Wednesday, March 28, 2012

MAIF teams with State Police to remind Marylanders to "Move Over"


(L to R): PGFD Chief Mark Bashoor,
MAIF Executive Director M. Kent Krabbe,
MD State Police Superintendent Marcus L. Brown,
& PGPD Major Robert Brewer.
Here at the Scoop, much of our focus is on proposed legislation…mainly the process of how a bill becomes law.

Each session, an average of 2,500 bills are proposed. Of those, about 30% make it through readings, hearings, committees, subcommittees, crossover, power breakfasts at Chick and Ruth’s, to vote, then on to the Governor’s desk to be signed into law.

With so many new laws each year, many fly under the radar of the general public. What good is a law if people don't know it exists?

MAIF Executive Director Kent Krabbe
with  Trooper Thaddeus Allen.
While making a roadside stop in 2011,
in his first days on patrol,
Trooper Allen's car was struck and totaled.
Trooper Allen was able to dive over a retaining
wall at the last moment, and escaped
serious injury.

In 2010, the “Move Over” law was one of the 810 bills signed into law. This is an important law, centered on keeping emergency personnel safe by requiring motorists to slow down and if they’re able, to move over out of the lane adjacent to the shoulder when an emergency vehicle is stopped with signal lights activated.

Unfortunately, “Move Over” wasn’t the highest profile law that went into effect on October 1, 2010. That same day, the ‘hands free cellphone” law went on the books, and dominated the news cycle.

A year and a half later, many Marylanders are unaware that slowing down and moving over is not just a common courtesy, it’s actually the law. Failing to obey this law can result in a fine of $110 and one point. If the driver’s failure to move over leads to an accident, it results in a fine of $150 and three points…and if that accident results in serious injury or death, the fine is $750 and three points.


As part of our on-going campaign to make Maryland roadways safer, MAIF has teamed up with the Maryland State Police to help raise awareness of this law. On March 21, MAIF Executive Director M. Kent Krabbe joined Maryland State Police Superintendent Marcus Brown to announce an initiative to raise awareness of the “Move Over” law. MAIF has provided decals which will be applied to law enforcement and emergency vehicles statewide. The decals read, “If I’m on the shoulder: Slow Down. Move over. It’s the law.”

MAIF is proud to work with the Maryland State Police as well as other outstanding police and emergency agencies across the state to help spread awareness of Maryland’s “Move Over” law.

Here are some comments from Mr. Krabbe and Superintendent Brown regarding “Move Over” at the press conferences held at the Pikesville Volunteer Fire Department and Maryland State Police College Park Barracks on Wednesday, March 21.


M. Kent Krabbe, MAIF Executive Director:

“MAIF is committed not only to insuring Maryland drivers, but to helping to insure the safety of Maryland’s roadways. Our law enforcement and emergency personnel risk their lives every day working toward that same goal. Each one of us has a responsibility to make sure that they are able to perform their duty safely”

“As an insurance company, MAIF has a vested interest in reducing the number of accidents on our roads. Fewer accidents mean lower rates for Maryland drivers, but more importantly it also means safer roads.”

“It is crucial that Marylanders know about and obey this law. Traffic related incidents were the leading cause of police officer fatalities (from 1997 – 2010).”

Maryland State Police Superintendent Marcus L. Brown:

“As Maryland State Police Superintendent, I want to make May, “Move Over” Month in Maryland for all of our law enforcement agencies and fire departments, statewide.”

“Today, we unveil a bumper sticker, made possible by our partners at MAIF, the Maryland Automobile Insurance Fund. The sticker is designed to remind motorists of the “Move Over” law. For the next month, you will see this sticker adorning the bumpers of police and emergency vehicles statewide.”

“Over the past decade, more than 150 law enforcement officers have been killed, nationwide at roadsides, after being struck by vehicles.”

Tuesday, March 27, 2012

This Week at the Circus - 3/26: Walking the tightrope (en masse)

no safety net here, ladies and gentlemen!
It's crossover week at the circus! Picture a high wire extending across Rowe Boulevard, between the House and Senate buildings. On this tightrope are 188 precariously perched politicians, attempting to ferry their pet projects across to the other side.

This week is critical to the bill passage process.  If you get your bill out of committee, and if it survives on the floor of the House or Senate, it is ready to “crossover” to whichever chamber has not heard it yet.  Bills that “crossover” in a timely fashion are guaranteed consideration by the other body.  Cross-over too late and your bill could die from inactivity. 

