2011 SUMMARY OF NEW STATE LAWS – NORTH DAKOTA

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1044

197

Insurance Tax Distribution

Relates to ambulance operations areas, emergency medical services funding areas, and state financial assistance for emergency medical services; relates to the insurance tax distribution fund and ambulance operations areas. Effective date: July 1, 2011.

HB 1050

513

Workers’ Compensation

Relates to a workers compensation grant program for vocational rehabilitation to promote necessary skills upgrading and to provide for the completion of remedial educational requirements which allow for optimal transition into the labor force; provides a continuing appropriation. Effective date: July 1, 2011.

HB 1051

510

Workers’ Compensation

Relates to workers compensation benefits upon attaining retirement age; requires, if an employee is injured within a specified time period preceding the employee's presumed retirement date, the payment of disability benefits, rehabilitation benefits, or a combination of both benefits for the period prior to retirement, not to exceed that specified time period; relates to individuals who begin receiving social security retirement benefits or other retirement benefits in lieu of social security. Effective date: August 1, 2011.

HB 1055

511

Workers’ Compensation

Relates to workers compensation permanent partial impairment benefits; provides for application. Effective date: August 1, 2011.

HB 1056

508

Workers’ Compensation

Relates to the independent performance evaluation of workforce safety and insurance; provides the time period in which a director of an organization shall request the State Auditor to select a firm with extensive expertise in workers' compensation to complete a performance evaluation of the functions and operations of the organization during that time period. Effective date: August 1, 2011.

HB 1083

213

Risk-Based Capital Reports

Relates to the risk-based capital reports of insurance companies. Effective date: August 1, 2011.

HB 1103

271

Motor Vehicle Identification

Relates to non-driver photo identification, operator's licenses, and motorcycle safety and body requirements. Effective date: August 1, 2011.

HB 1104

191

Underground Storage Tanks

Relates to hazardous waste and underground storage tank management; relates to financial assurance requirements for monitoring and remediation of property subject to institutional controls or responsibility exemptions; provides that such assurance requirement may be terminated if it is demonstrated that the property no longer presents a significant threat to public health or the environment. Effective date: August 1, 2011.

HB 1119

247

Teen Drivers

Relates to providing voluntary liability coverage to student drivers driving vehicles owned or leased by the state as part of a course; states that upon the request of a state institution of higher education, the Office of Management and Budget shall provide for defense and administration of claims against students arising from the operation of such vehicle, the operation of which is a required part of an established course of study: limits liability to the required amounts of financial responsibility. Effective date: March 14, 2011.

HB 1121

212

Confidentiality of Actuarial Opinions

Relates to the confidentiality of actuarial opinion support documents that are provided by insurers to the Insurance Commissioner. Effective date: August 1, 2011.

HB 1123

223

Surplus Lines Insurance

Relates to surplus lines insurance to include the duty to file evidence of insurance and affidavits, nonadmitted insurers, gross premiums taxes, the service of process requirements, the notice to insureds regarding coverage by a nonadmitted insurer, records to be maintained, the civil penalty for failure to file a statement and pay the required taxes, the revocation of a license and the conditions prerequisite to reissuance, and interstate insurance regulatory cooperation. Effective date: April 19, 2011.

HB 1174

190

Medical Records

Relates to copies of medical records and medical bills; requires that bills be provided upon request with the signed authorization of the patient and that such bills be provided in a paper, facsimile, or electronic format at a specified charge; establishes the permissible charge for records and bills provided to an insurer in connection with a no-fault insurance claim. Effective date: August 1, 2011.

HB 1175

215

Insurance Rebates

Relates to limitations on insurance rebates; relates to limitations on insurance rebates; provides that if the cost does not exceed a specified amount in value, an insurer, an employee or an insurer, or a producer may give and an insured may accept a gift, rebate, coupon, prize, good, ware, merchandise, article, or property, or any other tangible item directly or indirectly in connection with marketing for the sale or retention of contracts of insurance. Effective date: August 1, 2011.

HB 1195

279

Distracted Driving

Relates to the use of a wireless communications device and demerit points; relates to fees for a moving violation; provides a penalty. Effective date: August 1, 2011.

HB 1256

272

Traffic Offenses

Relates to definitions and demerit points;, relating to a graduated operator's license. Effective date: August 1, 2011.

HB 1308

222

Rental Vehicles

Relates to establishment of primary and excess automobile liability coverages for rental vehicles. Effective date: August 1, 2011.

HB 1319

290

Motor Vehicle Equipment

Relates to air-conditioning equipment in motor vehicles; requires a refrigerant that is included in the list published by the United States environmental protection agency as a safe alternative motor vehicle air-conditioning substitute for chlorofluorocarbon-12. Effective date: April 4, 2011.

HB 1326

134

Insurance for School Districts

Relates to the maintenance of insurance by school districts; provides that each school district shall review the terms of any insurance policies providing coverage for its buildings, its facilities, and their contents and ensure that the policies are sufficient to provide in full for the repair or replacement of the buildings, its facilities, and their contents, in the event of a loss. Effective date: August 1, 2011.

HB 1365

417

Statutes of Limitation

Provides for a legislative management study of statutes of limitation and venue requirements for civil actions in the state. Effective date: August 1, 2011.

