RIA AGA Legislative Task Force Update - May 2023
RIA's AGA Legislative Task Force is responsible for monitoring legislation across the United States that may impact restoration professionals in the areas of mold remediation, pesticide application, contractor laws & regulations, prevailing wage and more. The following update is being provided to help RIA members stay informed of key legislative developments.
Immigration Legislation
Florida
Florida SB 1718 was signed into law on May 10, 2023.
Prohibiting counties and municipalities, respectively, from providing funds to any person, entity, or organization to issue identification documents to an individual who does not provide proof of lawful presence in the United States; specifying that certain driver licenses and permits issued by other states exclusively to unauthorized immigrants are not valid in this state; requiring certain hospitals to collect patient immigration status data information on admission or registration forms; requiring the Department of Economic Opportunity to enter a certain order and require repayment of certain economic development incentives if the department finds or is notified that an employer has knowingly employed an unauthorized alien without verifying the employment eligibility of such person, etc.
What This Means for Employers
- Employers are required to verify a new employee’s employment eligibility within three business days after the first day the new employee begins working for pay.
- Private employers with 25 or more employees must use the federal E-Verify system to verify a new employee’s employment eligibility starting on July 1.
- Employers cannot continue to employ an unauthorized alien after obtaining knowledge that a person is or has entered the county illegally.
- It is unlawful for any person to knowingly employ, hire, recruit or refer, either for herself or himself or on behalf of another, for private or public employment within the state, a “foreign national” who is not authorized to work in the U.S.
- The law now makes it a third-degree felony for anyone who knowingly or who reasonably should know that they are transporting immigrants who entered the country illegally into Florida.
- Defines Human Smuggler as any person who knowingly and willfully transports an undocumented individual into the state, who knows or who “reasonably should have [known]” the individual’s immigration status.
- Violating the new law could result in a series of escalating penalties that could lead to the state suspending or revoking all licenses to operate their business.
Mold Legislation
Maryland
Maryland HB 976 was signed into law on May 3, 2023.
Establishing the Workgroup on Mold Standards and Remediation to study information on mold assessment and remediation to determine the best practices for identifying mold, preventing the development of mold within indoor environments, and remediating indoor molding conditions harmful to public health; and requiring the Workgroup to report its findings and recommendations to the Governor and the General Assembly by October 1, 2024.
New Jersey
New Jersey A3274 was referred to the Assembly Housing Committee on May 8, 2023.
Requires DCA to establish procedures for inspection and abatement of mold hazards in residential buildings and school facilities, and certification programs for mold inspectors and mold hazard abatement workers.
South Carolina
South Carolina H3203 was referred to House Environmental Affairs Subcommittee on February 14, 2023.
A bill to amend the South Carolina Code of Laws by adding Section 44-1-320 so as to require the department of health and environmental control to establish voluntary minimum standards for mold remediation companies, to approve training courses and certifications for mold remediators, and to publish a list of certified mold remediators.
Texas
Texas SB1213 passed in the House on May 15, 2023.
Relating to the establishment of the Mold Assessment and Remediation Advisory Board under the Texas Department of Licensing and Regulation.
Pesticide Application Legislation
Washington
Washington SB5330 was signed into law by the Governor on April 25, 2023 and takes effect as of July 23, 2023.
AN ACT Relating to the Washington pesticide application act; 2 amending RCW 17.21.020, 17.21.130, and 17.21.132; and adding a new 3 section to chapter 17.21 RCW. 4. The Director of the Department of Agriculture (WSDA) may elect to suspend or revoke any license or certification that is based, in whole or in part, on a license or certification from another state or jurisdiction upon notification that the applicator's original certification was terminated due to the certified applicator being convicted under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or subject to a final order imposing a civil penalty under section 14(a) of the FIFRA.
Insurance Legislation
Rhode Island
Rhode Island H5496 was placed on the House calendar for May 16, 2023.
This act would provide that any insurer refusing to honor a "direction to pay" executed by an insured for payment on a property damage benefit would constitute an unfair claims practice. This act would take effect upon passage.
Texas
Texas HB601 passed the House on May 12, 2023
Relating to deceptive, unfair, or prohibited practices by an insurer. Amendment states that the act of compelling a policyholder to retain a public insurance adjuster to recover an amount due under a policy by offering less than the amount ultimately recovered in a settlement with the policyholder by an insurer constitutes unfair claim settlement practices.
Assignment of Benefits Legislation
Louisiana
Louisiana HB183 was referred to the Senate Committee on Insurance on May 17, 2023.
Prohibits the assignment of certain benefits. The present law prohibits persons performing home improvement contracting services from accepting an assignment of any right, benefit, proceed, or cause of action of an insured before completing the work described in the contract. The proposed law repeals present law.
Public Adjuster Legislation
Indiana
Indiana HB1329 was signed into law on April 28, 2023.
Insurance matters. Provides that if an insurance producer actively participates in a state or national professional insurance organization, the insurance commissioner may apply the insurance producer's participation toward the satisfaction of not more than two hours of the insurance producer's continuing education requirement in every two year licensing period. Prohibits a public adjuster from: (1) filing an insurance claim on behalf of an insured; (2) performing the role of roofing contractor, appraiser, or any other role with respect to the subject of a claim when the public adjuster is providing advice or assistance in the adjustment of the claim; or (3) filing an unfair claim settlement practice complaint unless the person who filed the claim has given written consent for the public adjuster to file the complaint. Requires a public adjuster, before entering into a contract with an insured, to provide a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party that is or will be involved in the insured's claim. Requires a public adjuster to provide to an insured a disclosure document containing certain information before the insured enters into a contract with the public adjuster. Provides that a contract between a public adjuster and an insured must be in writing, must contain certain information, and must be prepared on a form filed with and approved by the insurance commissioner. Prohibits the inclusion of certain terms in the contract. Provides that if the insurer, not more than five business days after the date on which the insured's loss is reported to the insurer, either pays or commits in writing to pay to the policy limit of the insured's policy, the public adjuster may not be compensated by receiving a percentage of the total amount paid by the insurer and is entitled only to reasonable compensation for services provided. Allows an insured to void or rescind a contract with a public adjuster.
Kentucky
Kentucky HB232 was passed and signed into law on March 17, 2023.
Amend KRS 304.9-430 and 304.9-433 to increase the minimum financial responsibility requirements for independent, staff, and public adjuster licenses; amend the definition of "home state"; establish requirements for public adjuster contracts with insureds; make technical corrections; create new sections of Subtitle 9 of KRS Chapter 304 to establish requirements for public adjusters relating to notice rights, inspection and investigation of claims, and conflicts of interest; establish requirements relating to funds received, accepted, or held by public adjusters; establish fee requirements for public adjusters; amend KRS 304.9-440 to establish additional penalties for public adjusters and public adjuster apprentices; provide that the commissioner may promulgate administrative regulations necessary for or as an aid to the effectuation of any provision of the Act.