On the tightrope, sometimes wavering, are the following insurance bills:

SB 82/HB 279 - Increases the Uninsured Division’s bodily injury limits from $20,000/$40,000 to $30,000/$60,000.

SB 256/HB 876 – Exempts insurers from issuing a notice for commercial policy renewals if the premium is greater than $1,000 and increases by 3% or $300.

SB 309/HB149 – Requires motor scooters to be titled and insured.

SB 531/HB 1095 – Requires insurers to recalculate premium on policies within the 45-day underwriting period if information was not disclosed or incorrectly recorded on the initial application.

SB 938/HB 1059 – Allows an insurer to rescind a policy or binder if the applicant’s initial premium payment is made by a check that is dishonored and returned by a financial institution as unpaid due to insufficient funds.

SB 604/HB 715 – Seeks to overturn a 2006 Court of Appeals decision, Maurer v. Penn National Mutual Casualty Insurance.  The legislation would allow insurers to consent to settlements without waiving their rights to raise liability or damage defense.

SB 907/HB 356 – Shifts the responsibility for liability insurance on all rental vehicles to the insurance carrier of the renter.

SB 745/HB 1017 – Frees IWIF from further State government control, and creates the Chesapeake Employers’ Insurance Company.  This would be a non-stock, non-profit corporation organized under Maryland law that continues to pursue IWIF’s mission.

SB 1006 – Creates a variable commission structure for MAIF.

HB 1068 – Creates a homeowner’s cancellation notice requirement.

HB 1180 – Requires insurance companies to report new business to the Motor Vehicle Administration.

HB 1383 – Prohibits an insurer from excluding coverage solely because the subject of the risk or the policyholder’s address is located in a certain geographic area of the State.

Some of these bills should look familiar. We've mentioned many of them in past Circus posts, while they were in hearing. Now we're following them as they cross from the Senate to the House, or vice versa.

Thursday, March 22, 2012

Session Scoop: This Week at the Circus - March 19 - 23


All good circus events include a loud vendor circulating in the stands.  This week committee chairs take the place of hot dog vendors, but the cry of the week is not about “red hots” (or hot dogs for the uninitiated, and frankfurters for you New Yorkers), it’s about votes.  “Votes, get your votes here” will be heard all week.


"They call me Red Hot.
This is my brother, Frank."

That’s because Tuesday (the first day of Spring) is “Committee Reporting Courtesy Date.”  Committees will try to vote on dozens of accumulated bills this week.  It is a courtesy date because next week, on Monday, is “Opposite Chamber Bill Crossover date.”  If bills are passed out of a committee after march 26th , they are not guaranteed a vote in the other chamber.

Bills that the Scoop will watch for votes include SB 82 (raising the Uninsured Division limits), SB 406 (changing the time for submitting an Uninsured Division claim), SB 1006 (changing MAIF’s commission structure), HB 472 (creating a lead paint injury compensation fund), HB 149 (motor scooters - the House counterpart to SB309), and HB 1180 (enhanced insurance company reports to the MVA).

As late as it is in session, there are still bills being heard.  Here's what we've been keeping an eye on this week:

SB 1027: Waiver of Mandatory Deductible- This bill would require insurance companies to waive the $250 mandatory deduction if the insured is receiving disability payments from State or federal government or from a pension plan and they file a claim under the uninsured motorist coverage of their policy.

SB 960- Unfair Claim Settlement Practices – Refusal to Pay a Claim- This alters the wording of the current definition of “unfair claim settlement practice.” Often, homeowner’s insurance claims are denied based on the report of an expert, regardless of the homeowner’s ability to provide additional information to support their claim. This bill would require an insurer to consider all information provided in making a decision on a claim, even if it contradicts the expert’s report.

SB 256/HB876- Commercial Policies – Notices of Premium Increase- This bill exempts insurers from issuing a notice of a policy premium renewal at least 45 days prior to the policy’s renewal date if the renewal policy premium is greater than $500 and increases by 5% or less.

And of course, the budget is still out there. This week, the House will debate budget bills.

After this week, there's just two full weeks of Session 2012 remaining, before it adjourns on April 9. It's going to get wild.