HB 1419

244

Civil Liability Immunity

Relates to immunity from civil liability for liquefied petroleum gas dealers; provides for application. Effective date: August 1, 2011.

HB 1425

402

State Building Code

Provides that the state building code, plumbing code, electrical code, or an equivalent code adopted by a political subdivision must provide that a building designated for and used as a school portable classroom may be constructed and inspected as a temporary structure as defined in the state code or as a permanent school portable classroom; relates to the structure's foundation requirements; provides that temporary electrical and plumbing installation may be allowed. Effective date: April 27, 2011.

HB 1438

503

Firearm Possession

Provides that a public or private employer may not prohibit any customer, employee, or invitee from possessing any legally owned firearm, if the firearm is lawfully possessed and located inside or locked to a private motor vehicle in a parking lot and if that person is lawfully in the area, make a verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot, or make an actual search of a private motor vehicle in a parking lot. Effective date: August 1, 2011.

HB 1452

24

Immunity to Trespassers

Provides landowner immunity for injuries to trespassers; provides that a possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser; provides for exceptions; relates to physical injury or death to a child trespasser resulting from an artificial condition on the land under certain circumstances. Effective date: August 1, 2011.

HB 1453

509

Workers’ Compensation

Relates to workers' compensation coverage for real estate modifications; provides that when an injured employee sustains a catastrophic injury, the organization may pay an amount not to exceed seventy-five thousand dollars to provide permanent additions, remodeling, or adaptations to real estate it determines necessary; dollar limit is for the life of the injured employee, regardless of any subsequent claim; does not allow the organization to purchase any real estate. Effective date: August 1, 2011.

HB 1456

231

Sexual Offenses

Relates to the statute of limitations on civil actions involving childhood sexual abuse. Effective date: August 1, 2011.

SB 2010

36

Premium Taxes

Provides an appropriation for defraying the expenses of the insurance commissioner; to provide for making payments of insurance premiums tax collections to fire departments. Effective date: July 1, 2011.

SB 2021

47

Workers’ Compensation

Provides an appropriation for defraying the expenses of workforce safety and insurance fund. Effective date: July 1, 2011.

SB 2062

221

Certificates of Insurance

Provides that a person may not prepare, issue, or require the issuance of a certificate of insurance on property, operations, or risks located in the state unless the certificate of insurance form has been filed with the Insurance Commissioner by or on behalf of the insurer and has been approved; provides that a person may not alter or modify the approved certificate of insurance, demand, require, or issue a certificate that contains false or misleading information or alters or amends coverage. Effective date: August 1, 2011.

SB 2064

216

Boiler Inspection Fees

Relates to inspection fees, certificate fees and certificates of inspection of boilers. Effective date: August 1, 2011.

SB 2069

255

Workers’ Compensation

Authorizes the State National Guard to pay medical expenses for national guard members who are called to state active duty when the member sustains an injury or illness that is found to have occurred within the line of duty and is not covered by workforce safety and insurance. Effective date: April 1, 2011.

SB 2089

506

Workers’ Compensation

Relates to burden of proof in workers' compensation claims matters where the employer claims an employee is not entitled to benefits because the employee's injury was caused by the employee's willful intention to cause self-injury, injure another, or any reason of voluntary impairment cause by the use of alcohol or a controlled substance by the employee. Effective date: August 1, 2011.

SB 2112

278

Commercial Drivers’ Licenses

Relates to commercial drivers' licenses, downgrading from self-certification to interstate or intrastate, a violation of state law against texting while driving, medical certification requirements, and letters of authority and license disqualification for falsified license application information. Effective date: August 1, 2011.

SB 2114

512

Workers’ Compensation

Relates to injured workers; provides for workforce safety and insurance for a final applicant for a specified occupation with workforce safety and insurance, or for contractors who have access to confidential information as designated by the director; relates to petitions for reconsideration, scholarships, rehabilitation, work searches, revolving loan funds, service of administrative orders, nonpayment of weight loss and smoking programs unless ordered by the organization and training program mileage. Effective date: August 1, 2011.

SB 2156

199

Product Liability

Revises the provisions of existing law the relate to the arbitration of a controversy arising out of a contract for the construction or repair of a highway; provides that the district court may appoint arbitrators if parties fail; relates to claims of less than a specified amount, except that the parties jointly shall select the arbitrator after the demand and response. Effective date: August 1, 2011.

SB 2165

270

Records Retention

Relates to the department of motor vehicle record retention; provides that files of surrendered certificates of title and the records must be permanently maintained; includes titles for manufactured homes. Effective date: August 1, 2011.

SB 2205

507

Workers’ Compensation

Relates to attorney representation in requests for workforce safety and insurance reconsideration, who may appeal a decision of the decision review office, and service of an employer; provides for submission of additional evidence; provide that the organization shall reconsider the matter by informal internal review of the information of record; provides that absent a timely and sufficient request for reconsideration, the notice of decision is final and may not be reheard or appealed. Effective date: August 1, 2011.

SB 2244

275

Commercial Drivers’ Licenses

Relates to operator's licenses and intrastate exemptions for drivers of specified commercial motor vehicles; provides that drivers of certain vehicles are exempt from the hours of service regulation; provides the age requirement to operate a combination of vehicles with a specified gross weight unless the vehicle is a farm vehicle that meets existing law requirements. Effective date: August 1, 2011.