in enforcement actions, including hearing demands, as
 companies adjust to the new requirements. The OIC anticipates an average of an additional 2 enforcement cases in
 FY2025, FY2026, and FY2027, and one additional hearing in FY2025, to address the change to a 60-day notice period.
 Enforcement actions require the equivalent of approximately 40 hours per case and hearings require an average of 50 hours
 per case requiring 130 hours (2 cases x 40 hours + 1 hearing x 50 hours) in FY2025 and 80 hours (2 cases x 40 hours) in
 FY2026 and FY2027, of an Insurance Attorney.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type                 FY 2024                  FY 2025                2023-25                2025-27                 2027-29
 138-1      Insurance          State                              0              100,638               100,638                  15,866                         0
            Commissioners
            Regulatory Account
                                 Total $                          0                 100,638             100,638                       15,866                   0

III. B - Expenditures by Object Or Purpose
                                                 FY 2024                  FY 2025             2023-25                 2025-27               2027-29
  FTE Staff Years                                                                   0.7                 0.4                     0.1
  A-Salaries and Wages                                                         59,603                59,603                 9,566
  B-Employee Benefits                                                          20,907                20,907                 3,126
  C-Professional Service Contracts
  E-Goods and Other Services                                                   20,128                20,128                 3,174
  G-Travel
  J-Capital Outlays
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $                       0               100,638               100,638                15,866                         0

 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
         Part I and Part IIIA

  Job Classification                           Salary             FY 2024            FY 2025          2023-25            2025-27               2027-29
  Functional Program Analyst 3                       78,468                                   0.4               0.2
  Functional Program Analyst 4                       86,712                                   0.2               0.1
  Insurance Attorney                                 95,652                                   0.1               0.0                   0.1
                        Total FTEs                                                            0.7               0.4                   0.1                0.0



III. D - Expenditures By Program (optional)
NONE


 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures


Insurance notices                                                                                             160-Office of Insurance Commissioner
Form FN (Rev 1/00) 188,801.00                                                                                                    Request # 24-11-1
FNS063 Individual State Agency Fiscal Note                            3                                                               Bill # 5798 SB
       NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
       NONE

 IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.


      NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.




Insurance notices                                                                                               160-Office of Insurance Commissioner
Form FN (Rev 1/00) 188,801.00                                                                                                      Request # 24-11-1
FNS063 Individual State Agency Fiscal Note                               4                                                              Bill # 5798 SB


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