Thursday, March 15, 2012

Session Scoop: HB 1178 - Failure to Render Assistance

In the final scene of the series Seinfeld finds Jerry, Elaine, George and Kramer in a jail cell. They’d been arrested under a Good Samaritan law for standing by and watching while someone was being mugged. This year, a similar law has come up for debate here in Maryland. (HB1178)

Earlier this session, we shared the story of Nathan Krasnopoler, the Hopkins student who was struck by a car while on his bike, and later died. Nathan’s mother, Susan Cohen has previously appeared, encouraging legislation for cognitive testing of elderly drivers, such as the one who ran over her son. Mrs. Cohen recently returned to Annapolis to share her son’s story once again in an effort to get the House to pass legislation that would make “failure to render assistance” a citable offense.

Though knocked unconscious, Mr. Krasnopoler was alive after the initial accident. However, the 83 year old driver of the car never called for assistance. She simply got out of the car, which was still running, and sat on a curb next to the accident scene….no call to a passerby for help, no call to 911. Witnesses later said that it simply appeared that a young man was under the woman’s car, trying to fix it while she sat on a nearby wall. Instead, that young man was dying, the weight of the car crushing his chest.

The moments that were lost while the driver sat idly by could have made the difference between life and death for Mr. Krasnopoler. That driver was only given two citations, neither related to the injuries she caused to Mr. Krasnopoler. Both were simply traffic citations: “Failure to yield right of way” and “negligent driving.” She did not receive any points on her license, nor was it suspended.

Under the this bill, failure to render assistance would result in eight points being assessed to the violator’s license, as well as their license being suspended for a minimum of two days and a maximum of 30 days for the first offense. A second offense would result in a minimum suspension of fifteen days and a maximum of ninety. In addition, once a driver has five points against their license, they’re required to take a driver improvement course. So this law would make that automatic.

It’s unfortunate that something as simple as calling 911 to get help for someone pinned underneath of a car requires a law. You would hope that it would be anyone’s first instinct.

Tuesday, March 13, 2012

This Week at the Circus: March 12 - 16


This way to Annapolis!
With only four weeks remaining, the pace is picking up at the Assembly. This week, the full Senate will pass a budget (still no gas tax) and send it over to the House for consideration.

Freed of the budget issue, watch as the Senate unveils its yearly version of a clown car. It will be amazing just how many bills will escape committee this week and perform on the Senate floor starting next week.

In preparation for that show, the Scoop will be in committee hearings watching to see just how many bills make it into that car. Among the bigger issues...

SB 732- Low-cost Automobile Insurance/Prince Georges County: This bill would create a Low-Cost Insurance Program in Prince Georges County and would require MAIF to create a new, low-cost policy in order to insure those residents who apply and qualify.

SB1006- MAIF Producer Commissions: This bill will allow MAIF to determine a commission between 10% and 15% to be paid to the Producers who sell MAIF policies. Currently, the maximum commission MAIF may pay is 10%.

HB1335- Carrying and Displaying Proof of Insurance: This would require all Maryland drivers to carry proof of insurance with them when operating a vehicle. It would also require all Maryland police officers to demand to see proof of insurance from any driver they detain for a violation.

SB 785- Prohibiting Use of Credit History in Rating Insurance Policies: Insurance providers would no longer be able to take credit history into account when rating someone for insurance. (Note: MAIF does not take credit history into account for this purpose).

SB938- Rescission of Policy or Binder: This would allow an insurance company to cancel a policy, retroactive to its effective date if the check used to pay the initial premium is fraudulent or returned for non-sufficient funds.

In addition to the Senate voting on the budget, the House Budget Appropriations Committee will hold their decision meetings for the budget hearings they held last week.

That's what we'll have our eye on this week...when we're not hanging around State Circle enjoying the amazing weather that's expected over the next several days, that is.

Thursday, March 8, 2012

Amid the Chaos of Session, There is Art

If you've never been to the Miller Senate Building to watch or testify in committee hearings, you might not be aware that Annapolis is home to two of Maryland's artistic treasures.

As you cross the threshold of the building, you walk over a marble mosaic of the Great Seal of Maryland. The marble is from Virginia.

The Seal dates back to Maryland's founding as a colony in 1634. Like the state flag, it features a shield bearing the colors of the the Calvert and Crossland families. The two men holding the shield represent Lord Baltimore's two estates in the new world. The Farmer represents Maryland and the fisherman represents Avalon in Newfoundland. Though it could just as easily represent life on the Chesapeake Bay.

To this day, the imprint of the Great Seal is required to authenticate all acts of the General Assembly.

As you stand on the seal, if you were to look up, you would find yourself under an amazing glass dome.

The dome was created in 1903 by Tiffany Glass & Decorating Co. It's twenty feet in diameter. Oddly this dome has moved multiple times in its life, installed for a time in the Joint Hearing Room. It returned to the Miller Office Building in 2000.

There are also five Tiffany skylights in the State House, as well as two windows in the Joint Hearing Room which bear the Great Seal.

The next time you're in Annapolis, don't just visit the harbor and the Naval Academy. Make sure to check out some of the works of art in and around the State House.

Tuesday, March 6, 2012

This Week at the Circus: March 5 - 10


We're gonna need a bigger hat.

With only five weeks left in the 2012 legislative session, the Assembly will now try to perform its annual magic trick. Watch in the coming weeks as members make the state's one billion (yes, with a b) structural deficit disappear.

Here's what we'll be watching, in addition to our wallets:

HB1180: MVA Reporting- Requires insurance providers to submit immediate electronic notification of new policies or cancelled policies to the MVA. The current law only requires carries to submit cancellation information and gives a 30 day window. (Note: MAIF already follows this procedure of immediate electronic notification).

HB566: Impound of Vehicle with Lapsed Security (Insurance)- This law would prohibit police from impounding vehicles found to be operated without the required amounts of insurance, as long as the operator could provide evidence that there is, in fact, coverage in force.

HB15: Maryland Medical Marijuana Act- This would make it legal for Maryland residents who have been diagnosed with “debilitating medical conditions” by a certified medical practitioner to use medical marijuana. If this passes, expect an epidemic of glaucoma and post-traumatic stress disorder diagnoses in Maryland.
In addition to HB15, HB1024 would create a Medical Marijuana Commission and HB1158/SB995 would create a Medical Marijuana Oversight Committee.

SB455/HB526: Special Appointments- This law would change the employment status of certain employees with the Maryland Correctional Enterprises and Attorney General Offices, switching them from Special Appointments (at-will) to skilled service (grade and step). It specifies that Assistant Attorney Generals would be Special Appointment.

MAIF’s House Budget Hearing- Already heard by the Senate, MAIF’s Budget will be reviewed by the House this week.

HB784/SB249: Millionaires Tax- Raises the State income tax rate for those making in excess of $1,000,000 per year to 6.25%.

HB1051Services Tax- Redefines which services qualify as “taxable services.” Parking Facilities, Tanning and Massage Service…even “Escort Service” (yes, it’s in the bill) all qualify as taxable.

And the most interesting thing on tap this week (unless we lost people back at HB15) is the Creation of State Debt sessions. Each year, both the House and Senate set aside one Saturday to hear “Bond Bills.” These are bills from around the state requesting funding for various projects. This Saturday, the House will hear 90 bills between 9am and 3pm, with one carrying over to Monday, and the Senate will hear 100 bills, with 10 carrying over to Monday’s schedule. These requests range from a new roof for a visitors center, to athletic fields at the University of Maryland, to National Aquarium Infrastructure, to renovation of a Dinosaur Park. Around Annapolis, this day is known as The Beg-a-thon.

And that's what we're keeping an eye on this week.

Thursday, March 1, 2012

A Vote of Conscious

The storm clouds hovering over the national political climate today could make even a young Candide pessimistic.

Cable television shows thrive on pitting the extremes of each party against one another.  These debates denigrate into virtual name calling.  Adding to the public’s cynicism is the unfolding reality of strict party line votes in the U. S. House of Representatives and Senate.  Bipartisanship, some say, is on the scrap heap of history.  Legislators divide by party, and march in lock-step in opposite directions, responding only to the cadence of their political leaders.

Happily, these clouds have not yet enveloped our state General Assembly.  In Annapolis, the spectrum of views remains broad, and the leadership is quick to concede that their members are not lemmings.  Instead, leadership in Annapolis means learning how to herd cats.  This rampant individuality was on full display in the vote on HB 438 (The Marriage Equality Act).  Regardless of how you feel on the issue, this was no party line vote.  Those types of votes are labeled “leadership calls,” and they demand strict loyalty from the party ranks.  Despite the importance that both parties leadership placed on The Marriage Equality Act, this was a declared “vote of conscious.”

A vote of conscious frees each individual delegate or senator to vote as they feel compelled to vote – with no recriminations or retaliation from party leadership.  These types of votes recognize that the individual’s compass and their constituent’s views are guiding the outcome, not the cadence of leadership.

It is reassuring that the sun still shines on “votes of conscious” here in Annapolis.  It is a better system because diversity of views is allowed to thrive, and the opinion of the constituents still matter.